Bergen County Attempted Rape in the Second Degree Lawyer — What Are Your Defense Options?
An attempted rape in the second degree charge in Bergen County is a serious incomplete offense under N.J.S.A. 2C:5-1 and 2C:14-2. This charge alleges you took a substantial step toward committing a sexual assault but did not complete the act. A conviction can still lead to severe penalties, including state prison time and Megan’s Law registration.
Statutory Definition of Attempted Rape in the Second Degree in New Jersey
In New Jersey, an attempted crime is defined under N.J.S.A. 2C:5-1. A person is guilty of an attempt to commit a crime 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 in a course of conduct planned to culminate in the commission of the crime. For an attempted rape in the second degree charge, the underlying crime is defined in N.J.S.A. 2C:14-2. The prosecution must prove beyond a reasonable doubt that you had the specific intent to commit sexual penetration and that you took a substantial step toward completing that act, but for some reason, did not finish it.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
Official Legal Resources
- N.J.S.A. 2C:5-1 (official New Jersey statute on attempt)
- Bergen County Superior Court website
Defending an Incomplete Offense in Bergen County Court
Defending an attempted charge requires a different strategy than defending a completed act. The prosecution’s case hinges on proving your intent and the substantial nature of your actions. In the Bergen County Superior Court, an attempted rape in the second degree lawyer Bergen County from our firm will scrutinize the evidence for weaknesses. Common defenses include arguing that your actions did not constitute a “substantial step,” that you lacked the requisite intent to commit sexual penetration, or that you voluntarily abandoned the attempt. The facts surrounding the alleged attempt are critical.
- Initial Arrest & Complaint: You will be charged via a complaint. Do not discuss the case with anyone except your attorney.
- First Appearance & Detention Hearing: Under NJ bail reform, the court will determine if you are released or detained pending trial at a hearing within 48 hours.
- Pre-Indictment Phase: The Bergen County Prosecutor’s Office reviews the case. Your attorney can present mitigating facts or legal arguments to seek a dismissal or reduction before indictment.
- Grand Jury Indictment: If the case proceeds, a grand jury will decide if there is probable cause to indict you on the attempted charge.
- Pre-Trial Motions & Discovery: Your attorney will file motions to suppress evidence or dismiss charges and review all discovery from the prosecution.
- Trial or Plea Negotiation: The case will either go to trial before a jury or be resolved through a negotiated plea agreement based on the strength of the defense.
Potential Penalties for Attempted Rape in the Second Degree in NJ
In Bergen County, an attempted rape in the second degree is a crime of the second degree, carrying 5 to 10 years in New Jersey State Prison, and requires registration under Megan’s Law.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Attempted Rape in the 2nd Degree | Crime of the 2nd Degree | 5–10 years NJ State Prison | Up to $150,000 | None | Megan’s Law registration (likely Tier 2 or 3), Parole Supervision for Life (PSL), No Early Release Act (NERA) may apply, restraining order. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Bergen County 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 serious criminal defenses like attempted sex crimes. Our approach is grounded in a deep understanding of New Jersey’s attempt statutes and the specific procedures of the Bergen County Superior Court. We build defenses that challenge the core of the prosecution’s case—intent and action.
Case Results & Client Advocacy
While specific results are confidential, our firm has a documented record of achieving favorable outcomes in serious criminal cases across New Jersey. For an attempted crime defense lawyer Bergen County, the goal is often to secure a dismissal of charges, a reduction to a lesser offense, or an acquittal at trial by creating reasonable doubt about the defendant’s intent or actions. We meticulously prepare every case with this objective in mind.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Bergen County Attempted Rape Defense Lawyers
Our New Jersey location serves clients facing charges at the Bergen County Courthouse in Hackensack and throughout the region. We are an attempted rape in the second degree lawyer Bergen County near you, accessible via I-80, the NJ Turnpike, and Route 17. We serve clients in Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, and surrounding communities.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (609)-983-0003 — meetings by appointment only.
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.
Frequently Asked Questions: Attempted Rape Charges in NJ
What makes an act an “attempt” under New Jersey law?
It depends. Under N.J.S.A. 2C:5-1, you must have purposely taken a “substantial step” toward committing the crime. Mere preparation is not enough; the step must be strongly corroborative of your criminal intent. An incomplete offense defense lawyer Bergen County argues whether the alleged actions meet this high legal standard.
Can attempted rape charges be dropped if the alleged victim changes their story?
Yes, but it is not automatic. A recantation can severely weaken the prosecution’s case, but the state may still proceed with other evidence like police reports or witness statements. Your attorney can use the recantation to file a motion to dismiss or use it in plea negotiations.
Do I have to register as a sex offender if convicted of an attempt?
Yes. A conviction for attempted rape in the second degree in New Jersey triggers mandatory registration under Megan’s Law. The tier level (2 or 3) determines the duration and public notification requirements, which an attempted crime defense lawyer Bergen County can explain in detail.
What is the difference between “attempt” and “conspiracy”?
Attempt involves an individual taking a substantial step toward a crime. Conspiracy involves an agreement between two or more people to commit a crime, plus an overt act in furtherance of that agreement. You can be charged with both for the same alleged plan.
Is voluntary abandonment a defense to an attempt charge?
Yes. New Jersey law allows for a defense if you voluntarily and completely abandoned your criminal purpose before the crime was completed. This requires proof that the abandonment was voluntary, not due to increased difficulty or fear of detection.
Related Practice Areas in Bergen County: Sex Crimes Lawyer Bergen County | Criminal Defense Lawyer Bergen County | Federal Criminal Lawyer Bergen County
Other Locations: Attempted Rape Lawyer Essex County | Attempted Rape Lawyer Hudson County
State Overview: New Jersey Sex Crimes Lawyer
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
Your case in Bergen County, New Jersey
Sexual-offense charges are heard in the Criminal Part of the Law Division. In Bergen County that is the Superior Court of NJ, Bergen Vicinage (2nd Vicinage), 10 Main Street, Hackensack, NJ 07601, telephone (201) 527-2700, 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 Bergen 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: Bergen County NJ lawyers directory · Attempted Rape in the Second Degree Lawyer Middlesex County · Attempted Rape in the Second Degree Lawyer Essex County, NJ · Attempted Rape in the Second Degree Lawyer Hudson County, NJ.