Question 1

What does Wisconsin law consider first-degree sexual assault?

Accepted Answer

First-degree sexual assault occurs when someone has sexual contact or intercourse with another person without consent and under certain aggravating circumstances. These include using or threatening a dangerous weapon, causing great bodily harm, causing pregnancy, or committing the act against a victim over age 60.

“Sexual contact” and “sexual intercourse” are defined broadly under the sexual assault statute. Sexual contact means intentional touching of intimate parts for sexual gratification or humiliation, while sexual intercourse includes any intrusion, no matter how slight.

Because there are multiple degrees of sexual assault, it’s important to know which degree you’re charged with, since that will impact your defense. A criminal defense attorney from Casper Mehlos Law Group, LLC can explain your charges and potential defense options.

Question 2

What are the penalties for a first-degree sexual assault conviction?

Accepted Answer

First-degree sexual assault is a Class B felony. If convicted, you’re facing a potential prison sentence of up to 60 years. Additional consequences often include:

• Lifetime sex offender registration
• Extended supervision (parole) or lifetime monitoring
• Losing your right to vote and own a firearm
• Severe restrictions on employment, housing, and community participation

However, every sentence depends on the facts of the case, including your prior criminal history and which aggravating factors were involved.

Question 3

What defenses may be available in a first-degree sexual assault case?

Accepted Answer

Each case depends on its facts, and your attorney will investigate to find the best strategy. However, several common legal defenses may apply, including:

• Consent: You reasonably believed the sexual contact was consensual.
• Mistaken identity: Eyewitness identification is not always reliable, especially if the witness was incapacitated. DNA results may also be unreliable or contaminated.
• False accusation: False accusations often stem from motives like relationship or custody disputes.
• Constitutional violations: Police may have obtained statements or evidence illegally.

Your defense lawyer reviews everything from physical evidence to police reports to identify weaknesses in the prosecution’s case. The state must prove guilt beyond a reasonable doubt, so your lawyer will work to find gaps and inconsistencies in their evidence and theory.

Question 4

Can my case be dismissed? Can I get the charges reduced?

Accepted Answer

Sometimes charges can be reduced or dismissed if there are problems with the evidence or procedural violations. For example, your attorney can file motions to suppress certain statements or evidence if law enforcement or the prosecution violated your Constitutional rights. If enough key evidence is excluded, the prosecution may not be able to move forward with your case.

In some cases, your attorney may be able to negotiate for reduced charges, such as a lower degree of sexual assault or non-sexual offenses. This is highly fact-specific, so you should consult an attorney at Casper Mehlos Law Group, LLC, to find out what your options may be.

Frequently Asked Questions About First-Degree Sexual Assault