A conviction for second-degree sexual assault carries some of the steepest penalties under state law. Like all sex offenses, a conviction could also result in additional consequences, including mandatory registration as a sex offender.
If you are facing charges for this offense, a dedicated sexual assault attorney can help you protect your legal rights. The Omaha second-degree sexual assault lawyers at Berry Law will listen to your side of the story and help you develop a strong defense strategy.
What is Second-Degree Sexual Assault?
Under state law, there are two situations in which an individual could be convicted of second-degree sexual assault. Prosecutors must prove one of the following:
- The accused made sexual contact with another person without his or her consent
- The accused made sexual contact with someone he or she should have known lacked the mental or physical capability to consent or resist
What differentiates this offense from third-degree sexual assault is physical injury. When unwanted sexual contact causes serious physical injury, the prosecution will pursue second-degree sexual assault charges. Otherwise, the offense is considered a third-degree charge. If sexual penetration is involved, the state will pursue first-degree charges.
It is crucial to understand the severity of your charges when planning a defense. The experienced Omaha lawyers at Berry Law can provide more information about what actions could lead to a second-degree sexual assault charge.
Penalties for a Conviction in Omaha
Second-degree sexual assault is considered a Class III felony under state law. A Class III felony carries a minimum sentence of one year in prison and a maximum term of 20 years. In addition to jail time, the court may levy a fine of up to $25,000 upon conviction.
Sex Offender Registry and Other Collateral Consequences
Jail time and fines are not the only consequences that follow a sexual assault conviction. The court will also require you to register as a sex offender. In many cases, convicted individuals must remain on the sex offender registry for the rest of their life.
This can make it difficult for you to find housing or employment. A felony conviction for second-degree sexual assault can also result in the loss of your right to own a firearm or vote. Given the severity of these consequences, it is often best to work with a skilled lawyer when fighting second-degree sexual assault charges.
Common Defenses to Second-Degree Sexual Assault Charges
There may be numerous defense options available in a second-degree sexual assault case, depending on the circumstances. One common defense in these cases is consent. To obtain a conviction, the prosecution must be able to prove you either made sexual contact with a person without his or her consent or while he or she unable to give consent.
By establishing that the complaining witness consented, you may be able to obtain an acquittal. Other defense options include mistaken identity, lack of evidence, and false accusations. A dedicated lawyer can help you identify the best possible defenses in your second-degree sexual assault case.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Contact an Omaha Second-Degree Sexual Assault Attorney Today
Facing accusations of second-degree sexual assault is often stressful. The potential consequences of a conviction could change your life drastically. This is why it is vital that you retain legal counsel as soon as possible.
An Omaha second-degree sexual assault lawyer can help you build the strongest defense possible in your case. To learn more about your defense options, schedule a confidential consultation with Berry Law today.
