Attempted Rape in the Second Degree Lawyer Mercer County — What Are Your Defense Options?
An attempted rape in the second degree charge in Mercer 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 second-degree sexual assault but did not complete the act. The penalties upon conviction are severe, mirroring those of the completed crime.
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, the underlying crime is defined in N.J.S.A. 2C:14-2, which covers sexual assault involving specific circumstances, such as the use of force or coercion and the victim being under certain age thresholds or incapacitated.
Last verified: April 2026 | Superior Court of NJ, Mercer Vicinage | New Jersey Legislature
Official Legal Resources
For the official statute text, refer to N.J.S.A. 2C:5-1 (official New Jersey Legislature site). For court procedures and forms, visit the Mercer Vicinage of the New Jersey Courts website.
Local Court Process and Defense Strategy in Mercer County
Attempted rape in the second degree cases in Mercer County are prosecuted in the Superior Court, Criminal Division. The prosecution must prove beyond a reasonable doubt that you had the specific intent to commit rape in the second degree and took a substantial step toward completing it. This often involves detailed legal arguments about what constitutes a “substantial step” and whether your intent can be proven. An incomplete offense defense lawyer Mercer County from our firm will scrutinize the evidence for weaknesses, such as lack of intent, misidentification, or insufficient proof of a substantial step.
- Initial Arrest & Complaint: You will be charged via a complaint warrant. Do not speak to investigators without your attorney present.
- First Appearance & Detention Hearing: Under New Jersey’s bail reform, a judge will determine if you are released or detained pending trial at this hearing.
- Pre-Indictment Phase: Your attorney can negotiate with the prosecutor to downgrade or dismiss charges before the case is presented to a grand jury.
- Grand Jury Indictment: The case will go before a grand jury. If indicted, it proceeds in Superior Court.
- Pre-Trial Motions & Discovery: Your lawyer will file motions to suppress evidence and challenge the state’s case while reviewing all discovery.
- Trial or Disposition: The case will proceed to trial or be resolved through a negotiated plea agreement if it is in your best interest.
Potential Penalties for Attempted Rape in the Second Degree in NJ
In Mercer County, a conviction for attempted rape in the second degree carries the same penalties as the completed crime, including 5 to 10 years in New Jersey State Prison and mandatory 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 | N/A | Mandatory Megan’s Law registration (Tier 2 or 3), Parole Supervision for Life, No Early Release Act (NERA) applies (85% served). |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Mercer 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 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 significant consequences of an attempted rape charge. Our approach is direct and focused on building the strongest possible defense by challenging the prosecution’s evidence on intent and the alleged substantial step.
Case Results and Client Advocacy
While specific case results are confidential, our firm has a documented history of achieving favorable outcomes in serious felony cases across New Jersey. Our defense strategies for attempted crimes often focus on demonstrating a lack of specific intent or that the alleged actions did not meet the legal threshold of a “substantial step” toward completing the crime. We work tirelessly to protect our clients’ rights from the initial investigation through trial.
Results may vary. Prior results do not guarantee a similar outcome.
Attempted Rape Defense Lawyer Near Mercer County, NJ
Our New Jersey location serves clients throughout Mercer County, including Trenton, Princeton, Hamilton Township, Ewing, Lawrence, West Windsor, East Windsor, Hopewell, Robbinsville, and Hightstown. We are accessible via I-95, Route 1, and the NJ Turnpike.
Available 24/7 for phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
FAQs: Attempted Rape in the Second Degree Charges in NJ
Is attempted rape in the second degree a felony in New Jersey?
Yes. Attempted rape in the second degree is classified as a second-degree crime in New Jersey, which is equivalent to a felony. A conviction carries a prison sentence of 5 to 10 years and requires registration as a sex offender.
What does “substantial step” mean in an attempt case?
It depends on the circumstances. A “substantial step” is conduct that is strongly corroborative of the actor’s criminal purpose. It must be more than mere preparation. For an attempted crime defense lawyer Mercer County, arguing that the alleged actions did not cross this legal threshold is a common and critical defense strategy.
Can an attempted rape charge be reduced or dismissed?
It depends. Yes, charges can be reduced or dismissed through pre-indictment negotiations, successful pre-trial motions, or at trial. The strength of the evidence, especially regarding intent and the substantial step, will heavily influence the possibility of a favorable reduction or dismissal.
What should I do if I am under investigation for this charge?
Do not speak to law enforcement without an attorney. Immediately contact an attempted rape in the second degree lawyer Mercer County. Exercise your right to remain silent. Anything you say can be used to establish intent, which is a core element the prosecution must prove in an attempt case.
How long does a case like this take to resolve?
It depends on the the issues involved. A case in Superior Court can take 12 to 24 months or longer to reach trial or a final disposition. The timeline is affected by pre-trial motions, discovery, and court scheduling. An experienced incomplete offense defense lawyer Mercer County can work to resolve the case efficiently while protecting your rights.
Related Practice Areas in Mercer County: If you are facing other serious charges, our firm also provides defense for federal crimes, DUI, and business law matters.
Other Locations We Serve: Our New Jersey defense attorneys also assist clients in Atlantic County, Bergen County, and Burlington County.
Last verified: April 2026. Laws and procedures change. For the most current advice regarding an attempted rape in the second degree charge, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Your case in Mercer County, New Jersey
Sexual-offense charges are heard in the Criminal Part of the Law Division. In Mercer County that is the Superior Court of NJ, Mercer Vicinage (7th Vicinage), 175 South Broad Street, Trenton, NJ 08650, telephone (609) 571-4200, 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 Mercer 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: Mercer 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.