While there is no such thing as a minor sexual assault charge, the most severe penalties come with a first-degree sexual assault conviction. The charges and arrest alone could have a damaging impact on your reputation.

If you are facing these severe charges, you should seek the help of a skilled defense attorney right away. An Omaha first-degree sexual assault lawyer at Berry Law can work with you to fight the charges levied against you.

Our attorneys have won jury trials for a number of clients facing criminal charges related to sexual assault. We have the experience needed to defend your reputation, your livelihood, and most importantly, your future. Contact Berry Law today to schedule a confidential consultation with a dedicated first-degree sexual assault lawyer.

Defining First-Degree Sexual Assault

The offense of first-degree sexual assault is defined by Nebraska Revised Statute Section 28-319. Prosecutors charge this crime as a Class II felony, making it one of the most severe offenses under state law. The state must prove one of three primary elements to obtain a first-degree sexual assault conviction:

  • The defendant subjected another person to sexual penetration despite knowing that person had not consented
  • The defendant sexually penetrated a person they knew or should have known was mentally or physically incapable of consenting
  • The defendant was at least 19 years of age, and the other party was at least 12 but less than 16 years old

As a Class II felony, a first-degree sexual assault conviction could lead to up to 50 years in prison. If you have a prior conviction for first-degree sexual assault, a subsequent conviction carries a minimum prison term of 25 years.

When determining a sentence following a conviction, the court must also determine if the assault resulted in serious injury. If it did, that would impact the sentence issued by the court. If you were recently arrested for first-degree sexual assault, a seasoned lawyer can help you understand your charges.

Collateral Consequences of a Conviction

If you are convicted of first-degree sexual assault, you may face more than just steep fines or time in prison. You will be required to register as a sex offender, which can carry consequences long after your prison term comes to an end. Registered sex offenders face restrictions on where they can live and whom they can interact with. Failure to update the state on their living arrangements could also result in a return to prison.

As a registered sex offender, you may also be denied housing or employment. A conviction could even negatively impact immigration status or child custody proceedings. As first-degree sexual assault is a felony offense, a conviction will also result in the loss of the right to vote and own firearms. An Omaha sex assault attorney can develop a strategy to fight back against your charges to avoid the collateral consequences of a first-degree sexual assault conviction.

Talk to an Omaha First-Degree Sexual Assault Attorney Today

If you are under investigation for first-degree sexual assault, it is never too early to speak with legal counsel about your options. An attorney can not only advise you of your rights, but also work tirelessly to fight the prosecutor’s case.

Do not hesitate to find effective legal representation for your charges as this is likely the most important battle of your life. Contact an Omaha first-degree sexual assault lawyer as soon as possible to schedule a confidential consultation.

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

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