Middlesex County sex offender not entitled to new trial on Megan’s Law address registration violation

Following his conviction in 2010 for failing to verify his address and failing to register a change of address as required by Megan’s Law, a Middlesex County sex offender was deemed ineligible for a new trial last month. State v. Harcher, No. A-4841-11T4 (Oct. 1, 2013).

 

The defendant was convicted for child endangerment in 1994 and was sentenced to jail time as well as lifetime supervision under Megan’s Law. Upon his release from prison he was advised of the sex offender address registration requirements that applied under Megan’s Law and he provided his mother’s address as his residence. When he subsequently failed to verify this address, however, the police went to the property and discovered that his mother had moved away. He was then charged with failing to verify his address and failing to notify police of a change in address.

 

Before seeking a new trial, the defendant had appealed his conviction on the ground that there was insufficient proof, but the jury and the court disagreed. The defendant then commenced this litigation, claiming that he had ineffective legal counsel. His first argument was that his attorney failed to adequately investigate the existence of an unnamed police officer who allegedly told him that he did not have to register. This claim, the court found, was completely uncorroborated, and his attorney’s failure to find the mystery police officer provided no basis for a new trial. The defendant also contended that his attorney “coerced” him not to testify, but the court concluded that it was more “advice” than “coercion” and that it did not amount to inadequate legal performance.

 

For more information about defending sex offender registration violations in Middlesex County, contact me, Anthony N. Palumbo, Esq., at 908-337-7353 for a free consultation.

Union County man arrested for child sexual abuse

As NJ.com reports, a man trying to flee the country was recently arrested in Union County and charged with sexually abusing two young children. Officials have learned the first names of two additional victims and are currently trying to identify them.

 

Under the New Jersey Code of Criminal Justice, committing an act of sexual penetration with a victim who is less than 13 years old is classified as first degree aggravated sexual assault and is punishable by 10 to 20 years in prison. Committing other types of sexual contact with a victim under 13 years old can be separately charged as a second degree sexual assault, which carries penalties of 5 to 10 years in prison. Charges for endangering the welfare of a child are also common in child sex abuse cases.

 

In addition to these penalties, convicted child sex offenders must also register as sex offenders under New Jersey’s Megan’s Law. This can be one of the most difficult parts of a child sex abuse case because registration is very public and can continue after prison or even permanently, severely damaging offenders’ reputations and making it difficult for them to obtain housing and employment.

 

If you’ve been charged with child sexual abuse in Union County or anywhere else in New Jersey, you need a knowledgeable and skilled sex crimes defense attorney who will fight to have your charges dismissed or downgraded. Being accused of a child sex crime can have serious consequences, and even if you’re innocent, the mere accusation can cost you your professional and personal reputation. If you need assistance in defending yourself against sexual assault charges, contact me, Anthony N. Palumbo, New Jersey Criminal Defense Attorney, through the email form on my website or at 1-866-664-8118 for a free and confidential consultation.

 

More information about crimes against children on my website:

  • Endangering the Welfare of Children
  • Child Pornography
  • Child Pornography Charges
  • Child Molestation
  • Child Molestation by Family Members or Friends
  • Child Sexual Assault

 

Monmouth County man sentenced to 15 years for luring and child endangerment convictions

A Monmouth County man who was convicted of luring a teenage girl into his home and having inappropriate sexual contact with her was sentenced to 15 years in prison, the Asbury Park Press reports. Although the most serious charge carried a 5 to 10 year sentence, the judge imposed an extended term based on the offender’s prior criminal record.

 

A person commits the crime of second degree luring if he attempts to lure or entice a child under the age of 18 into a motor vehicle, structure, or isolated area, or to meet or appear at any other place, with a purpose to commit a criminal offense against the child. A conviction for second degree luring carries a penalty of 5 to 10 years in prison.

 

The offense of endangering the welfare of a child applies when an actor engages in a prohibited sexual act with a child who is less than 16 years old. “Prohibited sexual acts” include not just sexual penetration, but also bestiality, sadism, masochism, oral sex, and the possession, creation, or distribution of child pornography. The severity of child endangerment charges varies depending on the underlying offense, ranging from fourth degree criminal charges for viewing or possessing child pornography to first degree criminal charges for parents who photograph or film their children engaging in prohibited sexual acts.

 

In addition to these penalties, a person convicted of luring and child endangerment may also be required to register as a sex offender under New Jersey’s Megan’s Law.

 

If you’ve been charged with a child sex crime in Monmouth County or anywhere else in New Jersey, you need an experienced defense lawyer who will press every legal advantage and fight for your rights throughout the judicial process. I am Anthony N. Palumbo, New Jersey Criminal Defense Attorney, and to learn what I can do to help in your case, contact me online or at 1-866-664-8118 for a free and confidential consultation.

 

Middlesex County karate instructor sentenced to three years in prison for sex assaults

According to NorthJersey.com, a former New Brunswick High School karate teacher was sentenced to 3 years in prison after pleading guilty to one count of sexual assault and one count of criminal sexual contact. Both offenses involved 16 year old girls, and in addition to the prison sentence, the karate instructor will be required to register as a sex offender under Megan’s Law.

It’s considered second degree sexual assault for a person to commit an act of sexual penetration with a victim who is at least 16 but less than 18 years old when the actor has some supervisory or disciplinary power over the victim. Such an offense can also be charged as second degree criminal sexual contact.

Although the sentence for a second degree crime usually ranges from 5 to 10 years in prison, the term of incarceration can be reduced, as in this case, for first-time offenders if the prosecutor and the sentencing court agree that doing so would serve the interests of justice.

Being accused of sexual assault can have serious consequences, and even if you’re innocent, the mere accusation can cost you your professional and personal reputation. If you need assistance in defending yourself against sex crimes charges in Middlesex County or anywhere else in New Jersey, contact me, Anthony N. Palumbo, New Jersey Criminal Defense Attorney, through the email form on my website or at 1-866-664-8118 for a free and confidential consultation. As a former prosecutor and public defender with more than 35 years of experience, I know the defenses and tactics that the other side uses and the best strategies for protecting your rights.

 

Newark New Jersey teacher charged with child porn possession and distribution

According to NJ.com, a Newark charter school teacher was arrested for the possession and distribution of child pornography after police found 20 sexually explicit videos at his home. The arrest followed a two-month investigation by the sheriff’s internet crime task force.

 

The penalties for child pornography offenses in New Jersey are severe. Distributing child pornography in any manner, including over the internet, is a second degree crime, subject to a sentence of 5 to 10 years in prison, and the possession of child pornography—or even just knowingly viewing it—is a fourth degree crime subject to a sentence of up to 18 months in jail. It’s considered second degree child endangerment to create child pornography or to knowingly allow a child to engage in the creation of pornographic material, and a conviction carries a penalty of 5 to 10 years in prison. The offense is upgraded to a first degree crime, with an increased sentence of 10 to 20 years, if the offender is the child’s parent or guardian, or has some other legal responsibility for the child.

 

In addition to these penalties, a conviction for internet child pornography will also trigger the sex offender registration and tracking requirements of New Jersey’s Megan’s Law.

 

Prosecutors in New Jersey take an aggressive stance against child pornography offenses, so it’s important for defendants to have strong legal representation of their own. If you’ve been arrested for a child pornography offense, don’t wait until it’s too late to mount an effective legal  challenge in your case. To meet with an internet sex crimes lawyer for a free and confidential consultation, contact me, Anthony N. Palumbo at 1-866-664-8118 or through this online form. As a former prosecutor and public defender with more than 35 years of experience, I know the tricks and tactics that the other side uses and the best strategies for protecting your rights. I will represent your interests aggressively and help to guide you through this difficult process.

 

Police on alert after attempted luring in Springfield

Springfield Patch reports that police have increased patrols following an attempted luring in a residential neighborhood. The incident involved two men in their late teens or early twenties who allegedly pulled their car up to a 9 year old boy and tried to get him to take a ride with them. The boy said no and ran away from the car, and although he wasn’t harmed, police have increased the frequency of patrols in residential areas in both marked and unmarked vehicles.

 

A person commits the crime of second degree luring if he attempts to lure or entice a child under the age of 18 into a motor vehicle, structure, or isolated area, or to meet or appear at any other place, with a purpose to commit a criminal offense (such as sexual assault) against the child. A conviction for second degree luring carries a penalty of 5 to 10 years in prison, and may also trigger sex offender registration requirements under Megan’s Law.

 

If you’ve been charged with luring or any other sex crime in New Jersey, you need a knowledgeable sex crimes defense attorney who will fight to have your charges reduced or dismissed. You can contact me, Anthony N. Palumbo, New Jersey Criminal Defense Attorney, through the email form on my website, or call me at 1-866-664-8118 for a free and confidential consultation.

 

Twenty year jail term for Newark man who attacked two girls and a young woman in Essex County

NJ.com reports that a Newark man was sentenced to 20 years in prison after pleading guilty to luring an 11 year old girl, kidnapping and assaulting a 14 year old girl, and kidnapping and sexually assaulting an 18 year old woman. According to prosecutors, he attempted to kidnap the 11 year old and the 14 year old on the same date, and separately abducted the 18 year old woman and sexually assaulted her while holding a box cutter to her head.

 

A person commits the crime of second degree luring if he attempts to lure or entice a child under the age of 18 into a motor vehicle, structure, or isolated area, or to meet or appear at any other place, with a purpose to commit a criminal offense (such as a sexual assault) with or against the child. A conviction for second degree luring carries a penalty of 5 to 10 years in prison.

 

Kidnapping is a more serious offense, and is committed when a person unlawfully removes another person from her home or business, or a substantial distance from the vicinity where she was taken, or if he unlawfully confines her for a substantial period, when his purpose is:

  • to facilitate the commission of any crime or flight thereafter;
  • to inflict bodily injury on or to terrorize the victim or another person;
  • to interfere with the performance of any governmental function; or
  • to permanently deprive a parent, guardian, or other lawful custodian of custody of the victim.

Kidnapping is usually classified as a first degree crime and is punishable by a term of 15 to 30 years in prison. Certain aggravating factors can result in a longer prison sentence, such as sexually assaulting a child victim during the kidnapping.

 

Sexual assault charges can be brought based on many different kinds of non-consensual sexual penetration, and may be charged as either first or second degree crimes based on the severity of the offense. Second degree sexual assault is upgraded to first degree aggravated sexual assault, however, if the offense is committed during the course of a kidnapping, as in this case. As a first degree crime, aggravated sexual assault is punishable by 10 to 20 years in prison, and a convicted offender also has to register for life as a sex offender under New Jersey’s Megan’s Law.

 

If you’ve been charged with luring, kidnapping, or sexual assault in Essex County or anywhere else in New Jersey, you need a knowledgeable sex crimes defense attorney who can advise you of the penalties you face, possible defenses, and the best course of action to take to avoid or minimize criminal penalties. Contact me, Anthony N. Palumbo, New Jersey Criminal Defense Attorney, through the email form on my website www.palumbo-renaud.com, or call me at 1-866-664-8118 for a free and confidential consultation. As a former prosecutor and current defense lawyer with more than 35 years of experience, I know the best strategies for protecting your rights and I will help to guide you through this difficult process.

Manalapan man indicted on child sex abuse charges

A Monmouth County man was indicted earlier this month on charges of aggravated sexual assault and endangering the welfare of a child. According to a report from Manalapan Patch, the man is accused of committing an act of sexual penetration with a child under the age of 13, as well as engaging in sexual contact with a child for whom he was legally responsible. The alleged crimes occurred in Freehold Township and Englishtown.

 

Child sexual assaults can lead to severe penalties under the New Jersey Code of Criminal Justice. Committing an act of sexual penetration with a victim who is less than 13 years old is classified as first degree aggravated sexual assault and is punishable by 10 to 20 years in prison, and committing an act of sexual contact with a victim under 13 years old can be charged as second degree sexual assault, which carries penalties of 5 to 10 years in prison. Additionally, if the actor engages in sexual conduct with a child under the age of 16 and he has a legal duty to care for the child, as is alleged in this case, he can also be charged with second degree child endangerment, an offense punishable by 5 to 10 years in prison.

 

In addition to these penalties, convicted child sex offenders must also register as sex offenders under New Jersey’s Megan’s Law. This can be one of the most difficult parts of a child sex abuse case because registration is very public and can continue after prison or even permanently, severely damaging offenders’ reputations and making it difficult for them to obtain housing and employment.

 

If you’ve been charged with child sexual assault in Monmouth County or anywhere else in New Jersey, you need a knowledgeable and skilled child abuse defense attorney who will fight to have your charges reduced or dismissed. You can contact me, Anthony N. Palumbo, New Jersey Criminal Defense Attorney, through the email form on my website, or call me at 1-866-664-8118 for a free and confidential consultation. I will represent your interests aggressively and help to guide you through this difficult process, and as a former prosecutor and public defender with more than 35 years of experience, I can give you an honest assessment of the charges you face and the best possible strategies for protecting your rights.

 

Child Pornography Penalties in New Jersey

Ever since the onset of the internet, there has been a tidal wave of child pornography offenses.  The privacy offered by the internet has made it easy for people to quietly view child pornography.  Both federal and state police have made increasing efforts to safeguard children from internet predators and prevent individuals from obtaining child pornography online.  Penalties for possession of child pornography and distribution of child pornography are very stern and often include time spent in jail, heavy fines, and registration as a sex offender for life under New Jersey’s Megan’s Law.

Penalties for possession of child pornography carry up to 18 months in prison and $10,000 in fines.  In order to be convicted of possession of child pornography, you must knowingly possess or look at an image, film or photograph that shows a child in a prohibited sexual act or simulated act, including Internet viewing.  Penalties for distribution are much more serious and carry a prison term of 5 to 10 years plus $250,000 in fines.  In order to be convicted of distribution of child pornography, it must be proved a person received for the purpose of selling or pretty much playing any kind of role in the transmission of a photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction that shows a child engaging in a prohibited sexual act or in the simulation of such an act.

My name is Anthony N. Palumbo, criminal defense lawyer and I have a record for impeccable defense in child pornography cases.  Many attorneys are not willing to take on cases that involve crimes against children, but at the law offices of Palumbo & Renaud, I have more than 35 years of experience aggressively defending and defeating sex crimes charges. If you would like to discuss your charge with attorney who is truly experienced in this area of the law, contact me today for a free and confidential consultation at 1-866-664-8118.

Morris County Man Charged with Criminal Sexual Contact

New Jersey Sex Crime Defense Lawyer – Anthony N. Palumbo

A New Jersey man from Mountain Lakes was arrested and charged with the third-degree crime of criminal sexual contact for his alleged conduct while giving a tennis lesson to a juvenile.  Although the defendant is a member of the tennis club and not an instructor, allegations suggest that he touched a fourteen-year-old girl while instructing her during a tennis lesson.  Criminal sexual contact is a charge that results from an illegal sexual touching that does not go far enough to be considered sexual penetration.  Sexual penetration is an element of the crime of sexual assault which is a second-degree crime.  When there is only touching involved in the illegal sexual act, the charge is third-degree criminal sexual contact.  A second-degree crime in New Jersey carries penalties of five to ten years in prison while a third-degree crime carries penalties of three to five years in prison.  A conviction of a sex crime in New Jersey often results in enrollment under Megan’s Law, New Jersey’s sex offender registration.