Sexual battery is not a specific charge in Lincoln but instead falls into the category of sexual assault. Regardless, it is considered a violent offense which makes it one of the most serious offenses a person could face.

If you are facing these charges, it is critical you have a battle-hardened Lincoln sex crimes lawyer by your side. A determined sex crimes lawyer from Berry Law Firm can fight the charges you are facing from the start to give you the best chance at an optimal outcome.

What Is Sexual Battery?

There is no sexual battery charge in the State of Nebraska. Any sexual battery offense is instead considered sexual assault which is subjecting a person to sexual penetration without their consent. This includes scenarios where the alleged victim denies consent, is incapable of giving consent, or is too young to legally give consent.

Most Nebraska prosecutors and judges treat every sexual assault as a violent crime. As such, by nature, an individual charged with sexual assault is considered by the courts to be a violent offender.

It is also important to note that there are no statutorily defined aggravating factors that could impact the consequences of a charge. This means that any charge will be subject to the same basic consequences upon conviction. A Lincoln sexual battery attorney could fully explain the statutes.

How Lincoln Courts Treat These Charges

Nebraska courts treat sexual assault crimes as some of the most serious offenses. As such, the consequences upon conviction can include lengthy prison sentences among other penalties.

Although there are no statutory aggravating factors, a court may still consider different elements when determining the appropriate sentence for a particular offender including whether:

  • The crime involved overt acts of violence
  • Weapons were used
  • Threats of violence were made
  • Deadly instruments were used during the commission of the offense
  • Serious bodily injury was inflicted by the use of deadly weapons or instruments during the commission of the offense

Since courts treat these offenses so seriously, it is important to work with a Lincoln sexual battery lawyer who knows how to defend against them.

Consequences of Being Convicted of a Violent Crime

In Nebraska, any act of sexual assault or battery is considered to be a violent act. Therefore, a person convicted on these charges will be considered a violent offender. This can have serious repercussions outside of the direct punishments for the offense.

The biggest impact is the fact that the court may require the person to register as a sex offender. This can severely impact a person’s liberty including where they can live and work.

The facility where a person serves his or her sentence is also based on the factors associated with the offense. If the Department of Corrections determines that a sexual battery is a violent act or involves some violence, it may impact where a person goes to prison and under what conditions they serve out their time.

A Lincoln Sexual Battery Attorney Can Be an Advocate

The consequences of a sexual battery charge are severe and could follow a person for the remainder of his or her life. For that reason, it is crucial you work with an experienced Lincoln sexual battery lawyer.

When defending against these charges, nothing makes up for experience. An attorney who regularly handles these cases knows what defense strategies work and can use that knowledge to help you. To learn more, set up a consultation with Berry Law today.

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