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When an individual is charged with a sex crime, he or she may be overwhelmed. The social impact, fines, jail time, and long-term ramifications can derail and change a person’s life forever. Even the most minor charges can result in serious punishments.
If you are facing criminal charges for an alleged sex offense, you should call a Lancaster county sex crimes lawyer as soon as possible. An experienced criminal attorney could sit down with you, organize the facts of your case, and explain your legal rights. Depending on the situation, an attorney from Berry Law could begin building a case in your defense to pursue a positive outcome.
What Is Considered First-Degree Sexual Assault?
Under Nebraska Revised Statutes §28-319,sexual assault in the first degree occurs when sexual penetration is performed without the other party’s consent, was against an individual who was mentally or physically incapable of resisting, or was performed on somebody underage. Sexual assault in the first degree is considered a Class II felony.
In these cases, the judge is within their discretion to enhance punishment if the alleged victim suffered a severe injury in the attack as well per Neb. Rev. Stat. §28-319(b).
Defenses to these crimes are largely case-dependent. Based upon the facts, an attorney could argue there was consent between the two parties for the sexual contact. Two defenses that a person cannot raise, however, is that a child concealed their age or that he or she made a reasonable mistake as to the age of a minor (State v. Campbell, 239 Neb. 14, 473 N.W.2d 420(1991) and State v. Navarrete, 221 Neb. 171, 376 N.W.2d 8 (1985)).
Second-Degree and Third-Degree Sexual Assault Allegations in Lancaster County
Under Neb. Rev. Stat. §28-320, a second or third-degree assault is defined as sexual contact with another person that was either without consent or with a person who was physically or mentally incapable of resisting.
What separates a second degree from a third-degree charge is whether the alleged victim was harmed. If the person was injured, it is considered a second-degree offense and a Class IIA felony. If he or she was not injured, then it is a third-degree assault and a Class I misdemeanor.
Besides the usual argument that the accused did not commit the sex act at all, the primary case a sex crimes lawyer may raise is that the sexual contact was performed with the full consent of the other party. Additionally, depending on the facts of a case, a lawyer could attempt to reach a plea deal.
Reach Out to a Lancaster County Sex Crimes Attorney Today
If you are facing charges for a sex crime, you should take the accusations against you seriously and contact a Lancaster county sex crimes lawyer today. A lawyer can sit down with you for a consultation and discuss your legal rights as well as the potential defenses available. Contact an experienced sex crimes attorney at Berry Law today to schedule a confidential consultation.