An accusation of sexual assault in Lincoln carries serious repercussions. These allegations can harm a person’s reputation as well as his or her professional life.  Finally, these charges may lead to incarceration upon conviction.

If you are facing sexual assault accusations, it is crucial that you reach out to a Lincoln sexual assault lawyer as soon as possible. An adept attorney can vigorously advocate for you and guide you throughout the legal process.

First Degree Sexual Assault Allegations in Lincoln

As defined by Nebraska Revised Statutes §28-319, first-degree sexual assault occurs by subjecting another person to a sexual act without consent or when the actor knew or should have known that the individual lacked the physical or mental capacity to resist the advances or consent to them. If the alleged victim is between the ages of 12 and 16, and the accused party is at least 19 years old, he or she may also face charges for first-degree sexual assault. In Lincoln, first-degree sexual assault is a Class II felony.

If convicted of first-degree sexual assault in Lincoln, the court might sentence him or her more severely if the victim suffered a serious personal injury. Additionally, in Lincoln, if convicted of first-degree sexual assault a second time, he or she may face up to 25 years of incarceration. A skilled Lincoln sexual assault attorney can fight against the charges to protect your freedom.

Other Charges

Per Neb. Rev. Stat. §28-320, second and third-degree sexual assault occur by subjecting someone to sexual contact without their consent or doing so when they knew or should have known the victim was unable to consent. Second-degree sexual assault is a Class IIA felony.

Second-degree charges may also apply if the alleged victim suffered a serious personal injury. However, third-degree sexual assault is a Class I misdemeanor as it does not involve serious personal injury. A seasoned Lincoln sexual assault lawyer can explain the differences and help to build a defense based on the specific circumstances.

Violation of a Protection Order

An order of protection is meant to protect an alleged victim from their attacker. Under Neb. Rev. Stat. §28-311.11, persons who ignores an order of protection meant to keep them away from the alleged victim can face additional consequences.

An order of protection generally prohibits the accused from harassing, molesting, attacking, or communicating with the holder of the protective order. He or she may not have any type of contact with the individual nor disturb their peace in any manner. If an individual in Lincoln is accused of violating a sexual assault protective order, law enforcement can move to arrest them.

Call a Lincoln Sexual Assault Attorney Today

Being accused of sexual assault can be a very unsettling situation. Depending on the circumstances, you could be facing a felony charge and repercussions that follow you for the rest of your life.

If you or a loved one has been accused or charged with sexual assault, the knowledgeable sexual assault attorneys at Berry Law may be able to help. Call today to set up a confidential case evaluation to discuss your options and begin your plan of defense.

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