Grand Island Sexual Assault Lawyer

If you are under investigation or facing criminal charges related to sexual assault, you may be entering one of the most important battles of your life. The potential consequences of a sex assault conviction often cause irreparable damage to your personal life and professional career. Allegations of a sex crime on their own can leave a lasting social stigma that is nearly impossible to evade. You may feel as if friends and family are abandoning you during this legal crisis. Sometimes people outside of the criminal justice system forget that a charge, arrest, or investigation does not mean you are actually guilty of a crime. A dedicated Grand Island sexual assault lawyer can defend your rights and help you contest the alleged sexual assault. Working with an attorney early may also limit the damage of unfounded accusations.

Our team of sex crimes lawyers understand that you are innocent until proven guilty, and we could fight for you during every step of the legal process. If you have been charged with sexual assault in Hall County, it is imperative that you contact a skilled sex crimes lawyer to begin building your defense and put you in the best situation possible to fight your charges.

Types of Sexual Assault

Sexual assault is a type of crime that occurs when an individual subjects another person to sexual contact, even if there is no sexual penetration. Sex assault is broken down into three categories:

• First Degree Sexual Assault – This occurs when a person subjects another individual to sexual penetration without their consent or when they should have known that the alleged victim was physically or mentally incapable of resisting or appraising the nature of their conduct. This can also be charged when the accused is 19+ years old and the alleged victim is between the ages of 12 and 16.
• Second Degree Sexual Assault – This occurs when a person subjects another individual to sexual contact without their consent and causes serious personal injury to the alleged victim.
• Third Degree Sexual Assault – This occurs when an individual subjects another person to sexual contact without their consent or when they know or should have known that the other party was mentally or physically incapable of resisting.

Sexual assault is also broken down into three categories when a child is involved. The penalties for an alleged sexual assault on a child are more severe than those on an adult. A Grand Island sexual assault lawyer can help advise you on the charges you are facing, and what your options are for pleading to a lesser charge.

Penalties for Offenses in Grand Island

Sexual assault crimes are severe in nature, and the penalties for these crimes are harsh. Sex assault is typically charged as a felony. Even if the charge is a misdemeanor, the potential consequences can be detrimental to your career. A dedicated sex assault lawyer in Grand Island can explain the possible consequences of a conviction. The most severe sexual assault crime is first-degree sexual assault of a child. According to Nebraska Revised Statute 28-319.01, this is a Class IB felony punishable by a mandatory minimum prison sentence of 15 years up to life imprisonment. One of the most common sexual assault crimes, first-degree sexual assault, is a Class II felony and punishable up to 50 years in prison. Sexual assault in the third degree has the least severe punishment. Third-degree sex assault is a Class I misdemeanor punishable by up to one year in jail, a $1,000 fine, or both. A Grand Island sexual assault lawyer can work to fight your charges to help get it reduced to a lesser charge or have the sex assault charge dismissed altogether.

Understanding Consent in Sex Assault Cases

One of the biggest issues in sexual assault cases is the role of consent or the capacity to consent. Whether or not there was a reason to believe that acts were consensual is always a key component in sexual assault cases that involve adults. However, consent is not a valid defense in cases involving children, where the law considers them to be unable to consent even if they were to verbally do so. Consent among adults can manifest itself in a variety of different methods, with the most common being physical reciprocation. If the alleged victim resists contact, this is of a sign that there is a lack of consent.

What happens in the case where somebody is drunk or mentally incapable of giving consent? When an individual is incapacitated or mentally unable to affirmatively consent to sexual contact, the law indicates that they cannot consent to sexual activity. So, an individual who is determined to be inebriated to the point where they are unable to affirmatively consent cannot consent to sexual activity, even if they want to. The law does not allow them to consent to sexual activity. A sexual assault attorney in Grand Island could help explain the intricacies of consent in sexual assault cases and work with defendants to demonstrate that the accused had reason to believe that consent existed.

How a Grand Island Sexual Assault Attorney Can Help

Sexual assault charges or allegations can completely derail your life, both personally and professionally. The consequences for a criminal conviction often include lengthy prison terms or large fines, and the negative social stigma associated with sexual assault charges can damage your reputation forever. If you are facing charges or being investigated in Hall County, you should contact a dedicated Grand Island sexual assault lawyer.

At Berry Law, our team of relentless defense lawyers have fought hundreds of sexual assault charges on behalf of our clients. We recognize the importance of these cases and what is at stake. We also understand how to defend clients facing these charges and have experience building defenses on behalf of our clients. Contact our team today to schedule a confidential consultation.