If you’re facing first degree sexual assault charges in Wisconsin, you’re looking at one of the most serious accusations the state can bring against you. This Class B felony involves allegations of non-consensual sexual contact or intercourse with another person, and prosecutors will often claim the incident involved force, violence, threats, or caused great bodily harm.

The law gets particularly harsh when the alleged assault involves a child under 13, or when the act allegedly results in significant injury or pregnancy – reflecting how seriously Wisconsin treats these charges and the impact on victims.

You need to understand that the penalties for first degree sexual assault are among the toughest you’ll face in Wisconsin. A conviction can land you in prison for up to 60 years. If prosecutors can prove the victim was a child under 13 and suffered great bodily harm, they can bump your charge up to a Class A felony – and that carries the possibility of life imprisonment.

These severe penalties show you just how seriously Wisconsin law treats allegations of non-consensual sexual contact and sexual intercourse, especially when there are aggravating factors involved.

Wisconsin breaks down sexual assault charges by degree, and each degree reflects how serious the alleged conduct was and what circumstances surrounded the offense. You could face second degree sexual assault as a Class C felony, which can put you away for up to 40 years. Third degree sexual assault is a Class G felony with a potential 10-year prison sentence.

Fourth degree sexual assault is considered a Class A misdemeanor, and you’re looking at up to nine months in jail. The degree you’re charged with depends on factors like whether prosecutors claim a dangerous weapon was used, the victim’s age, whether force or threats were involved, and how much injury or harm allegedly occurred.

Beyond the prison time, a conviction for any degree of sexual assault will follow you for life. You’ll face mandatory registration as a sex offender, significant fines, and a permanent criminal record that won’t go away. The stigma and collateral consequences of being labeled a sex offender can destroy your employment prospects, housing options, and personal relationships for years to come.

Given how severe these penalties are and how complex sexual assault cases can be, you absolutely need experienced legal counsel if you’re facing these allegations. Your defense might involve challenging the credibility of the accusations, scrutinizing the evidence prosecutors think they have, or demonstrating that any alleged sexual contact or intercourse was consensual.

Every case is different, and you need a thorough investigation to make sure all facts and circumstances work in your favor.

Understanding the differences between first degree sexual assault and other degrees, plus knowing what penalties you’re facing, is crucial if you’re involved in one of these cases. If you or someone you know is dealing with sexual assault charges in Wisconsin, consulting with a knowledgeable attorney can make all the difference in protecting your rights and getting through the legal process successfully.

Charged With First-Degree Sexual Assault in Wisconsin?

First-Degree Sexual Assault is a Class B felony and is the most severe sexual assault charge in Wisconsin. It carries a maximum penalty of up to 60 years in prison if convicted, except for the situation of having sexual contact and/or intercourse with a child under the age of 13 years that results in great bodily harm to that child, which is a Class A Felony with a maximum penalty of up to life imprisonment. Additional possible consequences can include being placed on the Sex Offender Registry for either 15 years or for one’s lifetime; wearing a GPS monitoring device; and being subject to extremely serious rules while supervised in the community by a probation and parole agent.

In order to be found guilty of First-Degree Sexual Assault, the State must prove beyond a reasonable doubt that the defendant had either sexual contact or intercourse with another person who had not given consent under certain circumstances that make the specific behavior extremely serious.

Some examples include if the State claims the defendant caused either pregnancy or great bodily harm to the non-consenting person; used or threatened to use a dangerous weapon to force someone to have sex against that person’s will; or had sexual contact or intercourse with a child under the age of 12 (who by law cannot consent to sexual contact or intercourse and therefore any such behavior is presumed to be illegal, or “statutory rape”).

There are many defenses to First-Degree Sexual Assault for the simple reason that there has been reported to be a high number of individuals who have been wrongfully convicted of sexual assault and later exonerated due to DNA evidence.

These cases have allowed lawyers and forensic scientists to identify common reasons why individuals are falsely accused of sexual assault. Oftentimes, those reasons are entirely innocent. For example, eyewitnesses often mistake the identity of their attacker, particularly when they are not familiar with that person.

Additionally, there are other factors that can affect a child or adult’s memory, sometimes due to the accuser being under the influence of mind-altering substances. Unfortunately, there are cases where individuals lie about being sexually assaulted, oftentimes in the case of an impressionable child pressured by a parent in a child custody dispute. Each case requires careful attention to all the facts and details to fully understand the strength of possible defenses.

Depending on whether there is a delayed report of sexual assault, there may no longer be DNA or other physical evidence necessary to prove one’s innocence.

Contact a Criminal Defense Lawyer in Wisconsin

Nonetheless, our firm collaborates with leading experts and trained investigators to thoroughly investigate claims of sexual assault to ensure our clients are not wrongfully convicted of a false allegation of sexual assault. Please contact an attorney at our firm for a consultation and we look forward to discussing your case in further detail.