State criminal law uses the term “sexual assault” to refer to different crimes of varying severity. Sexual assault charges can be devastating, even if you aren’t convicted. If you were charged with second-degree sexual assault, it is important to understand the nature of the charges, the potential penalties, and your options for defense. Just as critical, however, is the knowledge of how to protect your rights and interests throughout criminal proceedings.
A Lincoln second-degree sexual assault lawyer can provide guidance and will fight to defend your interests during all stages of the criminal proceeding. Let a skilled sexual assault attorney from Berry Law fight to protect your future.
Penalties for Sexual Assault in the Second Degree
Second-degree sexual assault is a Class IIA felony in Lincoln, and it comes with harsher penalties than those associated with third-degree sexual assault. Someone convicted of second-degree sexual assault may face imprisonment for up to 20 years. A lawyer in Lincoln will work to minimize the negative consequences of a second-degree sexual violence charge and fight to protect your future throughout the case
Defining Second-Degree Sexual Violence
Second-degree sexual assault is defined in Nebraska Revised Statutes §28-320. According to the statute, second-degree sex assault occurs when there is serious bodily injury. Sexual contact with someone physically or mentally incapable of resisting or understanding the nature of the contact is also considered sexual assault in the second degree if it results in serious injuries.
Sexual Contact
Neb. Rev. Stat. §28-318 defines sexual contact as certain types of interactions “which can be reasonably construed as being for the purpose of sexual arousal or gratification of either party.” Moreover, actions must be undertaken intentionally to constitute sexual contact. Such conduct includes:
- Touching another person’s sexual organs;
- Touching clothing covering another person’s sexual organs;
- Subjecting someone to contact with another person’s sexual organs; and
- Subjecting someone to contact with another person’s clothing covering his or her sexual organs.
If sexual contact involves a minor under the age of 15 by a person aged 19 or older, the offense would be considered sexual assault of a child under Neb. Rev. Stat. §28-320.01. An attorney can look through the facts of the case and fight your charges.
Contact a Lincoln Second-Degree Sexual Assault Attorney
Second-degree sexual assault is not a conviction you want to have on your record. If convicted, you could face lengthy prison sentences, hefty fines, and permanent damage to your reputation. It is important to contact an attorney right away so they can begin building your defense.
A Lincoln second-degree sexual assault lawyer can help you gather and preserve evidence, such as recordings of an incident and statements from witnesses. There may be many different defense strategies, so it is best to retain legal representation as soon as possible to make use of all the available opportunities. To get started with a confidential consultation, call Berry Law now.
