Sexual Assault Lawyers in Madison, Wisconsin

Defending Clients Facing Sexual Assault Allegations

Sexual assault charges are some of the most severe criminal allegations an individual can face. Most sexual assault crimes are classified as a felony; if convicted, an individual could face a substantial amount of prison. Asexual assault conviction will negatively impact an individual for the rest of their life. As a result, it can be difficult, if not almost impossible, to obtain gainful employment, find housing, work in specific job fields, and attend a higher learning institution. A sex crime conviction will also exclude a person from being able to join any branch of the military.

Furthermore, individuals convicted of sex offenses are not eligible to have their criminal record expunged. As a result, even a minor sexual assault conviction will remain on an individual’s criminal record and significantly impact their ability to achieve their life goals.

If you have been arrested and charged with sexual assault or any other type of sex crime, you must hire an experienced Madison sexual assault attorney who can build a strong defense on your behalf. Our legal team has extensive experience defending clients against sexual assault charges and obtaining favorable results.

Contact Casper Mehlos Law Group, of Madison, WI, to schedule a free consultation to discuss your case. A qualified legal team member will provide you with a no-obligation case review so that we may answer your questions and explain your legal options.

How Is Sexual Assault Classified in Wisconsin?

Wisconsin defines sexual assault as any type of sexual contact or intercourse without the victim’s consent. Wisconsin law stipulates four degrees of sexual assault, each with its own penalties.

First-degree sexual assault is considered a Class B felony, and if convicted, the individual will be required to register as a sex offender for the rest of their life. First-degree sexual assault is defined as sexual contact or intercourse without the victim’s consent and must include the presence of one of the following situations or outcomes:

The use or threat to use a violent weapon, such as a gun or knife
Another person or multiple people abetted the individual through the use of force, violence, or threat of violence
Pregnancy or great bodily harm as a result of the assault

Second-degree sexual assault is considered to be a Class C felony, and just as with first-degree sexual assault, many of the same conditions apply, such as not giving consent or the use of violence to commit the crime. A conviction will also require an individual to register as a sex offender for life. Conditions that accompany second-degree sexual assault include:

The victim was under the influence of drugs, intoxicated, or unconscious
The victim had a mental illness, was under psychiatric care, had a disability that rendered them incapable of giving consent or suffered mental anguish as a result of the sexual assault
The perpetrator was a caregiver in a healthcare facility, group home, or foster home

Third-degree sexual assault is classified as a Class G felony, with the same stipulations as the other degrees of sexual assault. If convicted, an individual must register as a sex offender for 15 years. Additional requirements of third-degree sexual assault include the perpetrator ejaculating, urinating, or defecating on the victim.

Fourth-degree sexual assault is considered a Class A misdemeanor and consists of sexual activity other than intercourse without the victim’s consent. Examples of this type of sexual abuse include groping or fondling.

Sexual assault charges should never be taken lightly. Criminal penalties for sexual assault can range anywhere from 9 months in jail for a fourth-degree sexual assault to 60 years for a first-degree sexual assault.

That being the case, you need a knowledgeable lawyer on your side who is fearless in standing up to prosecutors to protect your freedom and reputation.

Contact the Casper Mehlos Law Group, of Madison, WI, to learn how we can defend you against the charges.

What Is the Difference Between Rape and Statutory Rape?

Rape can take many forms; if convicted, an individual can spend significant time in prison. Wisconsin defines rape as occurring when an individual has sexual contact or intercourse without the victim’s consent.

Statutory rape occurs when an individual at least 18 years old has sex with a minor. Even if the minor states that the sex was consensual, it is still considered statutory rape. Wisconsin law does not consider minors able to consent, and therefore, it is considered a criminal offense.

Wisconsin has severe penalties for individuals who have been convicted of statutory rape. First-degree and second-degree sexual assault of a child under the age of 13 can result in an individual being sentenced to 60 or 40 years in prison, respectively.

The crime of date rape occurs between individuals who already know one another, but they do not have to be on an actual date for the offense to occur. State law defines date rape as any type of unwanted sexual contact that involves forced or unforced intercourse. Unfortunately, many defendants facing date rape charges are unaware that even if they engage in unwanted sexual contact, they can be charged with a crime due to their actions.

Casper Mehlos Law Group, realizes that sometimes good people can make poor choices that negatively impact them for the rest of their lives, impacting their lives, reputation, and freedom.

The legal complexities involved with understanding the difference in sexual assault charges can be confusing.

If you have been charged with the crime of rape, you must seek qualified legal representation immediately. A skilled attorney can review the evidence against you to determine the available legal options.

Are There Any Defenses to Sexual Assault Charges?

Many individuals charged with sexual assault feel there is no viable defense to defend themselves against their charges. However, there are several defense strategies that an experienced attorney can use to build a defense on your behalf. They include:

The defendant is innocent of the charges that have been leveled against them. However, this can be extremely difficult in sexual assault cases without the help of an attorney, who can review the prosecution’s evidence and look to see if the accused has an alibi and, therefore, did not have sexual contact with the victim
If it can be proven that the accuser gave consent to engaging in sexual activity, the charges most likely will be dropped. However, if the victim is a child or underage, they cannot legally consent
The alleged victim falsified their statement with intent to harm the defendant. A well-experienced attorney can work with the defendant to understand why the accuser would make a false claim against them

It is crucial to remember that all sexual assault cases are not the same. Therefore, any results that may be obtained will vary and depend on the circumstances involved in the case. Contact our law office to schedule an appointment to learn more about the potential legal strategies that may work for you.

Why Do I Need to Hire a Criminal Defense Lawyer Before Being Charged With Sexual Assault?

One of the most critical errors individuals often make is waiting to hire a criminal defense lawyer. In many instances, individuals wait until they have been officially charged with sexual assault before they hire a qualified attorney.

However, anyone who believes they could be charged with a sex crime must hire an experienced attorney who can guide them through speaking with the police while they investigate the accusation.

One of the most considerable advantages of hiring a criminal defense lawyer is they can advise you of your legal rights when speaking with law enforcement officials. Many individuals who find themselves accused of sexual assault try to talk themselves out of the situation only to make themselves look guilty through their statements.

Remember that when it comes to sex crimes, police and prosecutors are often overzealous and quick to act without having all the facts. That being the case, if you are concerned that you may face charges related to sexual abuse or assault, you must hire an attorney who will work to safeguard your legal rights and freedom.

Contact our Madison sexual assault lawyers and ask to schedule a consultation to discuss your legal needs.

How Can Your Sexual Assault Lawyers Help Me With My Case?

If you have been arrested and charged with the crime of sexual assault, you must hire an experienced lawyer immediately. Our Dane County law office is dedicated to providing anyone accused of a sex crime with a solid criminal defense.

Sexual assault charges can have a long-lasting negative impact on your life and cause you to be labeled as a sex offender.

For this reason, our law firm provides the resources and insight necessary to defend you against these serious charges. Our sexual assault lawyers will professionally evaluate the evidence to poke holes in the state’s case.

For example, we can hire expert witnesses to analyze DNA evidence to help exclude you as a perpetrator in a sexual assault. Additionally, depending on the facts of the case, we may be able to obtain evidence to prove the alleged victim misidentified you as the perpetrator.

Finally, many individuals accused of sexual offenses are unaware that often criminal charges are negotiated between defense attorneys and prosecutors without the need to go to court. Our attorneys are skilled negotiators and will work with the prosecution to try to have your charges reduced or dismissed.

Contact Casper Mehlos Law Group, of Madison, WI, by calling (608) 820-8926 and asking to schedule a free initial consultation to discuss your case and protect your future.