Union County man accused of sexually assaulting incapacitated woman

Cyrus Fakroddin, a Summit resident who’s well known for walking his pet goat around New Jersey and Manhattan, is now facing less flattering publicity after being accused of sexually assaulting a physically helpless young woman. According to Union County prosecutors, Fakroddin allegedly encountered the incapacitated woman after she left a Manhattan nightclub and then transported her to his home in Summit and sexually assaulted her.

N.J.S.A. 2C:14-2 states that an actor is guilty of aggravated sexual assault if “the victim is one whom the actor knew or should have known was physically helpless, mentally incapacitated, or had a mental disease or defect which rendered the victim temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent.”

Aggravated sexual assault, which would seem to be the appropriate charge in this case, is classified as a first degree crime and carries penalties of 10 to 20 years in prison. Anyone who is convicted of aggravated sexual assault, moreover, must register as a sex offender for life and comply with the state’s sex offender monitoring, supervision, and reporting requirements. Additionally, under the Sexually Violent Predator Act, anyone who is convicted of aggravated sexual assault can be subject to involuntary civil commitment following completion of their criminal sentence if a court finds that they suffer from a mental abnormality of personality disorder that makes them likely to engage in acts of sexual violence if not confined in a secure facility for control and treatment.

Few other crimes in New Jersey carry such harsh and far-reaching consequences as first degree aggravated sexual assault, making it incredibly important for defendants to be represented by competent and experienced legal counsel. If you’ve been charged with aggravated sexual assault or any other sex crime in New Jersey and need help figuring out what to do next, you can contact me, Anthony N. Palumbo, New Jersey Criminal Defense Lawyer, at 908-337-7353. I will fight aggressively to preserve your right to be treated as innocent until proven guilty beyond a reasonable doubt, and with more than 35 years of experience as a criminal defense lawyer, I know how to get the best results for my clients. Even if you decide not to retain my services, the initial consultation is free and confidential.

 

Sex offender conviction and sentence upheld by New Jersey appeals court

In State v. Rocero, decided in March, the New Jersey Appellate Division upheld the conviction and sentence issued in a Middlesex County child sexual abuse case. The defendant was accused of sexually abusing his girlfriend’s niece. He was found guilty on the charges of second degree sexual assault and second degree child endangerment, resulting in a 7 year sentence with an 85% period of parole ineligibility for the first charge, and a concurrent 7 year sentence for the second charge.

 

On appeal, the defendant first contended that testimony given by one of the victim’s friends was inadmissible and overly prejudicial. In particular, the witness testified that the victim confided to her that she had been abused after learning about sexual abuse in school, and that on a later occasion she complained about the abuse while they were watching a soap opera that depicted similar events. Rejecting the defendant’s arguments, the court found that the testimony was admissible as “fresh complaint evidence” because the victim’s statements were made to someone she would ordinarily turn to for support and because they were spontaneous and voluntary.

 

The defendant’s second argument was that his 7 year sentence was excessive, but the court rejected it as well. As the court explained, the judge properly found as aggravating factors the gravity and seriousness of harm, the risk that he would commit another offense, the defendant’s abuse of a position of trust, and the need to deter others from violating the law. In mitigation, the judge acknowledged the defendant’s lack of a criminal record and the likelihood that he would respond well to probationary treatment. The judge’s consideration of both aggravating and mitigating factors was proper, the court found, and there was no basis for interfering with the sentence.

 

If you need assistance in defending yourself against child sex abuse 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. I will represent your interests aggressively and help to guide you through this difficult process, and with more than 35 years of experience as a prosecutor, public defender, and criminal defense lawyer, I know the tricks and tactics that the other side uses and the best strategies for protecting your rights.

 


Springfield Prostitution Charges

Like sting operations that take place over the internet in which police pose as distributers of child porn or as young children in order to lure offenders into chat rooms, police also conduct sting operations for Union County sex crimes that take place off the internet. For example, over the past weekend, several Springfield police officers posed as customers at a massage parlor that was operating to provide illegal sexual services to its clientele. The upshot of the operation was that three women were charged with prostitution in Union County. In New Jersey, the penalties for prostitution vary based on whether it is an individuals’ first or subsequent offense and whether a minor was involved. A person’s first Springfield prostitution offense is a disorderly persons offense which carries up to $1,000 in fines and six months in jail. A second or subsequent offense is a Fourth Degree Crime which carries up to 18 months in prison and fines. Finally, when a minor is involved, Union County prostitution is a third degree crime which carries 3 to 5 years in prison and fines.

I am Anthony N. Palumbo, Springfield criminal defense lawyer and I defend individuals charged with prostitution & solicitation. The penalties for prostitution are the same irrespective of whether you are the person purchasing the service or rendering it. However, it is important to be aware that in addition to prostitution charges, a person can also be charged with Loitering for the Purposes of Committing Prostitution or Promoting or Facilitating Prostitution between two other parties (pimping). These acts constitute third degree crimes which carry 3 to 5 years in prison. To learn more about prostitution in New Jersey and defenses available to all of these crimes, contact me today for a free and confidential consultation at 1-866-664-8118. You may also visit the prostitution and solicitation penalty and charges information page on my website at www.palumbo-renaud.com

Charged with Aggravated Sexual Assault in Monroe Township

Bail has been set at $250,000 for a Monroe Township man arrested on multiple counts of aggravated sexual assault for his alleged sexual relationship with a 15-year-old girl. The 39-year-old defendant was arrested on Friday after various incidents of sexual penetration were brought to the police’s attention. The investigation is still under way as police try to piece together all the facts in yet another case of aggravated sexual assault in New Jersey. A charge of aggravated sexual assault can carry an additional 15 years in prison when compared to possible penalties for a charge of sexual assault. While both sexual assault and aggravated sexual assault require an act of sexual penetration, aggravated sexual assault will only be charged if the victim is under 13 years old or under 16-years-old and has a special relationship with the accused, for example, a blood relationship, disciplinary or supervisory relationship, or the accused stands in a guardian type position to the victim. My name is Anthony N. Palumbo, New Jersey Sex Crime Attorney and I have defended countless clients against charges of aggravated sexual assault. I always make sure that everything possible is done to protect the rights and reputation of my clients and not just in the courtroom, but in the workplace, living community and within the family home. If you have been charged with aggravated sexual assault in New Jersey, I know that you are going through an indescribable experience. Contact me today at 1-866-664-8118 for a Free and Confidential Consultation where you can discuss your situation with an experienced attorney who has spent over 35 years helping people through these difficult times. For more information about sex crimes in New Jersey visit my website at www.palumbo-renaud.com.

Arrested for Sexual Assault of a Child in New Jersey


A handful of fresh sexual assault charges have arisen over the past week in New Jersey resulting in the arrest of a 61-year-old pastor for allegedly engaging in acts of sexual penetration with an under-aged female on more than one occasion over the past couple of years. The man was charged with two counts of aggravated sexual assault, three counts of sexual assault, and one count of endangering the welfare of a child in New Jersey. Aggravated Sexual Assault is a first degree charge which carries 10 to 20 years in prison. Sexual Assault is a second degree charge which carries 5 to 10 years in prison. And endangering the welfare of a child is a second degree crime if the alleged abuser has a legal duty to care for the child and a third degree crime if there is no legal duty to care for the child. Whether the pastor had a legal duty to care for this child depends on many facts including whether this particular child was under the supervision of the pastor at the church. However, in the interest of the child’s welfare, nothing about her identity, including her age or how the alleged assault was discovered has been revealed.