In Wisconsin, there are four degrees of sexual assault that the Madison Police Department can potentially charge you with. Each of these degrees carries its own set of penalties.
First-degree sexual assault is the most serious of these offenses. You can be charged with this if you allegedly had sexual contact or sexual intercourse with a person without their consent and that contact:
First-degree sexual assault also refers to non-consensual sexual contact aided by another person and sexual contact with a child under the age of 16. Generally, it’s a Class B felony and carries penalties that include up to $100,000 in fines and a maximum sentence of 60 years in prison.
Second-degree sexual assault is a broad category involving sexual contact that uses the threat of force or violence and results in injuries, diseases, and mental anguish. It also includes sexual assault aided by another person, but without the use of outright violence.
Sexual contact with an intoxicated, mentally impaired, or unconscious person is considered to be second-degree sexual assault, as is a prison guard having sexual contact with an inmate and a caregiver having sex with a patient. In instances when sex with a child under 16 doesn’t involve violence, it becomes a second-degree sexual assault.
These are Class C felonies and carry penalties of fines of $100,000 and up to 40 years in prison. You also have to register as a sex offender.
Prosecutors will work diligently to put together a case against you, gathering evidence that could include DNA and eyewitness accounts. You never want to step into the Dane County Courthouse without someone representing you.
When you hire sexual assault lawyers in Madison, you benefit from an experienced legal team creating a robust defense on your behalf.
The goal is always to help you obtain the best-case scenario, and you’ll be involved in the process of making these decisions.
If the case goes to trial, we’ll provide zealous representation. Our lawyers take a bold and meticulous approach to your defense, ensuring that the jury learns about you, what really happened, and why you are not guilty.
Crucially, hiring a sexual assault lawyer near Madison also provides the support and detailed knowledge you need throughout this challenging process. These charges can be devastating and can upend your entire life. We can help you navigate the complexities of the justice system and answer all of the questions — every step of the way.
There are a number of strategies we can leverage, depending on your case’s facts. One strategy is to present an alibi. An alibi defense involves demonstrating that you were at a different location when the assault occurred, therefore making it impossible for you to have committed it.
It’s crucial that you remember your rights don’t disappear when you’re charged with sexual assault. One of the most important rights you have is the right to remain silent. You don’t have to answer any questions, even if you’re arrested.
If there’s a warrant or search order, you’ll have to comply with its demands, but it’s essential that you don’t talk. At the first opportunity you have, ask to speak with a lawyer. Having a lawyer beside you during police questioning is important since officers may try to fit anything you say into the narrative they’re already building.
You want to preserve any records that could prove you weren’t at the scene of the assault as well. These can include diaries, videos, social media posts, and emails. In fact, you don’t want to delete anything related to the crime at all, since you could be charged with evidence tampering as a result.
It’s common for the police to request volunteer tests, like DNA swabs, or searches. Refuse these. Don’t give anyone access to your computer or cellphone unless they have a warrant, and don’t turn over written records. Make sure also to avoid any kind of contact with the victim or their relatives.
We understand how intimidating being charged with sexual assault can be. If you’ve been arrested for sexual assault or suspect you will be arrested, you need a seasoned advocate on your side.
At Maciolek Law Group, our team can fight to protect both your rights and your future. Call us to speak with a sexual assault attorney in Madison today.
