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Sexual Assault Attorneys West Bend office (Near the Museum of Wisconsin Art)

If you are convicted of a sexual assault regardless of the charge or classification you can be punished by jail time, fines and court-ordered sex offender registration.  Typically if you are charged with a sexual assault offense you are facing a felony charge with the possibility of prison time upon conviction.

Glenn Gaskill

OWI & Criminal Defense Attorney

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Being charged with sexual assault in Ozaukee or Washington county could be based on lots of different forms of conduct.  Rape is most commonly associated with sexual assault charges, however, sexual intercourse is not required to be charged with a sexual assault.  Groping someone, on top of their clothes, at a bar or on the dance floor can result in charges for sexual assault.

Sexual assault charges in Wisconsin are separated by degree.

First Degree

One of five situations must be present to be charged with First Degree Sexual Assault:

  • A person must have engaged in sexual contact or intercourse without consent that results in pregnancy or great bodily harm
  • A person must have engaged in sexual contact or intercourse without consent and with the use of a dangerous weapon or threat of use of a dangerous weapon
  • A person must have engaged in sexual contact or intercourse without consent aided by another person by use or threat of force or violence
  • A person must have engaged in sexual contact or intercourse with someone under 13 years old
  • A person must have engaged in sexual contact or intercourse with someone under 16 years old by use or threat of force or violence

A conviction for First Degree Sexual Assault is a class B felony with a maximum prison sentence of 60 years and a lifetime sex offender registration.  If the victim of a First Degree Sexual Assault is under the age of 13 and suffers great bodily harm, including pregnancy, the maximum prison sentence is extended to life in prison.

Second Degree

Examples of conduct that falls under second-degree sexual assaults include:

  • sexual contact or intercourse by use or threat of force or violence
  • sexual contact or intercourse that results in disease, injury, or mental anguish requiring psychiatric care

If the victim is unconscious, mentally impaired, intoxicated or is a patient or inmate and the actor is the caregiver or prison guard, First Degree Sexual Assault can also be charged.  Lastly, it can be charged if the victim is under the age of 16 and sexual contact or intercourse is not done by force, threat of force, violence or resulting in injury.

A conviction for Second Degree Sexual Assault is a class C felony with a maximum prison sentence of 40 years, a $100,000 fine or both.  A Second Degree Sexual Assault can result in sex offender registration for at least 15 years. 

Third Degree

Third Degree Sexual Assault is defined as sexual contact or intercourse without consent that is defecating, urinating or ejaculating on someone for the purpose of degrading them.

A conviction for Third Degree Sexual Assault is a class G felony with a maximum prison sentence of 10 years, a $25,000 fine, or both.  Upon conviction, sex offender registration can be required.  

Fourth Degree

Fourth Degree Sexual Assault is sexual contact without consent.  The previous example of groping someone at the bar above or below their clothing would constitute Fourth Degree Sexual Assault.

A conviction for Fourth Degree Sexual Assault is a class A misdemeanor, with a maximum jail sentence of 9 months, a $10,000 fine or both.  If convicted a person can be required to register as a sex offender for a period of time. 

Ozaukee & Washington Criminal Defense Lawyers

Our Ozaukee-Washington firm represents clients facing the following charges:

  • rape 
  • statutory rape 
  • date rape 
  • criminal sexual abuse or sexual assault 
  • aggravated criminal sexual assault 
  • failure to register as a sex offender
  • prostitution or sexual solicitation
 
We provide free consultations, flexible payment plans and reasonable rates. Contact our sexual assault defense attorneys now to learn how we can get your charges reduced or dropped.

 

How long does a sexual assault stay on my record?

A conviction for sexual assault will remain on your record for the rest of your life.  In addition to incarceration and financial penalties, you can be required to register as a sex offender for the rest of your life.  Wisconsin’s Circuit Court Access Program, CCAP, makes all criminal charges, open cases and convictions available for public view.  If you are convicted of a sexual assault, it will have an immense impact on the rest of your life, affecting your ability to find employment, obtaining housing along with locations you will be able to live and acquiring or maintaining a professional license.

How to beat a sexual assault charge

Often sexual assault cases lack much direct evidence demonstrating that what happened was non-consensual making the cases often come down to a he said/she said scenario.  Consent is frequently the biggest point of contention for the case, with the actor arguing consent was given if not explicitly through the victim’s actions without contrary indications and the victim saying anything from "I said no and tried to fight" to "I felt like I did not have a choice".  When you are faced with a criminal charge based on the word of someone else, it is imperative that you hire the right attorney to defend your case.  Our award-winning Ozaukee and Washington county sexual assault attorneys will dissect your case and formulate a plan with you to ensure that you are not left with a ruined reputation and a lifetime of embarrassment from a false charge.

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We know
prosecutors
because we were prosecutors.

Tom Grieve, the firm's managing attorney and founder, is a former state prosecutor and is not the only ex-prosecutor at the firm. We love hiring attorneys from both sides of the wall to bring as many perspectives to fight your case as aggressively as possible. The State of Wisconsin likes it when you choose the run-of-the-mill fee to plea™ lawyers who don't even know how to analyze and defend cases instead of experienced criminal attorneys:

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