In a case where the charges are aggravated assault, assault, & child endangerment and the defendant is offered 10 years

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Customer: In a case where the charges are aggravated sexual assault, sexual assault, & child endangerment and the defendant is offered 10 years for 1st degree sexual assault what would be a good counter offer?

Answered by KellenC46 in 4 mins 1 year ago

KellenC46

10+ years of experience

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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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KellenC46

8070 Satisfied customers

10+ years of experience

KellenC46

10+ years of experience

8070 Satisfied customers

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KellenC46, Expert

Hello my name is*****’m an attorney and I’m happy to help you. Give me one moment while I review your question. No attorney client privilege is created by our conversation. If I do not respond right away, do not worry and I will follow up and be in touch with you.

KellenC46, Expert

Does the defendant have a prior criminal history, or is this the first time they have been charged with a crime?

Customer

No criminal history and yes first time being charged with a crime.

KellenC46, Expert

Which state is this in?

Customer

New Jersey

KellenC46, Expert

In New Jersey, the maximum prison sentence for first degree sexual assault is 20 years. So an offer of 10 years is meeting right in the middle, but since this is a first time offender, I think it makes a lot of sense to make a counteroffer of 3 years, and hope the prosecutor / district attorney will either accept that or be willing to take a 5 year prison sentence.

Customer

My husband has already been incarcerated for a 1 year so if the prosecutor accepted the 3 year deal and they apply jail credits would he be expected to serve the remaining two years?

KellenC46, Expert

Yes, that is correct. The 1 year he has been incarcerated would count as credit for time served and would come off his final sentence.

Customer

Is it possible to make an offer that wouldn't result in prison time?

KellenC46, Expert

you certainly could but for this type of charge a sentence without prison time isn’t realistic.

Customer

My husband was incarcerated 2 others who had similar charges they spent a year and a half both were given time served psl & megan's law one of them even admitted to their crimes.

KellenC46, Expert

Ok, if that is the case then it is possible that he could get credit for time served but that is going to take the district attorney / prosecutor to agree, and the judge to agree. Who is the victim in this case? A family member or stranger?

Customer

It's a family member his oldest daughter alleged that he assaulted her on a nightly basis for 3 years and they are basing that on 3 inconsistent statements she made.

KellenC46, Expert

Does the victim want to continue to press the charges and does she want to see him serve prison time? The reason that I ask is that in crimes involving a victim, the prosecutor or district attorney will consult with the victim before offering a plea deal and this may impact or could help how good of offer the your husband receives. Also, it might be hard to get the favorable plea agreement you are seeking if the abuse really did occur continuously on a nightly basis for three years. Those are bad facts that a judge and prosecutor will rely on in determining an appropriate plea bargain.

Customer

We're not sure her grandmother senses that she wants to tell the truth but fears getting in trouble for lying. Also the way she gave her statements is an indication that her allegations were fabricated. The prosecutor is also utilizing jail call transcripts where he says my husband made several incriminating statements but in reality my husband fabricated what he said on jail call in order to expose her lies. Which he succeeded because the alleged victim gave a statement about what he said after she was asked about it by the investigator. Her first statement was given 8/16/20 to which she claims that the last assault occurred in 2019 when the family lived in Mississippi, her second statement was given 8/26/20 to which she claims that she believed that something occurred after the family returned to New Jersey because she was asleep and when she woke up she felt weird in her vaginal area. The prosecutor produced transcripts of jail call conversation between my husband and I which he speaks of an incident which occurred in a hotel. Mind you this is the first time my husband has ever gone through something like this so when he was first arrested he was warned to be careful what he said over the jail phones because it could be used against him so he used them to his advantage and made up the hotel incident in order to prove that she's lying. So in May 2021 after the prosecutor got a subpoena for the jail calls the investigator for his office spoke to the alleged victim and she gave a statement about what allegedly occurred in the hotel and the date she gave was 8/7/20-8/9/20. The state wants to use the transcripts as evidence because they feel there was an admission but the alleged victim made no mention in any of her statements about and waited an entire year before saying anything and only after she was asked.

KellenC46, Expert

I understand. Is there anything else I can help you with? I do think your husband has a possibility of a favorable plea deal, but it really comes down to the judge and prosecutor.

KellenC46, Expert

Thanks for using Just Answer. I am glad I could help. Please consider using our services again in the future. You can reach me directly by my username: Kellenc46.

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