On Friday, June 7, 2018, Darryl Smith, age 35, of Jersey City, was convicted by a Hudson County jury of Attempted Sexual Assault, a second-degree crime.
The jury found Smith guilty of attempting to sexually assault the victim, a 35-year-old woman from Jersey City, on August 29, 2018, at approximately 6:20 p.m. as she was walking on Pacific Avenue in Jersey City. The victim did not know the defendant prior to the attempted sexual assault. The jury deliberated for approximately two hours before returning their guilty verdict to the sole count of the indictment.
Attempted Sexual Assault carries a term of five to ten years in state prison. Due to his prior record, Smith is eligible to be sentenced to an extended term of up to 20 years as a persistent offender. Smith will have to serve 85% of any sentence imposed without the possibility of parole. The guilty verdict will also subject the defendant to registration under Megan’s Law and Parole Supervision for Life.
The Honorable Mark Nelson, J.S.C. presided over the trial. Judge Nelson is scheduled to sentence the defendant on September 27, 2019.
The State was represented by Assistant Prosecutor Andrew Baginski from the Special Victims Unit of the Office of the Hudson County Prosecutor.
The Jersey City Police Department investigated the case.