Rape in the Second Degree Lawyer in Burlington County, NJ — What Is Your Defense?
A charge of rape in the second degree in Burlington County is a first-degree crime under N.J.S.A. 2C:14-2, punishable by 10 to 20 years in New Jersey State Prison. Law Offices Of SRIS, P.C. provides a focused defense for these serious allegations. Our firm, founded in 1997, has over 120 years of combined legal experience. We offer 24/7 phone consultations at (888) 437-7747.
Understanding Rape in the Second Degree Charges in New Jersey
In New Jersey, rape in the second degree is defined under N.J.S.A. 2C:14-2. This statute classifies sexual assault as a crime of the first degree, which is the most serious category under state law. The law specifically addresses sexual penetration where the victim is at least 13 but less than 16 years old and the actor is at least four years older, or where the act is committed during the commission of another crime like robbery or kidnapping. A conviction carries a mandatory sentence under the No Early Release Act (NERA), requiring the defendant to serve 85% of the imposed sentence before parole eligibility.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
Official Legal Resources
For the official statute, refer to N.J.S.A. 2C:14-2 (official New Jersey Legislature site). For local court procedures, visit the Burlington Vicinage website.
handling a Rape in the Second Degree Case in Burlington County Court
Cases for rape in the second degree are prosecuted in the Criminal Division of the Superior Court in Mount Holly. The Burlington County Prosecutor’s Office handles these cases aggressively, given their severity. The court follows strict procedural timelines, and evidence collection, including forensic analysis and witness interviews, is critical from the outset.
- Initial Arraignment: You will be formally charged and advised of your rights in Superior Court. Bail conditions are set.
- Pre-Indictment Phase: Your attorney can engage with the prosecutor to present mitigating factors before a formal indictment is issued by the grand jury.
- Discovery & Investigation: The defense reviews all evidence, including police reports, medical records, and witness statements, and conducts an independent investigation.
- Pre-Trial Motions: Your lawyer may file motions to suppress evidence or dismiss charges based on procedural errors or constitutional violations.
- Plea Negotiations or Trial: Based on the evidence, your attorney will advise on whether to negotiate a plea or proceed to a jury trial in Mount Holly.
- Sentencing: If convicted, sentencing arguments focus on minimizing the mandatory NERA term and advocating for concurrent rather than consecutive sentences.
Potential Penalties for Rape in the Second Degree in NJ
In Burlington County, a conviction for rape in the second degree as a first-degree crime carries a mandatory state prison sentence of 10 to 20 years, with 85% to be served before parole eligibility under NERA.
| Offense | Classification | Incarceration | Fine | Other Consequences |
|---|---|---|---|---|
| Rape in the Second Degree (N.J.S.A. 2C:14-2) | First-Degree Crime | 10-20 years (NERA applies) | Up to $200,000 | Megan’s Law registration (Tier 2 or 3), Parole Supervision for Life, No contact orders. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings a combined 120+ years of legal experience to every case. We understand the high stakes of a rape in the second degree charge and develop a defense strategy focused on the specific facts and evidence of your case. Our approach is direct and case-specific.
Our Approach to Your Case
We begin by conducting a thorough investigation, challenging the prosecution’s evidence, and exploring all procedural defenses. For a rape in the second degree charge, a potential rape charge defense strategy lawyer Burlington County might employ includes challenging the victim’s capacity to consent, the reliability of identification, or the legality of evidence collection. Our attorney, Mr. Sris, leverages his experience to identify weaknesses in the state’s case.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-3900
By appointment only.
Our New Jersey location serves clients at Burlington County courts. We are accessible via the NJ Turnpike and I-295. As a rape in the second degree lawyer Burlington County, we represent individuals in Mount Holly, Mount Laurel, Moorestown, Burlington City, and surrounding communities. 24/7 phone consultations are available at (888) 437-7747 — meetings are by appointment only.
Frequently Asked Questions
What is the difference between first and second-degree rape in New Jersey?
New Jersey law uses the term “sexual assault,” not “rape.” What is commonly called rape in the second degree is a first-degree crime under N.J.S.A. 2C:14-2, involving specific age differentials or commission during another crime. “First-degree” refers to the severity level of the crime, not a separate charge.
Is parole possible with a NERA sentence?
Yes, but only after serving 85% of the imposed sentence. For a 10-year sentence, you must serve 8.5 years before parole eligibility. This is a mandatory minimum.
Can a rape in the second degree charge be reduced?
It depends. In some cases, a skilled sexual assault defense lawyer Burlington County may negotiate a reduction to a lesser offense, such as aggravated criminal sexual contact (a third-degree crime), based on weaknesses in the evidence or mitigating circumstances. This avoids the mandatory NERA prison term.
What are the long-term consequences of a conviction?
Beyond prison, consequences include mandatory registration under Megan’s Law, Parole Supervision for Life, significant fines, and a permanent criminal record that affects housing, employment, and civil rights.
Why do I need a lawyer familiar with Burlington County?
A local lawyer understands the tendencies of the Burlington County Prosecutor’s Office and the judges in the Mount Holly Superior Court. This insight is important for developing an effective rape charge defense strategy lawyer Burlington County can rely on for case planning and negotiation.
If you are facing charges for rape in the second degree in Burlington County, contact a rape in the second degree lawyer Burlington County at Law Offices Of SRIS, P.C. immediately at (888) 437-7747 for a 24/7 consultation.
Useful Links: New Jersey Criminal Defense Lawyer | Camden County Criminal Defense Lawyer | Burlington County Sexual Assault Lawyer
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. for current guidance.
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 · Rape in the Second Degree Lawyer Bergen County, NJ · Rape in the Second Degree Lawyer Middlesex County, NJ · Rape in the Second Degree Attorney Essex County, NJ.