Sexual Assault Crimes
Sexual Assault Crimes such as 1st Degree (Rape with a Deadly Weapon), 2nd Degree (Rape), 3rd Degree and 4th Degree (Unwanted Touching) Sexual Assault, Sexual Assault of a Child, and Repeated Sexual Assault of a Child, are a few examples of some common sexual assault charges.
A sexual assault crime is generally defined as a sexual touching without consent or touching of a person who is incapable of giving consent (i.e due to age or mental capacity).
The State of Wisconsin classifies Sexual Assault in 4 separate degrees under Section 940.225 and are defined as followed:
- 1st Degree Sexual Assault is defined as, “Whoever does any of the following is guilty of a Class B felony:
(a) Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person.(b) Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon.(c) Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.(d) Commits a violation under sub. (2) against an individual who is 60 years of age or older. This paragraph applies irrespective of whether the defendant had actual knowledge of the victim’s age. A mistake regarding the victim’s age is not a defense to a prosecution under this paragraph.
2nd Degree Sexual Assault is defined as, “Whoever does any of the following is guilty of a Class C felony.”(a) Has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.(b) Has sexual contact or sexual intercourse with another person without consent of that person and causes injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care for the victim.(c) Has sexual contact or sexual intercourse with a person who suffers from a mental illness or deficiency which renders that person temporarily or permanently incapable of appraising the person’s conduct, and the defendant knows of such condition.(cm) Has sexual contact or sexual intercourse with a person who is under the influence of an intoxicant to a degree which renders that person incapable of giving consent if the defendant has actual knowledge that the person is incapable of giving consent and the defendant has the purpose to have sexual contact or sexual intercourse with the person while the person is incapable of giving consent.(d) Has sexual contact or sexual intercourse with a person who the defendant knows is unconscious.(f) Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without the consent of that person.(g) Is an employee of a facility or program under s. 940.295 (2) (b), (c), (h) or (k) and has sexual contact or sexual intercourse with a person who is a patient or resident of the facility or program.(h) Has sexual contact or sexual intercourse with an individual who is confined in a correctional institution if the actor is a correctional staff member. This paragraph does not apply if the individual with whom the actor has sexual contact or sexual intercourse is subject to prosecution for the sexual contact or sexual intercourse under this section.(i) Has sexual contact or sexual intercourse with an individual who is on probation, parole, or extended supervision if the actor is a probation, parole, or extended supervision agent who supervises the individual, either directly or through a subordinate, in his or her capacity as a probation, parole, or extended supervision agent or who has influenced or has attempted to influence another probation, parole, or extended supervision agent’s supervision of the individual. This paragraph does not apply if the individual with whom the actor has sexual contact or sexual intercourse is subject to prosecution for the sexual contact or sexual intercourse under this section.
3rd Degree Sexual Assault – is defined as, “(a) Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class G felony. (b) Whoever has sexual contact in the manner described in sub. (5) (b) 2. or 3. with a person without the consent of that person is guilty of a Class G felony.”
- 4th Degree Sexual Assault – is defined as, “Except as provided in sub. (3), whoever has sexual contact with a person without the consent of that person is guilty of a Class A misdemeanor. “
Other common sexual assault crimes include:
- Lewd & Lascivious Conduct – is defined as the exposing of one’s private body parts (as the genitals) either recklessly or intentionally and under circumstances likely to cause offense or affront.
- Sexual Harassment – is generally defined as “employment discrimination consisting of unwelcome verbal or physical conduct directed at an employee because of his or her sex.”
When facing a sexual assault charge common questions come up with every person accused. They include:
Do I need a lawyer?
You do not have to hire an attorney for every legal problem you face. If you are facing criminal charges, it is important that you speak with a lawyer before speaking with the police because most things you tell them can and will be used to against you.
If you are charged with a criminal offense, it is important to contact a lawyer right away.. The sooner you talk to a lawyer the better because your memory of what happened will be clearer. You will also have a better idea of what defenses you may have to the charges against you.
What do criminal defense lawyers do?
Criminal lawyers represent defendants facing criminal charges in state, federal and appellate courts. A criminal lawyer helps you to present your side of the trails in a case not harmful for your defense. It’s important to act quickly when you are charged with a criminal offense. The longer you wait, the easier it is for evidence and opportunities to disappear. But it is especially important to take action early with a criminal charge. You need a professional. Their scope of practice includes:
- Bail Hearings,
- Plea Bargains,
- Revocation Hearings (Extended Supervision aka Parole or Probation),
- Appeals and Post-Conviction Remedies like Sentence Modifications.
- Draft, File and Argue Appeals,
- Law Enforcement Officers make arrests, but they are not the entity that actually brings charges against suspects.
- Discovery Phase, The discovery phase is a time period in which your attorney will investigate the prosecution’s case to find out what evidence they may or may not have against you, which witnesses they might bring in to testify, and other information.
- Pre-Trial Conference: Before your official trial, the judge in charge of your case will check with the attorneys of both sides to assess the progress of the case. Parties will meet before the judge to expedite and improve the quality of the trial.
Their scope of practice includes bail bond hearings, plea bargains, trial, revocation hearings (parole or probation), appeals and post-conviction remedies.
Parties will meet before the judge to expedite and improve the quality of the trial.
A private criminal attorney (who charge the most per hour but have the most time to dedicate to your case), court appointed attorney (those attorneys who takes a combination of private cases, county appointed cases that pay less per hour and are appointed by each county and public defender cases which pay less per hour) or public defender cases (those cases which pay the least per hour. You as a defendant are allowed one of these attorneys based on what you make.
How much will a criminal lawyer cost me?
The cost of a criminal lawyer depends on many factors, including the type and severity of charges filed against you. The amount of money charged by a lawyer for his or her services is called a “fee.” The fee can vary depending on the type of case and the amount of time spent working on it.
The fee for your initial consultation will vary depending on your location. However, a good criminal lawyer will offer you an initial consultation for free. If you are charged with a misdemeanor, the cost of retaining a lawyer will be significantly less than if you are facing felony.
A criminal lawyer is an attorney who specializes in the defense of people accused of crimes. A criminal lawyer may represent a person charged with any kind of crime, but most commonly represents clients facing murder charges, drug charges, and other felony charges. Criminal lawyers may also represent people who have been charged with misdemeanors in some states, but not all states allow criminal defense attorneys to handle misdemeanor cases.
What is the difference between a public defender and a private criminal lawyer?
Public defenders are available for those individuals without a job or very limited assets and much debt. Court appointed lawyers are available for those individual with more income and assets (but actually not much more) and private attorneys are available for those people making more than the state poverty level.
A public defender unfortunately has the obligation of representing all people who are arrested and charge with a crime (by the way an OWI 1st in Wisconsin without aggravating enhancing facts is NOT a criminal charge), meet the income and asset thresh hold and have no conflict of issue problems with other clients of that particular lawyer.
That includes quite a number of people and cause the lawyer to represent a lot of people at any given moment. A Private Criminal Lawyer has more control of his or her case-load resulting in more time to address customer’s concerns.
What if I cannot afford or have enough money to pay a lawyer?
If you do not have enough money to hire a lawyer, the court will appoint an attorney to re The court may also pay for a lawyer if you do not have enough money. Call your county bar association to find out more about free legal services. We offer and encourage payment plans.
What can a lawyer do to help me (even if I’m guilty)?
A criminal lawyer can provide advice about your legal situation and help you with the following:
- Understand court procedures. A good attorney will explain how the law applies to your case and help you understand the court process.
- Talk with law enforcement officers. A lawyer can talk to police about your case and negotiate for leniency on your behalf.
- Help you prepare for trial. A good attorney will help you understand the evidence against you and how to present your side of the story in court.
- Negotiate with prosecutors on your behalf.
How can I find out what my options are if I’m facing criminal charges?
There are several ways to find out what your options are. First, you can talk with an attorney who practices criminal law in the county where you were charged or the county where you live. You can also contact the court where you were charged and ask to speak with a public defender. An attorney who practices criminal law will be able to tell you what your options are,
When should I talk to a lawyer?
If you are accused of a crime, you should talk to a lawyer right away. If you cannot afford a lawyer, one will be appointed for you free of charge. Before saying something that can be used against you, talk to a lawyer. The best way to make sure you are treated fairly is to know your rights. The following information can help you understand what the police must do when making an arrest and what to do if you are arrested. You have the right to remain silent. Anything you say or do can be used against you in a court of law.
How can you find a good lawyer?
Research the lawyers in your area on the Internet and ask friends and family for recommendations. What is the best way to get in touch with an attorney after hours? Send a text message or email. The best way to find the right lawyer is to ask friends and family for recommendations. You can also research the lawyers in your area on the Internet and ask friends and family for recommendations.
What should I expect when working with a lawyer for people accused of crimes?
During the early stages of your case, you will meet with a lawyer to discuss what happened and how we might be able to help. The lawyer may ask you questions about the incident that led to your arrest, the evidence against you and what witnesses might testify on your behalf. The lawyer will also tell you about possible defenses that may be available to help you avoid conviction.
How will I know what to do about my case?
Your lawyer can help you with this. He or she will explain the court process to you and help you understand what is going on.
How should I prepare for my first meeting with an attorney?
You should be prepared to answer questions about the charges you face, your financial situation and any prior criminal record. Typically the first consultation or meeting is free.
Can I get in trouble for something I say or do if I do not have a lawyer?
You should always be careful about what you say to the police or anyone else. You should always talk with your attorney before you make any decisions or take any action that could affect your case.
Can I be arrested if I have an attorney?
I am afraid to talk to the police. What should I do?
You should call a lawyer.
What should I do if the police stop me in my car?
You should roll down your window and turn off the car. Then you should put both hands on the steering wheel. If there is a passenger in the car, they should remain calm and follow the driver’s example.
If you are not under arrest, the police should tell you why they stopped you and let you go. If the police say that they want to talk to you, ask if you are free to go. If the police answer any questions and should tell them that you want to leave. If the police say that you are not under arrest, but they are detaining you and asking questions, then you do not have to answer any questions and should tell them that you want to leave. If the police say that you are not under arrest, but they intend to search your home or car, then you do not have to let them in unless they have a warrant. If they have a warrant, you should ask to see it and make sure that the name on the warrant is your name.
When can the police make an arrest?
In general, police can make an arrest without a warrant if they have probable cause to believe that the person to be arrested has committed or is committing a crime. If you are not sure about the law in your state, consult an attorney.
What is a warrant?
A warrant is an order for someone’s arrest signed by a judge.
What can I do if I have a warrant?
If you know there is a warrant for your arrest, you should turn yourself in to the police as soon as possible and ask if you can arrange to be taken before a judge. If you have an attorney, he or she should accompany you to your first appearance in court. Courts have “bail” hearings from Monday through Friday every day at a specific time.
What should I do if I’m arrested?
If you’re arrested, you should first ask for a lawyer. You have the right to remain silent. You do not have to say anything about why you were stopped or what happened unless your attorney is present The police are required to give you this information: Your right to remain silent. This means that anything you say can and will be used against you in a court of law. Your right to talk with an attorney before speaking with the police or anyone else, and to have an attorney present during any questioning.
What should I do if someone has been arrested?
If someone you know has been arrested, the first thing you should do is tell them that they have a right to remain silent. This means that they don’t have to say anything to police officers or the prosecutor. They also have a right to talk with an attorney before they are questioned. The police may try to get them to answer questions without talking with an attorney first, but the person arrested should tell the police they wish to remain silent until after they speak to a lawyer. The police should end their questioning at this point and most will. Some won’t and unfortunately it will be up to you to remind them you are exercising your 5th Amendment right to remain silent.
What should I do if I am subpoenaed to testify in court?
If you are subpoenaed to testify in court, you must go. You may be held in contempt of court if you do not show up as ordered.
What is the difference between an arrest and an indictment?
An arrest is when a police officer takes you into custody, but has not yet charged you with any crime. An indictment is when a grand jury decides that there is enough evidence to charge you with a crime.
What does it mean if I am charged with “attempted” murder?
It means that you tried to kill someone, but did not actually succeed.
What happens if I am arrested for a crime and the charges are dropped?
If your case is dismissed without prejudice it may be charge again upon new evidence by the prosecutor or if the case is dismissed with prejudice you are not guilty of the crime and cannot be charged again.
What is the difference between a misdemeanor and a felony charge?
The difference between a misdemeanor and felony charge is the severity of the crime. Misdemeanors are usually less severe crimes such as petty theft, vandalism or assault. Felonies are more serious crimes such as murder, rape or drug trafficking.
What should I do if I am facing felony charges?
If you are facing felony charges, we highly recommend that you retain an attorney. A good criminal lawyer will be able to advise you of your rights and what can happen if the case goes to trial.
What should I do if I am facing misdemeanor charges?
If you are facing misdemeanor charges, we recommend that you contact the court and see what your options are for resolving the case. In some cases, you may be able to attend a class or community service in order to resolve the charges.
What is bail and how does it work?
Bail is money that you pay to the court so that you can be released from jail until your trial date. It is money that you pay the court to be released from jail and given to the court by a person accused of a crime in order to guarantee that he or she will appear for trial.. It can also mean a promise made by someone else, such as a family member or friend, to pay the court if you fail to appear for your trial. If someone else makes that promise and then fails to keep it, they may also be charged with a crime.
If you are accused of a crime, and have no criminal record, chances are that you will be released on your own recognizance. This means that you do not have to pay bail or bond, and the court will release you without requiring any money from you. If you have a criminal record, you may be required to pay bail or bond. If I am released on my own recognizance, what do I need to do? You should check in with the court on a regular basis to let them know of your current address or other demographic-type inform. If you are required to pay bail or bond, you will be given a date when you must appear in court and report back to the jail. You should make sure to appear on time and report back to the jail. If you fail to appear in court on your appointed date, a warrant will be issued for your arrest and you may be required to pay additional bail and sign a new bond.
What is bail bond?
A bail bond is money paid directly to the court by a bail bondsman in exchange for a defendant’s promise to appear for trial. Some states don’t allow bail bonds such as Wisconsin.
What is the difference between bail and bond?
Bail is money given directly to the court, while a bail bond is money given to a bondsman who then puts up the money for you.
What if I am not eligible for release on bail?
The judge will decide whether you should be released or held in custody until your next court date. If the judge decides that you should be held in custody, you may ask to have a bail hearing. The judge will decide whether or not you can be released on bail after the hearing.
What happens if I am not able to pay the bail?
If you cannot afford bail, you may be eligible for a court-appointed attorney who will work with you and your family to try to get you released from custody before your trial. Your attorney will also help you prepare a written request asking the judge to lower the amount of bail that is set for you. The judge will decide whether to lower your bail based on information in the request and other factors, such as how long you have lived in the community.
What happens if I miss my court date?
The judge will issue an order to have you arrested. If I am arrested, can I be released on bail? Yes. The judge will decide whether you are eligible for release and what conditions must be met before you are released.
You may be released on bail if you: have a job or are in school; have family who will take care of your kids while you are out on bail; and/or, have a place to live.
If my case has been dismissed, do I have to pay back the bail or the bond?
How can I find out what is going on with my case?
You can ask to speak with your attorney or you can write a letter to him/her. The address is on the website, on his or her card or on any letters they may have sent you.
What is a pre-trial conference and why does it matter?
The pre-trial conference is an opportunity for you to tell the judge what happened and why you are not guilty of the crime. You can also ask your attorney questions about your case at this time.
What happens at a trial?
At the trial, you will have a chance to tell your side of the story. Your attorney will be there to help you and advise you about what is going
What is a trial date and how long will it take for my case to go to trial?
A trial date is when your case will be heard by a judge or jury. It can take anywhere from 6-20 months to get a trial date, depending on the court schedule and how busy they are.
How much time will I have to wait before my case is heard?
You should not have to wait more than a few days, but it could take weeks
What does it take to get on trial date in criminal court?
If you don’t have an attorney, you will probably be asked to come back for another hearing after your arrest. The following are some of the things that may delay your trial date: Your lawyer can’t get ready on time. The prosecutor needs more time to prepare for trial. Your lawyer and the prosecutor need more time to work out a plea agreement.
How long will I have to wait for trial?
You will have to wait until the judge sets a trial date. The prosecutor’s office and defense lawyer may agree on a trial date, or the judge could set one at your first court appearance. If you and the prosecutor agree on a trial date, be sure to get it in writing. If your case is not resolved by the trial date, either side can ask for more time or a new trial date.
Who decides if I’m guilty or not, judge or jury?
The judge decides whether you are guilty or not If you accept a plea offer. If the case goes to trial, a jury will decide if you are guilty. The prosecutor will present evidence and witnesses on his/her behalf. You will have the opportunity to present evidence and witnesses on your behalf. The jury decides whether you are guilty or not.
What happens if I’m found guilty?
If you are found guilty, the judge will decide your sentence. The prosecutor and defense lawyer can make recommendations to the judge about what kind of punishment you should get. A judge cannot give you a harsher sentence than the prosecutor or defense lawyer recommended. The judge can give you a lighter sentence than the prosecutor or defense lawyer recommends, but cannot give you a harsher one. If you are found guilty of a misdemeanor, the judge could sentence you to a fine and up to one year in jail. If you are found guilty of a felony, the judge could sentence you to a fine and between two years and life in prison. The judge could also give you a combination of these sentences, such as a fine and probation or a fine and community service. Judges are not required to follow the recommendations of the prosecutor or defense lawyer. Judges are free to sentence you to a different punishment than they recommend, or to no punishment at all.
What happens if you don’t get a trial date within 30 days?
If your case is not set for trial within the next 30 days, you should contact an attorney or go to the courthouse and talk to the prosecutor if you are not being represented by an attorney. If you are being represented by an attorney, everyone in the courthouse will tell you to talk to them. They have to because of ethical rules. If you don’t get a trial date within 30 days, your case may be dismissed.
What is a “no contest” plea?
It means that you are admitting guilt without admitting fault or liability. In other words, you are pleading guilty without admitting that you did anything wrong.
What is a “diversion” program?
It means that instead of being charged with a crime, you are placed in a special program to help you. You must complete the program and any other special conditions that the court gives you. If you complete the program, your case will be dismissed (meaning it never happened).
If I am arrested for a crime and then released on bail, will I have to go back to jail if I do not show up for my court date? No. If you are arrested and released on bail, you must return to court when your case is called. If you do not show up, the court will issue a warrant for your arrest.
What if I cannot afford to pay my court fines and costs?
If you do not have enough money to pay your court fines and costs, the judge may allow you a payment plan or community service. The judge may also lower the fines and costs if you cannot pay them all at once.
Can a lawyer help me with an appeal if I am convicted?
Yes, a lawyer can help you with an appeal.
How much time will I have at the sentencing hearing after I am convicted of a crime?
The judge will tell you the sentence at your sentencing hearing. The law sets a range of sentences for each crime and the judge decides what sentence to give based on the facts of your case, how you plead, and the judge’s opinion.
What if I am not happy with my sentence?
If you are not happy with your sentence, you can ask for a new trial. If the judge does not agree to give you another trial, then after one year from your sentencing hearing date or from the date you are released from prison, whichever is later, you can ask the court to reduce your sentence. You have a right to appeal your case. An appellate court will review your trial record and decide if the judge made any mistakes. If you are not happy with the appellate court’s decision, you can ask for a new trial in front of another jury.
What if I am not happy with my probation or parole officer?
You can write a letter to the judge who sentenced you. The court will send your complaint to the probation or parole officer’s supervisor. If you are not happy with the response, you can ask for a hearing before a judge.
If I am released from prison, can I get a job?
You will have to find a job before you are released from prison. The state or county where you live may have rules about what jobs you can do and
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We Offer Criminal Defense Services In The Following Areas:
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