Sex offenses involving children are unlike other crimes. While consent by the accuser is a powerful defense in most sexual assault cases, it is not a viable defense to a sexual assault of a child charge. Despite this fact, when you work with an experienced sexual assault attorney, they might be able to help you to build a different defense to the prosecution’s case.
According to state law, there are three different levels of charges that fall under the umbrella of sexual assault of a minor. Each of these offenses carries potentially life-changing sentences upon conviction. An Omaha sexual assault of a child lawyer can help you fight these charges and protect your legal rights.
What are the Potential Charges for Child Sex Abuse?
There are three different categories of child sexual assault offenses recognized under Nebraska state law. All of these charges are considered felonies. Depending on the severity of the alleged incident, you might face first-degree, second-degree, or third-degree sexual assault of a child charges.
First-Degree Sexual Assault of a Minor Charges
First-degree sexual assault of a child is the most severe of the three offenses. Under Nebraska Revised Statute Section 28-319.01, there are two different circumstances that could result in a first-degree charge. Each of them depends on the age of the parties involved.
Specifically, a person aged 25 or older has committed first-degree sexual assault of a child if they subjected a person between the ages of 12 and 16 to any form of sexual penetration. Alternatively, an individual that is age 19 or older has committed this crime if they sexually penetrated a person under the age of 12.
Second-Degree Sexual Assault of a Child Charges
Unlike the first-degree offense, sexual assault of a minor in the second degree does not require sexual penetration. Instead, this offense involves sexual contact that leads to a serious physical injury. This offense is only appropriate when it involves contact between an adult 19 years or older and a child under the age of 15.
Third-Degree Sex Assault of a Minor Charges
Third-degree sexual assault of a child involves sexual contact that does not include sexual penetration or result in serious injury. These cases must involve an adult (19 years or older) as well as a child that is 14 years old or younger. The legal team at Berry Law has handled many serious sexual assault cases, including those involving minors. A skilled attorney can help you no matter the type of charges you are facing.
Potential Penalties of a Conviction for Sexual Assault of a Child in Omaha
Each of the criminal charges discussed above comes with severe penalties upon conviction. As a Class IB felony, first-degree sexual assault of a child carries the steepest penalties. Each first-degree offense has a mandatory minimum sentence of 15 years in prison. However, the actual prison term could be between 20 years to life in prison.
Second-degree sexual assault of a minor is a Class II felony and carries a potential prison term between one and fifty years upon conviction. Of the three offenses, third-degree sexual assault of a child is the least severe. However, you should not underestimate the impact of a conviction. As a Class IIIA felony, a conviction for third-degree child sex abuse could lead to as much as five years in state prison.
How Can Prior Convictions Impact Sentencing?
Having prior criminal convictions can significantly impact the severity of sentencing upon conviction. In first-degree and second-degree cases, a prior sex crime conviction can lead to a minimum of 25 years in prison if convicted.
Similarly, a third-degree charge could be bumped to a Class IC felony, which has a maximum prison term of 50 years, if you have prior convictions. A proactive attorney in Omaha can help you build a defense to sexual assault of a child charges or even urge the court to reduce the charge to a lesser offense.
Talk to an Omaha Sexual Assault of a Child Attorney Today
Sexual assault of a child is a serious offense that carries lifelong consequences. Given what is at stake, it is vital that you begin forming a defense as soon as possible.
An Omaha sexual assault of a child lawyer review your specific circumstances, gather important evidence, and explain your defense options to help prepare for trial. Contact Berry Law now for a confidential consultation. The sooner you partner with an experienced criminal law defense attorney, the sooner you can address these issues and move forward with your life.
