If the police have arrested you for sexual assault in Wisconsin, it’s crucial to know what level of charges you face. While all sexual assault charges carry severe penalties, there are substantial differences between first-degree and fourth-degree charges. When you know the levels of sexual assault in Wisconsin, you’ll be able to understand your alleged offense and build an effective defense with help from an experienced Wisconsin sexual assault defense lawyer.
The Four Levels of Wisconsin Sexual Assault Charges
According to state law, the four levels of sexual assault charges in Wisconsin are:
First-Degree Sexual Assault
In Wisconsin, someone commits first-degree sexual assault when they have sexual contact or intercourse with a person who does not consent and:
- Causes great bodily harm;
- Impregnates the victim;
- Uses or threatens to use a weapon;
- Acts with others while using force or violence; or
- Assaults someone 60 or older.
Second-Degree Sexual Assault
Second-degree sexual assault charges also involve sexual contact or intercourse without consent. However, this charge is not as severe because it does not involve the same aggravating factors that first-degree sexual assault entails. Second-degree sexual assault charges apply when the alleged offender uses or the threat of force, injures the victim, or takes advantage of someone who cannot give proper consent. For instance, second-degree sexual assault charges may apply if the offender assaulted someone who was unconscious, severely impaired by alcohol or drugs, or has a mental condition preventing them from understanding what is happening.
Third-Degree Sexual Assault
Third-degree sexual assault generally refers to non-consensual sexual intercourse or certain types of sexual contact without the aggravating elements that define first- or second-degree charges. Even though this offense does not involve the aggravating factors of force or the use of a weapon, it still involves a clear lack of consent.
Fourth-Degree Sexual Assault
Finally, fourth-degree sexual assault covers situations involving non-consensual sexual contact that don’t fit the criteria for a higher charge. It usually involves touching someone’s intimate parts for sexual gratification or to humiliate them but without the additional factors found in the other levels of the crime.
Penalties for Sexual Assault in Wisconsin
The penalties for sexual assault in Wisconsin vary significantly depending on the severity of the charge. At the high end, first-degree sexual assault is a Class B felony. Penalties for Class B felonies in Wisconsin include 60 years in prison. At the low end, fourth-degree sexual assault is a Class A misdemeanor, the penalties for which include up to nine months in jail and a maximum fine of $10,000.
Offenders convicted of sexual assault in Wisconsin can also face other penalties, such as having to register as a sexual offender. A conviction on sexual assault charges may also cause offenders to lose their jobs and housing, and they may face social stigma as well.
Contact Our Wisconsin Sexual Assault Defense Attorneys Now
Any sexual assault charge in Wisconsin is a serious matter that demands a capable defense. The Wisconsin sexual assault defense attorneys at Jasti Zehawi & Johnson LLC can examine the evidence against you, look for weak points in the prosecution’s case, fight to suppress illegally obtained evidence, and guide you through the legal process. Call now or complete our contact form for a free consultation.