Contact Van Severen Law Office at (414) 270-0202 to discuss your sexual assault case
Sometimes the different degrees of sexual assault get confusing. And they certainly range from mitigated to aggravated level offenses. On the lighter end of things, a fourth degree sexual assault is an aggravated felony. On the higher end, a first degree sexual assault case is an aggravated felony, carrying the second-most serious penalty of any criminal charge.
Van Severen Law Office provides sexual assault defense. Whether you’re facing first, second, third, or fourth degree sexual assault, our criminal defense lawyers should be your first call. We’ve handled all kinds of sexual assaults, including high-profile criminal cases. We dedicate our entire practice to defending cases just like yours.
Our criminal defense attorneys return calls 24/7 at (414) 270-0202. We certainly understand the you need a strong ally while fighting your case. You’ll find that in one of our criminal defense lawyers.
What is sexual assault?
Section 940.225 of the Wisconsin Statutes defines sexual assault. Whether an individual faces first, second, third, or fourth degree sexual assault depends on certain facts. But this is where everything started.
First degree sexual assault
First degree sexual assault is certainly the most serious sexual assault charge of an adult. This charge requires that the defendant commit the crime in one of three ways:
(a) Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person.
(b) Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon.
(c) Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.
First degree sexual assault is certainly the most serious sexual assault crime in Wisconsin. The charge is a Class B felony, meaning the maximum penalty is 60 years in prison. Secondly, the maximum term of initial confinement for this offense is 40 years in prison. The extended supervision maximum is 20 years. Certainly these serious penalties indicate how serious the legislature considers these offenses.
Finally, it’s clear from analyzing the law what lawmakers believe is most important. This crime focuses on sexual assault causing pregnancy, causing great bodily harm, conducted by use or threat of use of a dangerous, and simple use or threat of violence with the assistance of another person. First degree sexual assault will result in sex offender registration.
Second degree sexual assault
Second degree sexual assault is a a Class C felony. A Class C felony is certainly also serious, and carries a maximum penalty of 40 years in prison. The prison sentence breaks down into 25 years initial confinement and 15 years extended supervision.
Some of the circumstances that lead to a factual basis for second degree sexual assault include:
(a) Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.
(b) Has sexual contact or sexual intercourse with another person without consent of that person and causes injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care for the victim.
(c) Has sexual contact or sexual intercourse with a person who suffers from a mental illness or deficiency which renders that person temporarily or permanently incapable of appraising the person’s conduct, and the defendant knows of such condition.
(cm) Has sexual contact or sexual intercourse with a person who is under the influence of an intoxicant to a degree which renders that person incapable of giving consent if the defendant has actual knowledge that the person is incapable of giving consent and the defendant has the purpose to have sexual contact or sexual intercourse with the person while the person is incapable of giving consent.
(d) Has sexual contact or sexual intercourse with a person who the defendant knows is unconscious.
(f) Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without the consent of that person…
(h) Has sexual contact or sexual intercourse with an individual who is confined in a correctional institution if the actor is a correctional staff member…
