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Of the three types of sexual assault offenses in Nebraska, second-degree sexual assault carries some of the steepest penalties. A conviction could lead to a lengthy prison term and collateral consequences that follow you around for the rest of your life.
If you were accused of sexual assault, you have the right to fight back against your charges with a dedicated defense attorney. A Nebraska second-degree sexual assault lawyer from Berry Law can serve as your advocate during this challenging time.
What is Second-Degree Sexual Assault?
Second-degree sexual assault is a criminal offense governed by Nebraska Revised Statute 28-320. Under state law, an individual has committed second-degree sexual assault if he or she makes sexual contact with another person without consent. It is also possible to face charges if the defendant knew or should have known the complaining witness was not able to consent or resist.
How Do Second Degree Charges Differ from Other Offenses?
To obtain a conviction for this offense, the prosecution must prove the alleged assault caused serious injury to the other party. If they cannot establish this, the offense is treated as third-degree sexual assault, which is a misdemeanor. Acts of sexual penetration without consent or sexual contact with a minor are not covered under the offense of second-degree sexual assault.
Potential Penalties Upon Conviction
Second-degree sexual assault is always considered a felony under state law. Specifically, this offense is a Class IIA felony, which is one of the highest classifications of criminal acts.
A conviction could bring as much as 20 years of confinement in state prison. This is much more severe than the potential consequences for third-degree sexual assault, which is a misdemeanor. A second-degree sexual assault attorney in the area can help protect your rights and fight the charges you are facing.
Collateral Consequences of a Conviction in Nebraska
The consequences of a second-degree sexual assault conviction are significant both in terms of prison time and fines. However, there are also collateral consequences that can follow a sexual assault conviction.
Collateral consequences may occur as the result of a conviction, but they do not stem directly from the statute. An experienced Nebraska attorney could help you avoid these collateral consequences by building a solid defense against your second-degree sexual assault charges.
The most common collateral consequence in these cases is mandatory registration as a sex offender. This designation will last forever, and you could face additional charges for failing to register or keep your information current. Other collateral consequences could include:
- Lost job opportunities
- Rejected rental applications
- Loss of firearm rights
- Loss of voting rights
- Denied child custody rights
- Immigration issues
Even if you negotiate a plea deal with the prosecution, you may still be subjected to these collateral consequences. As such, you should not accept any offers without speaking with an attorney first.
Reach Out to a Nebraska Second-Degree Sexual Assault Attorney Today
Facing criminal charges for allegations of second-degree sexual assault is never easy. The potential penalties that come with these cases are severe and could change your life forever.
As soon as you are made aware of allegations made against you, consult a Nebraska second-degree sexual assault lawyer. The team at Berry Law can help you prepare a strong defense. Call us today to schedule a confidential consultation.
