Sex offenses involving children are unlike other crimes. While consent is a powerful defense in most sexual assault cases, it is not viable when a minor is involved. Despite this fact, an experienced sexual assault attorney can work with you to build a defense to the prosecution’s case.

According to state law, there are three different levels of sexual assault charges involving children. Each of these offenses carries potentially life-changing sentences upon conviction. An Omaha sexual assault of a child lawyer can help you fight your charges and protect your legal rights.

Types of Charges for Child Sex Abuse

There are three different types of child sexual assault offenses recognized under state law, all of which are felonies. Depending on the severity of the alleged incident, you might face first-degree, second-degree, or third-degree charges.

First-Degree Charges

First-degree sexual assault of a child is the most severe of the three offenses. Under Nebraska Revised Statute Section 28-319.01, there are two different circumstances that could result in a first-degree charge. Each of them depends on the age of the parties involved.

A person aged 25 or older has committed first-degree sexual assault of a child if he or she subjected a person between the ages of 12 and 16 to any form of sexual penetration. Alternatively, an individual that is age 19 or older has committed this crime if he or she sexually penetrated a person under the age of 12.

Second-Degree Charges

Unlike the first-degree offense, sexual assault on a child in the second degree does not require sexual penetration. Instead, this offense involves sexual contact that leads to a serious physical injury. This offense is only appropriate when it involves contact between an adult 19 years or older and a child under the age of 15.

Third-Degree Charges

Third-degree sexual assault of a child involves sexual contact that does not include sexual penetration or result in serious injury. These cases must involve an adult 19 years or old as well as a child that is 14 years old or younger. The legal team at Berry Law has handled many severe sexual assault cases, including those involving minors. A skilled attorney can help you no matter the type of charges you are facing.

Potential Penalties of a Conviction for Sexual Assault of a Child in Omaha

Each of the criminal charges discussed above comes with severe penalties upon conviction. As a Class IB felony, first-degree sexual assault of a child carries the steepest penalties. Each first-degree offense has a mandatory minimum sentence of 15 years in prison. However, the prison term could be between 20 years to life in prison.

Second-degree sexual assault of a minor is a Class II felony and carries a potential prison term between one and fifty years upon conviction. Of three offenses, third-degree sexual assault of a child is the least severe. However, you should not underestimate the impact of a conviction. As a Class IIIA felony, a conviction for third-degree child sex abuse could lead to as much as five years in state prison.

How Prior Convictions Can Impact Sentencing

Having prior criminal convictions can significantly impact sentencing upon conviction. In first-degree and second-degree cases, a prior sex crime conviction can lead to a minimum of 25 years in prison if convicted. Similarly, a third-degree charge could be bumped to a Class IC felony, which has a maximum prison term of 50 years, if you have prior convictions. A proactive attorney in Omaha can help you build a defense to sexual assault of a child charges or even urge the court to reduce the charge to a lesser offense.

Talk to an Omaha Sexual Assault of a Child Attorney Today

Sexual assault of a child is a serious offense that carries lifelong consequences. Given what is at stake, it is vital that you begin forming a defense as soon as possible.

An Omaha sexual assault of a child lawyer can advise you on your defense options and help you prepare for trial. Contact Berry Law right away to get started with a confidential consultation.

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    Berry Law Berry Law Firm N/A 402-215-0979
    • Omaha Office
      1414 Harney St Suite 400 Omaha
      NE 68102

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