If you have been sexually assaulted, go to your local hospital immediately. This will help you check for injuries, prevent STIs and pregnancy and preserve evidence.
Do not talk to the police without a criminal defense attorney near you present. A simple comment could incriminate you. It is also illegal to dissuade a witness.
What Are the Penalties for Sexual Assault Charges?
The exact penalties for sexual assault will vary depending on the state laws and the specifics of each case. However, most states consider sex offenses to be serious crimes. They can carry substantial prison sentences and significant fines. Sexual assault convictions also leave a person with a criminal record and may affect their ability to find work in the future. This is because employers can ask if they have a record of a sex crime and may reject them based on this information.
The judge will decide on the exact sentence if the jury convicts the accused. He or she will often examine aggravating and mitigating factors to determine the severity of the punishment.
Aggravating factors may include the use of weapons or violence, if a child is involved in the crime, or if the accused knew that the complainant was unable to give consent. For example, this could include situations of date rape where drugs or alcohol may have impaired the victim’s ability to give consent.
What Are the Penalties for First Degree Sexual Assault Charges?
A conviction for first degree sexual assault carries with it up to four years in prison. A person also must register as a sex offender. This charge also includes a requirement for ongoing electronic monitoring after a person is released from prison.
A person can be charged with CSC in the 1st degree when they touch another person with sexual intent and without penetration to gratify or assault them. This crime is also called “offensive touching” and it covers situations like a teacher or mental health professional having sex with a student/patient and a probation officer or prison guard having sex with an inmate/parolee.
An experienced attorney may be able to help reduce this serious felony conviction. Since this is a crime where consent is key, an attorney may argue that the other person either did not know or could not have given consent to the attack. Moreover, an attorney may be able to prove that the other person was not physically or mentally helpless and that the contact was not coerced.
What Are the Penalties for Second Degree Sexual Assault Charges?
If a perpetrator believes that a victim cannot give consent because of their physical or mental state, they can be charged with second degree sexual assault. This can include a variety of situations such as when the victim is drugged or drunk, mentally disabled, and even coerced or overpowered by force, intimidation or blackmail.
A conviction of this crime can land you in prison for up to three to fifteen years. It is also considered a felony when penetration occurs.
A skilled criminal defense attorney could be able to get prosecutors to drop the charge or lower the charges of Criminal Sexual Act in the Second Degree depending on how the evidence and allegations are presented. This type of defense requires a thorough understanding of the law, legal protocols and posturing. This is why it is important to seek a criminal defense attorney that has experience in defending against sex crimes. It would be a disadvantage to not have this type of knowledge on your side.
What Are the Penalties for Third Degree Sexual Assault Charges?
Unlike the more serious crime of first degree sexual assault which requires penetration, third degree sexual assault simply involves touching someone against their will. This crime is also sometimes called statutory rape and is a felony. Penalties for third degree sexual assault include up to 15 years in prison.
This crime covers a variety of activities such as sexual contact without penetration including groping and forcible oral intercourse, as well as violent non-consensual sexual contact aided by another person, ejaculating or excreting feces on someone and sexually degrading or humiliating someone. It also includes a caregiver having sex with an unconscious or intoxicated patient and a parole officer or guard having sex with a probationer or inmate.
If you are charged with third degree sexual assault, it is important to align yourself with a sex crimes lawyer as soon as possible. Our attorneys have the proven track record to help defend you against sexual assault charges.