Burlington County Attempted Rape in the Second Degree Lawyer — What Are Your Defense Options?
An attempted rape in the second degree charge in Burlington County is a serious incomplete offense under N.J.S.A. 2C:5-1 and 2C:14-2, prosecuted in the Superior Court. This charge involves taking a substantial step toward committing second-degree rape, carrying severe penalties. If you are facing this accusation, you need an experienced attempted rape in the second degree lawyer.
Understanding 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 if, acting with the purpose of committing a specific crime, they take a substantial step toward its commission. For attempted rape in the second degree, the underlying crime is defined in N.J.S.A. 2C:14-2. This means the prosecution must prove you had the intent to commit second-degree rape and performed an action that strongly corroborated that intent.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
Official Legal Resources
For the official statute on attempts, see N.J.S.A. 2C:5-1 (official New Jersey Legislature site). For court procedures and information, visit the Burlington Vicinage Superior Court website.
The Local Court Process for an Incomplete Offense in Burlington County
Attempted rape in the second degree cases in Burlington County are heard in the Criminal Division of the Superior Court in Mount Holly. These are felony-level charges. The prosecution must prove both the specific intent to commit rape and the substantial step taken. An attempted crime defense lawyer Burlington County will scrutinize the evidence for weaknesses in proving intent or the alleged action.
- Arraignment & Plea: You will be formally charged and enter a plea of not guilty in Superior Court.
- Pre-Trial Motions: Your lawyer will file motions to suppress evidence or dismiss charges if the state’s case is weak on proving a “substantial step.”
- Discovery & Investigation: The defense will obtain all evidence and conduct an independent investigation to challenge the prosecution’s narrative.
- Plea Negotiations: Your attorney will negotiate with the prosecutor, potentially seeking a reduction to a lesser charge or favorable plea terms.
- Trial: If no agreement is reached, your case will proceed to a jury trial where the state must prove guilt beyond a reasonable doubt.
- Sentencing: If convicted, sentencing will be imposed by a Superior Court judge based on statutory guidelines.
Potential Penalties for Attempted Rape in the Second Degree
In Burlington County, a conviction for attempted rape in the second degree carries penalties nearly as severe as the completed crime, including significant prison time and lifelong registration as a sex offender.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Attempted Rape in the 2nd Degree | Crime of the 2nd Degree (Attempt) | 5-10 years in New Jersey State Prison | Up to $150,000 | Mandatory Megan’s Law registration (Tier 2 or 3), Parole Supervision for Life (PSL), No Early Release Act (NERA) may apply (85% served). |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to your case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand that an attempted rape charge can upend your life, and we build defenses focused on the specific intent and act required for an incomplete offense.
Our Approach to Your Case
We begin by attacking the core of an attempted charge: the evidence of intent and the substantial step. An incomplete offense defense lawyer Burlington County from our team will work to show that your actions did not meet the high legal threshold for an attempt. We examine police reports, witness statements, and forensic evidence for inconsistencies and constitutional violations. Our goal is to secure a dismissal or reduction of charges before trial, but we are fully prepared to defend you in court.
Contact Our Burlington County Sex Crimes Defense Lawyers
Our New Jersey location serves clients at the Burlington County Superior Court in Mount Holly. We represent individuals in Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, and surrounding communities.
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What makes an act a “substantial step” for attempted rape?
It depends. New Jersey law requires an action that strongly corroborates the intent to commit rape, going beyond mere preparation. Examples could include physical confrontation, removal of clothing, or confinement. An attempted rape in the second degree lawyer will argue the act was ambiguous or did not reach this threshold.
Can an attempted charge be reduced or dismissed?
Yes. An attempted crime defense lawyer Burlington County can seek dismissal if the evidence of intent is weak or the alleged act is insufficient. Charges may be reduced through negotiation if the defense uncovers flaws in the prosecution’s case or mitigating factors.
Do I have to register as a sex offender if convicted of attempt?
Yes. A conviction for attempted rape in the second degree triggers mandatory registration under Megan’s Law in New Jersey. The tier and reporting requirements are severe and lifelong, making a strong defense led by an experienced lawyer critical.
What is the difference between attempted rape and assault?
The key difference is intent. Assault may involve a sexual touching without the specific intent to commit rape. Attempted rape requires proof of that specific intent to engage in sexual penetration, plus a substantial step toward it. Defending against this requires an incomplete offense defense lawyer Burlington County skilled in dissecting intent evidence.
How long will my case take?
Superior Court cases are demanding. A clear case with a plea may resolve in several months. A case that goes through full discovery, motions, and trial can take a year or more. Your lawyer will provide a timeline based on the specifics of your attempted rape in the second degree charges.
Related Legal Information
If you are facing other serious charges, our firm also provides defense for federal crimes in Burlington County and DUI charges in Burlington County. For a broader view of our practice, see our New Jersey criminal defense hub page.
Last verified: April 2026. Laws and procedures can change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current legal guidance regarding your attempted rape in the second degree case.
Your case in Burlington County, New Jersey
Sexual-offense charges are heard in the Criminal Part of the Law Division. In Burlington County that is the Superior Court of NJ, Burlington Vicinage (8th Vicinage), 49 Rancocas Road, Mount Holly, NJ 08060, telephone (609) 518-2500, 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 Burlington 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: Burlington 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.