Sexual Assault Defense
Our criminal defense attorneys provide vigorous representation for individuals facing first, second, third, and fourth-degree sexual assault charges in Marathon County and throughout North Central Wisconsin.
Police and prosecutors in Wausau and throughout Marathon County and North Central Wisconsin aggressively pursue cases involving allegations of sexual assault. If you have been accused – or if you have already been arrested – you need an experienced criminal defense attorney who can enforce your rights and help you avoid being labeled as a sex offender.
At Crooks Law we are experienced defense lawyers who have handled hundreds of cases involving sexual assault and other serious crimes. We are passionate about protecting our clients, and we have the legal and local knowledge necessary to effectively represent you in plea negotiations and at trial. When you hire us, we will conduct a thorough investigation in order to identify the defenses that you have available, and then we will fight vigorously to keep you from getting convicted and minimize the consequences of your arrest.
About Wisconsin’s Sexual Assault Laws
Wisconsin law divides sex crimes into two primary categories: sexual assault (Wis. Stat. Section 940.225) and sexual assault of a child (Wis. Stat. Section 948.02). There are four degrees of sexual assault, and two degrees of sexual assault of a child:
First Degree Sexual Assault
First degree sexual assault involves any one of the following: (i) non-consensual sexual contact or intercourse causing pregnancy or great bodily harm, (ii) non-consensual sexual contact or intercourse involving a dangerous weapon, or (iii) non-consensual sexual contact or intercourse involving the threat of force or violence that is aided or abetted by another person.
First degree sexual assault is a Class B felony that carries a possible sentence of up to 60 years in prison.
Second Degree Sexual Assault
There are many different forms of second degree sexual assault. All of the following can be charged as a Class C felony, which carries a possible 40-year prison sentence and up to a $100,000 fine:
- Non-consensual sexual contact or intercourse involving threat of force or violence
- Non-consensual sexual contact or intercourse resulting in illness, injury, or mental anguish
- Sexual contact or intercourse with a person who suffers from a mental illness or deficiency known to the assailant
- Sexual contact or intercourse with a person who is intoxicated and unable to give consent, for the purpose of having such contact or intercourse while the person is incapable of consenting
- Sexual contact or intercourse with a person who is unconscious
- Non-consensual sexual contact or intercourse aided or abetted by another person
- Sexual contact or intercourse with a client of an adult family home, residential facility, inpatient healthcare facility, or state treatment facility by an employee
- Sexual contact or intercourse with an inmate or individual who is on probation or parole by a correctional staff member or supervisor
- Sexual contact or intercourse with a client of a child welfare agency, hospital, or home health agency by an employee, licensee, or non-client resident
Third Degree Sexual Assault
Third degree sexual assault involves sexual intercourse without consent under any other circumstances and is a Class G felony. Class G felonies carry a potential prison sentence of 10 years and up to a $25,000 fine.
Fourth Degree Sexual Assault
Fourth degree sexual assault is defined as any form of sexual contact without consent. Fourth degree sexual assault is a Class A misdemeanor, which carries up to a nine month jail sentence and a $10,000 fine.
First and Second Degree Sexual Assault of a Child
First degree sexual assault of a child can be charged as either a Class A (with the potential for life imprisonment) or Class B felony. Second degree sexual assault of a child is a Class C felony. Any form of sexual contact or intercourse with a child under the age of 16 will be charged as a second degree offense. First degree offenses involve the threat of force or violence and/or children under the age of 13.
Defending Against Sexual Assault Charges in Wisconsin
Regardless of the circumstances involved in your case, there are a number of potential defenses that we may be able to use to limit your sentence, have your charges reduced, or have your charges dismissed. From issues regarding consent (i.e., the state cannot prove that the contact or intercourse was non-consensual or that you were aware of the alleged victim’s mental condition) to Constitutional violations relating to your arrest (i.e., you were arrested without probable cause or interrogated without being read your rights), we will get to the bottom of your case in order to present the strongest possible defense.
To find out more about what we can do to help, contact us today.
Speak with a Criminal Defense Lawyer at Crooks Law
Our attorneys are available to assist you, and if necessary we can act quickly in order to protect your legal rights. To discuss your case in confidence, call our Wausau, WI law offices at (715) 842-2291 or send us a message now.