Sexual Assault Defense Lawyers | Wisconsin Defense Attorneys
If you have been charged with a sexual assault or accused of a sexual assault it is important that you contact an experienced defense attorney immediately. An expert defense attorney will be able to explain to you the most recent aspects of any sexual assault charge. Birdsall Law Offices can defend against any 1st Degree Sexual Assault Charge, 2nd Degree Sexual Assault Charge, 3rd Degree Sexual Assault Charge or any other charge related to sexual assault. Also, Birdsall Law Offices can defend against State and Federal Criminal Charges. The penalties for sexual assault charges can include many years in jail or prison and require you to register with the sex offender registry. Due to the extreme penalties involved with a sexual assault charge, you will want to contact an experienced defense lawyer immediately to defend you in the legal process that is involved with a sexual assault case. Birdsall Law Offices offers a free one hour consultation to discuss the details of your case so one of our experienced and proffessional defense attorneys can give you some input on your case to put you at ease. It is never a good idea to act as your own defense attorney in a charge as serious as a sexual assault. Call Birdsall Law Offices today to set up a consultation with one of our defense lawyers. We will make time to meet with you and discuss the details of your sexual assault charge or any other criminal defense needs you may have.
If you've been charged with a sex crime the attorneys at the Birdsall Law Offices located in both Milwaukee, WI and Green Bay, WI are ready to defend and protect you. Sometimes, what may be considered by one person to be consensual sex results in a criminal charge for date rape. Or, viewing a particular website – no matter a person's knowledge or intentions – leads to multiple charges for possession of child pornography. Sex crimes carry a lifetime of consequences and ruin more than just your reputation In addition to your liberty, you can lose your job, marriage, and children. People convicted of sex crimes can be publicly identified as a sex offender and, in most communities, can be forced to move. The criminal defense lawyers at Birdsall Law Offices defend people facing the fear and uncertainty that comes with being accused of any type of sex crime. Please contact us to call or email our law office in either Milwaukee or Green Bay today for a free consultation to learn how we can defend and protect you.
The State must prove 3 elements:
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You had "sexual contact/intercourse" with the victim
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The victim did not consent to the sexual contact/intercourse
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You caused "great bodily harm" to the victim
In proving that the victim did not "consent," the State must show that the victim did not freely agree to have sexual contact with you. This does not require that the victim offered physical resistance. The person only needs to say "no" or claim that they said "no." In defending these cases, the actions of both parties come into play. For example, a woman claiming rape who was drinking heavily, and acting very sexually toward you, and then voluntarily went with you, will not be easily believed on the matter of consent. The jury could conclude that under the circumstances she did indeed consent. The degree of harm is also a variable in sexual assault cases. What one juror finds to be a "great bodily harm" may be viewed by another as just "bodily harm" or even no harm.
In Second Degree Sexual Assault, the State must prove 3 elements:
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You had "sexual contact/intercourse" with the victim
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The victim did not consent to the sexual contact/intercourse
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You had sexual contact/intercourse with the victim by "use or threat of force or violence"
To prove Third Degree Sexual Assault, the State must prove the same first two elements as Second Degree, but the "force" or "harm" element is eliminated. Third Degree Sexual Assault may be charged if there is alleged contact or intercourse without expressed consent if a person is passed out because of alcohol or drugs or is asleep. One way to defend against this charge is to require that the State and the victim proved beyond reasonable doubt that the contact/intercourse occurred.
> Wisconsin penalty for Sexual Assault:
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First degree sexual assault: 40 years (Maximum)
- Second degree sexual assault: 25 years (Maximum)
- Third degree sexual assault: 5 years (Maximum)





