First-degree sexual assault allegations are devastating. The damage of the false allegation alone is often irreversible. Arrests and criminal charges for sex crimes make the allegation public and bring with them a life-altering stigma. No one wants to be branded as a rapist. Often, the only way to defeat false sexual assault allegations is by attacking them at a jury trial.
Sexual assault allegations are often easy to make but difficult to prove. Our Lincoln sex crime attorneys at Berry Law Firm know what’s at stake and how to employ strategic tactics designed to win at trial. To date, we have won several first-degree sexual assault trials throughout the state of Nebraska, and we have also successfully argued for the dismissal of many sexual assault charges prior to the case ever going to trial.
Timing Is Everything When Handling First Degree Sexual Assault Cases
In some instances, Berry Law Firm has successfully defended sexual assault allegations before clients were arrested or even charged. In those cases, the allegations were never made public.
The techniques used by law enforcement officers during first degree sexual assault investigations can be extremely deceptive, which is why hiring a criminal defense attorney as soon as possible can make a huge difference in whether or not criminal charges will be filed and whether or not the sexual assault allegations can be proven.
Penalties Upon Conviction in Lincoln
The penalties for a first degree sexual assault conviction are life-changing. In Nebraska, a person charged with first degree sexual assault faces 1 to 50 years in prison, a felony conviction, possible lifetime sex offender registration, and a potential civil lawsuit for money damages.
Anyone who has a previous conviction for first degree sexual assault will be sentenced to a mandatory minimum of 25 years in prison.
Types of Defenses in Lincoln for Your Case
Most sexual assault defenses focus on consent; the alleged victim claims that sex was forced or he or she was too intoxicated to give consent. Under Nebraska state law, a person can be charged with first degree sexual assault if the person knew, or should have known, that the alleged victim was incapable of consent. Sometimes this means the alleged victim was a vulnerable adult with a mental or functional impairment. Other times, it means the alleged victim was too drunk to consent to sex.
In some first degree sexual assault defenses, the defendant has an alibi during the time of the alleged sexual assault. Other defenses hinge on the credibility of the alleged victim or text messages and social media posts.
On rare occasions, the first degree sexual assault defense is that the falsely accused and the alleged victim never met. Occasionally, public figures and wealthy individuals are targeted by scam artists looking to make a quick buck or damage the accused’s reputation.
Berry Law Firm: Representing Individuals Charged with Sexual Assault Since 1965
For decades, Berry Law Firm has defended citizens charged with first degree sexual assault throughout Nebraska and other states. Our criminal defense lawyers have found that the question most juries want answered is: Why would someone make this up?
In most successfully defended cases, the key is to explain why the alleged victim made the false allegations. Sometimes this requires investigators, expert witnesses, and depositions of the defendant. These tools greatly assist criminal defense attorneys in preparing for what will be the fight of their clients’ lives.
If you find yourself facing first degree sexual assault allegations, contact a sexual assault defense attorney at Berry Law Firm today.