Sex crime penalties vary by severity of the conviction. A second-degree sexual assault in Waukesha County, for instance, is a Class C felony according to Wisconsin state statute and could result in 40 years in prison, a fine of up to $100,000 or both.

If you are facing sexual assault charges in Brookfield or Waukesha, call Grieve Law's criminal defense attorneys for a free case consultation. 

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First Degree Sexual Assault

1st-degree sexual assault is a class B felony that carries up to 60 years in prison and lifetime registration on the sex offender registry. If the victim of a first degree sexual assault suffers any injury and is under 13 years old, penalties could be up to life in prison.

Second Degree Sexual Assault

2nd-degree sexual assault is a class C felony that carries a maximum penalty of up to 40 years in prison, a $100,000 fine, or both. A conviction for 2nd-degree sexual assault could also result in registration on the sex offender registry for at least 15 years. 2nd-degree sexual assault can be charged when a person has sexual contact by the threat of force or violence or sexual contact that results in injury, disease, or mental anguish requiring psychiatric care. It can also be charged if the victim is intoxicated, unconscious, mentally impaired, or when a caregiver has sex with a patient or a prison guard has sex with an inmate. Sexual contact with a child under 16 that does not include threat or violence and does not result in injury can also be charged as 2nd-degree sexual assault.

Third Degree Sexual Assault

3rd-degree sexual assault includes ejaculating, urinating, or defaecating on someone, and any other non-consensual sex. 3rd-degree sexual assault is a class G felony that carries up to 10 years in prison and/or a $25,000 fine. A conviction may also result in registration on the sex offender registry.

Fourth Degree Sexual Assault

4th-degree sexual assault is any other non-consensual sexual contact that does not include intercourse. Contact with a person over the clothing would fall into this category. For example, if a person is out at a bar and grabs a woman's butt without her consent, that person could be charged with 4th-degree sexual assault. 4th-degree sexual assault is a class A misdemeanor that carries up to 9 months in jail and up to a $10,000 fine. The court could also order that you register as a sex offender for a period of time.

For some offenses, registration on the sex offender registry is mandatory under the law. In some situations, it is discretionary, meaning the court can decide whether a person should be required to register as a sex offender. However, all sex offenses carry the potential for registration. 

In Wisconsin, Sexual Assault can be charged for many different reasons. Sexual assault is commonly referred to as rape, but sexual assault does not require that sexual intercourse occurs. A person can be charged with sexual assault for any non-consensual touching that occurs, even if it is over the clothing. All sexual assault charges carry potential jail time, fines, and possible registry on the sex offender registry. Many sex assault charges are felonies and have potential prison time as well.

Sexual assault is separated by degree in Wisconsin. First Degree Sexual Assault occurs in 4 types of situations.

1. Non-consensual contact that results in pregnancy or great bodily harm. 
2. Sexual contact involving the use or threat of force. 
3. Violent non-consensual contact aided by another person. 
4. Sexual contact with a child under the age of 16 by the threat of force or violence. 

Statutory Rape Charges in Brookfield

Depending on the factors involved, statutory rape convictions in Brookfield range from a Class B to a Class C felony. A Class B felony conviction can bring a prison sentence up to 60 years, while Class C felony penalties include a fine of up to $100,000 and a prison term of up to 40 years.

A statutory rape conviction will stay on your record for life, likely requiring registration on the sex offender registry and appearing on Wisconsin’s CCAP system. Statutory rape charges can affect your ability to find housing, employment, or obtain professional licenses. Our defense attorneys investigate whether the alleged victim’s age was misrepresented or whether you lacked intent in order to build a case to fight wrongful convictions.

Child Pornography Charges in Brookfield

The penalty for possession of child pornography in Brookfield depends on the age of the person convicted. If under 18, child pornography possession is a Class I felony with fines up to $10,000 and up to 3.5 years in prison. If the convicted is over 18 years of age, penalties can reach $100,000 fines and up to 25 years in prison. Each file counts as a separate charge, which quickly multiplies the legal risk.

The law defines child pornography possession as knowingly having images of sexually explicit conduct involving minors. Conviction requires proof you knew the content involved minors and you had access to it. Our Brookfield defense attorneys challenge each element of the case, exploring issues like lack of knowledge, mistaken identity or technical forensic flaws. We work to reduce or eliminate charges before sentencing.

Conviction carries lifetime consequences, including felony status, required sex offender registration, and a permanent record on CCAP. If you face charges, the earlier you act, the more opportunities your attorney has to protect your rights and your future.