2C:24-4b Charges Attorney Union County, NJ

Have you been accused or charged under N.J.S.A. 2C:24-4b in Union County, New Jersey? This law addresses endangering the welfare of a child through sexual conduct, and the consequences can be severe and life-altering. You need an experienced legal advocate who understands the complexities of these charges and can fight for your rights.

Brett M. Rosen, Esq., is a leading criminal defense lawyer with a proven track record of success in defending clients against child endangerment charges in Union County. We understand the sensitive nature of these cases and the devastating impact they can have on families. Our team of compassionate attorneys is committed to providing you with the highest quality legal representation, unwavering support, and a comprehensive defense strategy tailored to your unique circumstances.

Understanding N.J.S.A. 2C:24-4b: Endangering the Welfare of a Child Through Sexual Conduct

N.J.S.A. 2C:24-4b is a specific section of New Jersey’s endangering the welfare of a child statute that deals with sexual conduct. This law states that any person who engages in sexual conduct with a minor under 18 years of age, knowing or having reason to know that such conduct would impair or debauch the morals of the child, is guilty of a crime of the second degree.

This statute covers a wide range of sexual offenses against children, including:

• Sexual Assault: This includes any sexual contact or penetration with a child, regardless of whether force or coercion was used.
• Child Pornography: This involves the production, distribution, or possession of child pornography.
• Child Enticement: This refers to luring or enticing a child into sexual activity.
• Sexual Exploitation: This can include using a child for prostitution or other sexually explicit activities.
• Online Solicitation of a Minor: This involves communicating with a minor online for the purpose of engaging in sexual activity.

New Jersey Child Pornography Possession Penalties (N.J.S.A. 2C:24-4b(5)(b))

Important Notes:

• Mandatory Minimums: The mandatory minimum sentences under N.J.S.A. 2C:24-4b(5)(b) apply unless the court finds that imprisonment would be a “serious injustice” considering the defendant’s character and condition.
• Enhanced Penalties: For second or subsequent offenses under these subparagraphs, the defendant must be sentenced to an extended term of imprisonment.
• Definitions: “Item” refers to any photograph, film, video, picture, or computer-generated image depicting the sexual exploitation or abuse of a child. “Possess” includes receiving, viewing, or having control over such items.
• Collateral Consequences: In addition to the legal penalties, a conviction under any of these subparagraphs will have severe social, professional, and personal consequences.

Key Points to Understand:

• Item Counts Matter: The penalties get harsher as the number of images or videos increases.
• First Degree is the Most Severe: A first-degree crime carries the longest potential prison sentence and highest fines.
• Megan’s Law: All three levels require registration as a sex offender under Megan’s Law, which can have severe social and legal consequences.
• Parole Supervision for Life (PSL): While mandatory for first and second-degree offenses, it’s possible but not guaranteed for third-degree.
• Other Consequences: Beyond the legal penalties, a conviction can result in loss of employment, housing difficulties, and severe damage to your reputation.

Important Considerations:

• “Possess” is Broad: Possession isn’t just having physical copies. It can include viewing images online or having them stored electronically.
• Aggravating Factors: The penalties listed above are the potential maximums. Factors like the age of the children depicted, the nature of the acts, or prior convictions can lead to even harsher sentences.
• No Early Release Act (NERA): For first and second-degree offenses, NERA may apply, requiring you to serve 85% of your sentence before parole eligibility.

Seeking Legal Help is Crucial

If you or someone you know is facing charges under N.J.S.A. 2C:24-4b(5)(b), it is essential to seek legal counsel immediately. An experienced criminal defense attorney defending clients accused in child pornography cases can help you understand the charges, navigate the legal process, and build a strong defense to protect your rights and future.

How Brett M. Rosen, Esq., Can Defend You Against N.J.S.A. 2C:24-4b Charges

Facing charges under N.J.S.A. 2C:24-4b is a daunting prospect. It’s crucial to seek legal counsel immediately. Brett M. Rosen, Esq., has extensive experience defending clients against child endangerment charges in Union County. We are committed to providing you with the comprehensive and aggressive representation you need during this difficult time. Our approach includes:

1. Thorough Investigation: We will meticulously review all evidence related to your case, including police reports, witness statements, electronic communications, and any forensic evidence. We will leave no stone unturned in our effort to build the strongest possible defense.

2. Challenging the Prosecution’s Case: We will carefully scrutinize the evidence against you, cross-examine witnesses, and challenge the credibility and reliability of the prosecution’s case. We will look for any inconsistencies, biases, or procedural errors that could weaken their case.

3. Exploring All Potential Defenses: We will tailor a defense strategy to your unique circumstances, exploring all available legal options. This may include defenses such as:

   • False Accusations: We will investigate the possibility that the accusations were made out of malice, revenge, or misunderstanding.
   • Lack of Intent: We may argue that you did not have the intent to impair or debauch the morals of the child.
   • Insufficient Evidence: If the prosecution lacks sufficient evidence to prove the elements of the crime beyond a reasonable doubt, we can argue for dismissal of the charges.
   • Mistaken Age: If you genuinely believed the alleged victim was of legal age, this may be a mitigating defense, depending on the circumstances.
   • Entrapment: If law enforcement induced or coerced you into committing the offense, you may have a defense of entrapment.
   • Constitutional Violations: We will examine the police investigation and legal proceedings for any violations of your constitutional rights, such as illegal search and seizure or lack of Miranda warnings.

4. Negotiating with Prosecutors: We have a proven track record of negotiating with prosecutors to seek reduced charges, alternative sentencing options, or dismissal of the case if possible. We will work tirelessly to achieve the best possible outcome for your case.

5. Providing Skilled Courtroom Representation: If your case goes to trial, we will provide experienced and aggressive representation in Union County Superior Court. We will advocate for your rights, cross-examine witnesses, and present a compelling case in your defense.

Frequently Asked Questions (FAQs)

1. What should I do if I am accused of endangering the welfare of a child under N.J.S.A. 2C:24-4b in Union County, NJ? The most important thing is to remain silent and immediately contact an experienced criminal defense attorney like Brett M. Rosen, Esq. Do not discuss the case with anyone, including law enforcement, without legal counsel present.

2. What are the potential penalties for violating N.J.S.A. 2C:24-4b? The penalties can be severe, including prison time, fines, Megan’s Law registration, parole supervision for life, and other consequences.

3. Can I get a conviction under N.J.S.A. 2C:24-4b expunged from my record? In general, convictions for endangering the welfare of a child are not eligible for expungement in New Jersey.

4. Will a conviction under N.J.S.A. 2C:24-4b affect my employment? Yes, a conviction will likely have a significant impact on your employment prospects, especially in fields that involve working with children or vulnerable populations.

5. What are some of the defenses against charges under N.J.S.A. 2C:24-4b? Possible defenses include false accusations, lack of intent, insufficient evidence, mistaken age, entrapment, and constitutional violations.

6. What is the role of the Union County Prosecutor’s Office in these cases? The Union County Prosecutor’s Office is responsible for investigating and prosecuting child endangerment cases. They will work to gather evidence and build a case against you.

7. What is the role of the Division of Child Protection and Permanency (DCP&P)? The DCP&P is responsible for investigating allegations of child abuse and neglect in New Jersey. If you are facing charges under N.J.S.A. 2C:24-4b, you may also be subject to a DCP&P investigation.

Don’t Face N.J.S.A. 2C:24-4b Charges Alone. Contact Brett M. Rosen, Esq. Today.

If you are facing charges under N.J.S.A. 2C:24-4b in Union County, New Jersey, it’s essential to seek experienced legal counsel immediately. Brett M. Rosen, Esq. is dedicated to providing you with the compassionate support, aggressive representation, and strategic defense you need during this challenging time. We will fight for your rights, protect your reputation, and work tirelessly to achieve the best possible outcome for your case.

Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com for a free and confidential consultation.