Somerset County Attempted Rape in the Second Degree Lawyer — What Is Your Defense?
An attempted rape in the second degree charge in Somerset County is a serious indictable offense prosecuted under N.J.S.A. 2C:5-1 and 2C:14-2. A conviction can lead to a lengthy prison term and lifetime Megan’s Law registration. As an attempted rape in the second degree lawyer in Somerset County, Law Offices Of SRIS, P.C.
Understanding Attempted Rape in the Second Degree in New Jersey
In New Jersey, an “attempt” to commit a crime is defined under N.J.S.A. 2C:5-1. A person is guilty of an attempt if, acting with the kind of culpability otherwise required for the commission of the crime, they purposely engage in conduct that constitutes a substantial step toward the commission of the crime. A substantial step is conduct that is strongly corroborative of the actor’s criminal purpose. For an attempted rape in the second degree charge, the prosecution must prove beyond a reasonable doubt that you took a substantial step toward committing sexual penetration with another person under circumstances where the victim was physically helpless or mentally incapacitated, or where force or coercion was used, and that you did so with the specific intent to complete the act.
Last verified: April 2026 | Superior Court of NJ, Somerset Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the attempt statute, see N.J.S.A. 2C:5-1 (official New Jersey Legislature). For court procedures and information, visit the Superior Court of NJ, Somerset Vicinage website.
Local Defense Strategy in Somerset County
In Somerset County, attempted sex crime cases are prosecuted aggressively by the County Prosecutor’s Office. These cases are presented to a grand jury for indictment and heard in the Superior Court Criminal Division. A key defense strategy for an attempted crime defense lawyer in Somerset County involves challenging whether the alleged actions truly constituted a “substantial step” toward completing the crime, as opposed to mere preparation. The defense can also attack the evidence of specific intent, which is a required element the state must prove.
- Secure representation immediately after arrest or upon learning of an investigation.
- Your attorney will file for complete discovery from the prosecutor to review all evidence.
- A motion may be filed to suppress evidence or dismiss charges based on legal insufficiency.
- Your lawyer will engage in pre-indictment negotiations with the prosecutor, if strategic.
- If indicted, prepare for pre-trial hearings and, if necessary, a trial in Superior Court.
- If convicted, advocate for the most favorable sentencing terms, including arguing against mandatory Megan’s Law registration where possible.
Potential Penalties for Attempted Rape in the Second Degree
In Somerset County, a conviction for attempted rape in the second degree carries severe penalties, including significant prison time and mandatory registration as a sex offender.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Attempted Rape 2nd Degree | Crime of the 2nd Degree* | 5-10 years (subject to NERA 85% parole ineligibility) | Up to $150,000 | None | Mandatory Megan’s Law registration, Community Supervision for Life, DNA sample, No Early Release Act (NERA) may apply. |
Results may vary. Prior results do not guarantee a similar outcome.
*An attempt to commit a crime of the first degree is a crime of the second degree under N.J.S.A. 2C:5-4. Since rape in the second degree is a first-degree crime, the attempt is graded as a second-degree crime.
Our Experience in Sex Crime Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high stakes and legal challenges of defending against an attempted rape in the second degree charge. Our approach is direct and focused on the specific facts and legal flaws in the prosecution’s case.
Building a Defense for an Incomplete Offense
An incomplete offense defense lawyer in Somerset County focuses on the legal definition of an “attempt.” The gap between preparation and a substantial step is often the most defensible part of the case. We examine whether the prosecution can prove you had the unequivocal intent to complete the crime and took actions that strongly corroborated that intent beyond mere planning. Challenging the evidence on these precise legal points is a cornerstone of our defense strategy. Our team, including seasoned attorneys like Mr. Sris, works to protect your rights from the initial investigation through trial.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Somerset County Sex Crime Defense Lawyers
Our New Jersey location serves clients at Somerset County courts. We represent individuals in communities like Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, Warren Township, Watchung, Bernardsville, and Bedminster.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.
Frequently Asked Questions
What makes an “attempt” different from just thinking about a crime?
It depends. Under New Jersey law, an attempt requires taking a “substantial step” strongly corroborative of the intent to commit the crime. Mere preparation or thinking about it is not enough. The distinction is often a central issue in an attempted rape in the second degree case.
Can an attempted rape charge be reduced or dismissed?
Yes. An experienced attempted rape in the second degree lawyer can seek dismissal by challenging the sufficiency of evidence for the “substantial step” or specific intent. Pre-trial negotiations may also lead to a plea offer for a lesser charge, depending on the case details.
Do I have to register as a sex offender if convicted of an attempt?
Yes, in most cases. A conviction for attempted rape in the second degree in New Jersey typically triggers mandatory registration under Megan’s Law. The duration and tier of registration are determined by the court at sentencing based on a risk assessment.
What should I do if I am under investigation for this charge?
Immediately contact a defense attorney. Do not speak to law enforcement without your lawyer present. An attorney can advise you on your rights, potentially intervene before charges are filed, and begin building your defense strategy as an incomplete offense defense lawyer.
How long does an attempted rape case take in Somerset County?
These cases can take 6 to 18 months or more from arrest to resolution. The timeline includes grand jury indictment, pre-trial motions, discovery review, and potential plea negotiations. If the case goes to trial, the process will be longer.
Related Legal Resources
If you are facing other charges, our firm also handles DUI cases in Somerset County and business law matters. For a broader view of our sex crime defense practice, visit our New Jersey sex crime lawyer hub page. We also assist clients in neighboring areas like Bergen County.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
For the full picture beyond Somerset County, our page on attempted rape in the second degree defense lawyer in Maryland covers the process end to end.
Your case in Somerset County, New Jersey
Sexual-offense charges are heard in the Criminal Part of the Law Division. In Somerset County that is the Superior Court of NJ, Somerset Vicinage (13th Vicinage), 20 North Bridge Street, Somerville, NJ 08876, telephone (908) 231-7000, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is N.J.S.A. 2C:14-2 (aggravated sexual assault) within the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Somerset County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Somerset County NJ lawyers directory · Attempted Rape in the Second Degree Lawyer Bergen County, NJ · Attempted Rape in the Second Degree Lawyer Middlesex County · Attempted Rape in the Second Degree Lawyer Essex County, NJ.