New Jersey Attempted Sexual Offense In The Second Degree Lawyer — What Are Your Defense Options?
An attempted sexual offense in the second degree in New Jersey is a serious felony under N.J. Stat. § 2C:14-2, involving an incomplete act of sexual contact or penetration with a victim under 13 or by force. A conviction can mean 5-10 years in prison, Megan’s Law registration, and parole supervision for life.
Understanding the Charge: Attempted Sexual Offense in the Second Degree
In New Jersey, an attempted sexual offense in the second degree is defined under N.J. Stat. § 2C:5-1 (attempt) and N.J. Stat. § 2C:14-2 (sexual assault). The law punishes not only completed acts but also substantial steps taken toward committing the crime. For a sex crime attorney to prove attempt, the prosecution must show you had the intent to commit sexual assault in the second degree and took a concrete action toward that goal. This could include planning, solicitation, or an overt act that goes beyond mere preparation.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Official Legal Resources
For the official text of the attempt statute, see N.J. Stat. § 2C:5-1 (official New Jersey Legislature). The underlying sexual assault statute is detailed at N.J. Stat. § 2C:14-2 (official New Jersey Legislature). Understanding these laws is critical for your defense.
Local Court Procedures and Defense Strategy
These cases are heard in the New Jersey Superior Court, Criminal Division. The prosecution’s strategy often relies heavily on witness testimony and forensic evidence, even for an attempt. A skilled sexual offense defense lawyer must immediately challenge the evidence of intent and the alleged “substantial step.” Early intervention can lead to a reduction or dismissal before a formal indictment.
- Arraignment: You will be formally charged and enter a plea of not guilty.
- Discovery & Pre-Trial Motions: Your lawyer will obtain all evidence and may file motions to suppress evidence or dismiss charges.
- Plea Negotiations: Your attorney will negotiate with the prosecutor, potentially for a lesser charge or favorable plea agreement.
- Trial: If no agreement is reached, your case proceeds to a jury trial where the state must prove every element.
- Sentencing: If convicted, sentencing follows, where your lawyer will argue for the minimum penalties.
Potential Penalties for a Conviction
In New Jersey, an attempted sexual offense in the second degree is a crime of the second degree, carrying severe penalties that can permanently alter your life.
| Offense | Classification | Incarceration | Fine | Registration | Additional Consequences |
|---|---|---|---|---|---|
| Attempted Sexual Offense 2nd Degree | Crime of the 2nd Degree | 5 to 10 years in state prison | Up to $150,000 | Megan’s Law Registration (Tier 2 or 3) | Parole Supervision for Life, No Contact Orders, Loss of Professional Licenses |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Sex Crime Defense
Founded in 1997 by a former prosecutor, Law Offices Of SRIS, P.C. brings a unique perspective to sex crime defense. Our firm has over 120 years of combined legal experience. We understand the immense pressure and high stakes of these charges. Our approach is direct and strategic, focusing on the specific facts of your case to protect your rights and future.
Documented Case Results in Sex Crime Defense
Our firm has a documented record of handling sensitive criminal cases. While every case is unique, our strategic approach aims for the best possible outcome. We have secured dismissals, not guilty verdicts, and charge reductions for clients facing serious allegations.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for New Jersey Residents
Law Offices Of SRIS, P.C.
100 Century Parkway, Suite 305
Mt Laurel Township, NJ 08054
Toll-Free: (888) 437-7747 | Local: (856) 334-1097
By appointment only.
Our New Jersey location is centrally positioned to serve clients across the state. We are a dedicated sex crime defense lawyer resource for communities throughout New Jersey. We offer 24/7 phone consultations at (888) 437-7747. All meetings are by appointment only to ensure we give your case the focused attention it requires.
Frequently Asked Questions (FAQ)
Is attempted sexual assault the same as a completed offense?
No. An attempt charge means the act was not completed. However, the penalties are often nearly as severe as for the completed crime, because the law punishes the intent and substantial step taken.
What does “substantial step” mean in an attempt case?
It depends on the facts. A “substantial step” is conduct that strongly corroborates the defendant’s criminal intent and goes beyond mere preparation. Examples could include traveling to a planned meeting, possessing specific items for the crime, or direct solicitation. A sex charges lawyer will fight to show your actions did not meet this high legal standard.
Can an attempted charge be expunged in New Jersey?
It depends. Most indictable crimes (felonies) like a second-degree sexual offense attempt are generally not eligible for expungement in New Jersey. There are very limited exceptions, such as after a lengthy waiting period under certain programs. You need a lawyer to review your specific situation.
What are the main defenses to an attempt charge?
Common defenses include lack of intent, mistaken identity, false accusation, alibi, and that the actions did not constitute a “substantial step.” An experienced New Jersey attempted sexual offense in the second degree lawyer will investigate all avenues, including the accuser’s credibility and the chain of evidence.
Why do I need a lawyer who specializes in sex crimes?
Sex crime cases involve complex laws, severe penalties, and intense social stigma. A specialized sex crime defense attorney understands the nuances of the statutes, the forensic evidence, and the strategies used by prosecutors. This specific knowledge is critical for building an effective defense from the start.
Related Legal Help: If you are facing other serious charges, our firm also provides defense for sexual assault in New Jersey and general criminal defense in New Jersey. For an overview of our sex crime practice, visit our New Jersey sex crimes lawyer hub page.
Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific case.