Of the three types of sexual assault charges that exist under state law, third-degree sexual assault carries the lightest penalties. However, this is anything but a minor offense. A conviction could result in a lengthy jail term and 15 years as a registered sex offender. Working with a skilled sexual assault attorney could help you prepare to fight these charges.

If you are facing allegations of third-degree sexual assault, the time to act is now. The prosecution will not delay in aggressively pursuing a case against you. You could give yourself the best chance at a strong defense by working with an Omaha third-degree sexual assault lawyer.

Understanding Third-Degree Sexual Assault Charges in Omaha

Third-degree sexual assault occurs when one person subjects another to sexual contact under one of two circumstances. You could face charges if someone accuses you of making sexual contact with another person without his or her consent. You might also face charges if the prosecution believes you made sexual contact with someone you should have known lacked the capacity to consent or object at the time the alleged contact occurred.

The situations that could lead to a third-degree or second-degree sexual assault charge are similar. However, third-degree sexual assault must not result in serious injury to the other party. A conviction for the second-degree charge requires evidence of severe injury to the complaining witness as a result of the sexual contact.

This distinction is important, as a second-degree charge is considered a felony under state law, while a third-degree offense is a misdemeanor. As a Class I misdemeanor, the maximum penalty for third-degree sexual assault is one year in jail, a fine of no more than $1,000, or a combination of the two. An experienced attorney familiar with third-degree sexual assault charges can help you understand the nuances of each type of offense.

Using Consent as a Defense

The defense options available to you can vary depending on the specific facts of your case. However, the most common defense in sex crime cases is consent. Remember, the prosecution must prove beyond a reasonable doubt that there was a lack of consent or inability to consent.

If you can show the other party knowingly consented to the sexual contact, an acquittal is in order. This is only one of the potential defenses that could be available in these cases. A third-degree sexual assault attorney in Omaha can inform you of other possible strategies.

Collateral Consequences of a Conviction

The jail time and fines that come with convictions for third-degree sexual assault are known as statutory penalties. However, these are only some of the consequences that follow these convictions. Collateral consequences are not necessarily included in the court’s ruling but can still negatively impact your life.

After a sexual assault conviction, you must register as a sex offender. This can lead to the loss of a job and difficulty obtaining new employment. Landlords may even deny rental applications due to sex offender status. A determined lawyer can help you fight back against your third-degree sexual assault charges to avoid these collateral consequences.

Call an Omaha Third-Degree Sexual Assault Attorney Right Away

Before you move forward with your case or consider a plea bargain, you should talk to a legal professional. Our attorneys at Berry Law can lend their experience and skill to your case, providing you with the strongest defense possible. Reach out to an Omaha third-degree sexual assault lawyer today to set up 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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