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In Milwaukee, Wisconsin, a first degree sexual assault is a Class B felony that could result in up to 60 years in prison. Second-degree sexual assault could lead to 40 years in prison, fines up to $100,000 or both. Penalties decrease in third-and fourth-degree sexual assault.
If you are facing sexual assault charges in Milwaukee, call Grieve Law's attorneys at (414) 949-1789 for a free case consultation.
Sexual assault encompasses a range of offenses, each classified into different degrees based on the severity of the crime. In Wisconsin, degrees of sexual assault are defined in Chapter 940 of the Wisconsin Statutes.
1st degree sexual assault is the most severe form of sexual assault in Wisconsin. It involves non-consensual sexual contact or intercourse and often includes elements such as the use of force, weapons or threats to commit bodily harm or death. The key elements constituting 1st degree sexual assault include:
Penetration: Sexual penetration, including vaginal, anal or oral penetration, without the victim's consent, is a fundamental aspect of 1st degree sexual assault.
Force or Threats: The perpetrator must use force, violence or threats of serious bodily harm or death to overcome the victim's resistance. This element distinguishes 1st Degree from lesser degrees of sexual assault.
Incapacity or Intoxication: If the victim is incapable of giving consent due to intoxication or incapacity, any sexual act performed under such circumstances can also qualify as 1st degree sexual assault.
Age: Sexual contact or penetration with a victim under the age of 13, regardless of consent or capacity to give consent, can be classified as 1st degree sexual assault.
The key elements constituting 2nd degree sexual assault include:
Penetration or Sexual Contact: Like 1st degree sexual assault, 2nd degree involves non-consensual sexual penetration or sexual contact. However, it typically lacks the extreme force or threats required for 1st Degree.
Age and Consent: If the victim is between the ages of 13 and 16 and consents to sexual activity, but the perpetrator is significantly older (usually 3 or more years), it can be considered 2nd degree sexual assault.
Incapacity or Intoxication: Similar to 1st Degree, if the victim is incapacitated or intoxicated, any sexual act committed under these circumstances can be classified as 2nd degree sexual assault.
Lack of Consent: Consent is a critical factor. If the victim does not provide voluntary, informed and clear consent to the sexual activity, it can lead to 2nd Degree charges.
The key elements constituting 3rd degree sexual assault include:
Sexual Contact: Unlike 1st and 2nd Degree, 3rd degree sexual assault does not involve penetration but is restricted to non-consensual sexual contact. This may include unwanted touching or fondling.
Age and Consent: If the victim is between the ages of 16 and 18 and consents to sexual activity, but the perpetrator is significantly older (usually 3 or more years), it can be considered 3rd degree sexual assault.
Incapacity or Intoxication: If the victim is incapacitated or intoxicated, and sexual contact occurs without consent, it can be classified as 3rd degree sexual assault.
Lack of Consent: As in previous degrees, the absence of voluntary, informed and clear consent is crucial for charging someone with 3rd degree sexual assault.
4th degree sexual assault is the least severe form of sexual assault in Wisconsin, but it remains a significant offense. The key elements constituting 4th degree sexual assault include:
Sexual Contact: Similar to 3rd Degree, 4th degree sexual assault is limited to non-consensual sexual contact, such as unwanted touching or fondling.
Consent: This degree involves situations where the victim is 18 years or older and did not provide voluntary, informed and clear consent to the sexual contact.
Wisconsin has established a comprehensive legal framework outlining the penalties for different degrees of this crime.
1st degree sexual assault is the most severe form of sexual assault in Wisconsin, and the penalties reflect the gravity of the offense. It is classified as a class B felony. Conviction of 1st degree sexual assault result in a sentence of up to 60 years in prison. In addition to imprisonment, individuals convicted of 1st degree sexual assault are required to register as sex offenders. This registration is a lifelong obligation, with stringent reporting requirements and public disclosure. The combination of a lengthy prison sentence and mandatory sex offender registration underscores the severity of 1st degree sexual assault and its consequences for offenders.
2nd degree sexual assault is classified as a class C felony, leading to consequences upon conviction. Those found guilty of 2nd degree sexual assault face up to 40 years in prison. While less than the maximum penalty for 1st Degree, it remains a substantial prison sentence. In addition to imprisonment, offenders may also be subject to fines of up to $100,000. These fines are intended to provide financial restitution to the victim and contribute to the state's victim compensation fund. Similar to 1st degree sexual assault, individuals convicted of 2nd degree sexual assault are required to register as sex offenders, which entails lifelong reporting and public disclosure obligations.
3rd degree sexual assault is classified as a class G felony, leading to penalties upon conviction. Those convicted of 3rd degree sexual assault may face a sentence of up to 10 years in prison. While not as lengthy as the sentences for higher-degree sexual assaults, it is a substantial period of incarceration. Offenders may also be subject to fines of up to $25,000, designed to provide restitution to the victim and contribute to the victim compensation fund. Similar to higher-degree sexual assault convictions, individuals found guilty of 3rd degree sexual assault are required to register as sex offenders. This registration includes ongoing reporting and public disclosure obligations.
4th degree sexual assault is classified as a class A misdemeanor. Those found guilty of 4th degree sexual assault may face imprisonment for up to 9 months. While considerably shorter than the sentences for higher-degree sexual assaults, it is a significant period of incarceration for a misdemeanor offense. Offenders may also be subject to fines of up to $10,000. Just like higher-degree sexual assault convictions, individuals convicted of 4th degree sexual assault must register as sex offenders, with ongoing reporting and public disclosure obligations.
The criminal defense lawyers at Grieve Law LLC provide strong defenses for sex crime charges in Wisconsin. Our sexual assault defense lawyers know sex crimes charges can result in severe criminal penalties.
When you’re charged with a sex crime, you will likely be facing jail time, mandatory registration as a sex offender (for years or life), not to mention possible loss of your job, reputation, marriage and children.
Our sexual assault defense attorneys know prosecutors take sex crime charges in Wisconsin very seriously and are extremely reluctant to cut you any breaks or to even listen to your side of the story.
From the moment you receive free legal advice from our sexual assault defense lawyers we actively listen to the specifics of your case, explain your options in detail and inform you on what you can expect moving forward.
Our criminal defense lawyers produce sexual assault defenses which are incredibly smart, strategic and aggressive. We advise you on the best avenues for getting charges reduced or dropped based on mistaken identities, lack of incriminating evidence and other gray areas which come into play.
Our criminal defense lawyers have extensive experience for producing all types of winning defenses for everything from a DUI to drug charges in Milwaukee. Our criminal defense lawyers steadfastly defend your record, your rights, reputation and freedom.
When you need the very best criminal defense lawyers Milwaukee has to offer, turn to Grieve Law LLC.
City |
Rape |
Sodomy/Oral Sex |
Sexual Assault With an Object |
Fondling |
Incest |
Statutory Rape |
All Sex Offenses |
|---|---|---|---|---|---|---|---|
| Bayside | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Brown Deer | 2 | 1 | 0 | 4 | 0 | 1 | 8 |
| Cudahy | 6 | 0 | 0 | 6 | 0 | 1 | 13 |
| Fox Point | 0 | 0 | 0 | 1 | 0 | 0 | 1 |
| Franklin | 2 | 0 | 1 | 2 | 0 | 0 | 5 |
| Glendale | 4 | 0 | 0 | 3 | 0 | 2 | 9 |
| Greendale | 4 | 0 | 0 | 4 | 0 | 0 | 8 |
| Greenfield | 5 | 3 | 0 | 8 | 0 | 1 | 17 |
| Hales Corners | 1 | 0 | 0 | 1 | 0 | 0 | 2 |
| Marquette University PD | 1 | 0 | 0 | 2 | 0 | 0 | 3 |
| Milwaukee Co | 2 | 1 | 1 | 7 | 0 | 0 | 11 |
| Milwaukee | 312 | 106 | 24 | 274 | 4 | 54 | 774 |
| Oak Creek | 11 | 3 | 0 | 12 | 0 | 2 | 28 |
| River Hills | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Shorewood | 0 | 0 | 0 | 1 | 0 | 2 | 3 |
| South Milwaukee | 3 | 0 | 0 | 5 | 0 | 5 | 13 |
| St. Francis | 3 | 0 | 0 | 6 | 0 | 0 | 9 |
| UW-Milwaukee | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Wauwatosa | 4 | 2 | 0 | 11 | 0 | 2 | 19 |
| West Allis | 13 | 3 | 0 | 51 | 0 | 4 | 71 |
| West Milwaukee | 3 | 0 | 0 | 1 | 0 | 0 | 4 |
| Whitefish Bay | 0 | 0 | 0 | 0 | 0 | 1 | 1 |
| Total | 376 | 119 | 26 | 399 | 4 | 75 | 999 |
In Wisconsin, a sex assault charge will remain on your record for the rest of your life. Not only will the conviction follow you around, but you may also be forced to register as a sex offender for life. A conviction can have a life long impact on your life, influencing every aspect of your life.
If you are facing sexual assault charges, the best things you can do is:
Our criminal defense lawyers produce sexual assault defenses that are incredibly smart, strategic, and aggressive. We advise you on the best avenues for getting charges reduced or dropped based on mistaken identities, lack of incriminating evidence, and other gray areas that come into play. Our defenses are fact-specific in each individual case looking at the police actions and ensuring your legal rights are protected.
Our criminal defense attorneys have negotiated multiple felonies down to misdemeanors, non-criminal tickets, and outright dismissal of charges. Through negotiation or jury trial, our Wisconsin criminal defense attorneys faithfully represent your interests to the fullest under criminal law. Grieve Law LLC has the firearm, criminal defense, drug, and DUI attorneys in Waukesha, and the greater Milwaukee area trusts for results.
