There are multiple types of sexual assault charges under Nebraska law. Of all of them, first-degree sexual assault carries the steepest penalties. These penalties are particularly harsh for individuals with prior sexual assault convictions.

If you are currently facing allegations of first-degree sexual assault, you could benefit from discussing your case with a skilled defense attorney. A Nebraska first-degree sexual assault lawyer at Berry Law can help you build a defense against your charges and prepare for trial.

Understanding First-Degree Sexual Assault Charges

First-degree sexual assault is defined under Nebraska Revised Statute 28-319. The statute lists three acts that can result in a conviction for this offense. A prosecutor may bring charges for first-degree sexual assault if someone accuses you of subjecting them to sexual penetration without their consent.

You could also face charges if the prosecution argues you knew or should have known that the other person was unable to resist or consent to the alleged sexual penetration. This is important to note, as lack of knowledge of the other party’s inability to resist is not a valid defense.

Finally, a prosecutor may bring a first-degree sexual assault charge if someone accuses you of subjecting a child to sexual penetration while you were 19 years old or over. If you have questions about what constitutes a first-degree sexual assault offense, call an experienced attorney from Berry Law to learn more.

Penalties Upon Conviction in Nebraska

Nebraska treats first-degree sexual assault as a Class II felony. This means a conviction carries some of the steepest penalties available under the law. When handing down a sentence, the judge is required to consider whether the complaining witness sustained a serious personal injury during the alleged assault.

A conviction could lead to a prison term between one and 50 years and mandatory sex offender registration. These penalties become steeper for second-time offenders. If you have a prior sexual assault conviction, you may face a mandatory minimum of 25 years in prison upon a second conviction. Given the severity of these penalties, it is in your best interest to retain a skilled lawyer to fight your first-degree sexual assault charges.

Viable Defenses to Severe Sexual Misconduct Charges

There are numerous potential defenses available in a first-degree sexual assault case. However, not each defense will make sense in every situation. Before committing to a defense strategy, it is imperative that you discuss your defense options with a Nebraska attorney.

False Accusations

False accusations are not common, but they do happen. A complaining witness may argue that a sexual assault occurred with the hopes of getting you into legal trouble. In a case such as this, you and your attorney could highlight conflicting statements to establish that the alleged assault never happened.

Mistaken Identity

In some cases, the complaining witness misidentifies the perpetrator of a sexual assault. When using a mistaken identity defense, you may provide evidence to show you were not in the area at the time of the alleged assault or point out a lack of DNA evidence tying you to the complaining witness.

Consent

Consent is one of the most common defenses available for first-degree sexual assault cases. However, it should be noted that consent is not a defense in every situation. For example, consent is never a viable defense for allegations of sexual contact with a minor. Speak with a seasoned lawyer in the area about the defense strategies available in your first-degree sexual assault case.

Contact a Nebraska First-Degree Sexual Assault Attorney Today

While the consequences of a first-degree sexual assault conviction are serious, it is helpful to remember that there are valid defenses to these charges. Berry Law has successfully defended many people in sexual assault cases.

If you are ready to fight back against your accusations, call a Nebraska first-degree sexual assault lawyer today. Set up a confidential consultation to start working on your defense.

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