MILWAUKEE FIRST DEGREE SEXUAL ASSAULT DEFENSE
First Degree Sexual Assault Defense
What is First Degree Sexual Assault?
The Milwaukee criminal defense attorneys at Birdsall Obear & Associates have decades of experience being the top sexual assault attorneys in Milwaukee and Sheboygan. A Class B felony for sexual assault can carry stiff penalties with a maximum of 40 years in prison.
The State must prove three elements in First Degree Sexual Assault, according to Section 940.225(1) of the Wisconsin Statutes:
- Has had sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person.
- Has had sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon.
- Is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.
Wisconsin penalty for First Degree Sexual Assault: 40 years (Maximum)
A first degree sexual assault offense focuses on sexual assault causing great bodily harm:
- Did the defendant have sexual contact or sexual intercourse with the victim
- Did the victim consent to the sexual contact or sexual intercourse with the defendant
- That the defendant caused great bodily harm to the victim
In Wisconsin, sexual contact is described as the intentional touching of the victim's intimate part by the defendant and has to be proven to be with purpose, whether to cause sexual arousal, gratification, to sexually humiliate the victim or cause bodily harm.
What is the definition of Sexual Intercourse according to law?
Sexual intercourse is defined as any intrusion into the genital or anal opening of another by any part of a person's body or object; this also includes oral sex.
In proving that the victim did not “consent", the State must show that the victim did not freely agree to have sexual contact with the defendant. 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 a sexual assault case, 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 give 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.
Contact the best Milwaukee and Sheboygan Sexual Assault Defense Lawyers.
Attorneys John A. Birdsall and Kirk B. Obear are Milwaukee criminal attorneys who have won countless cases over the past decades. Their aggressive defense strategy is unsurpassed and has placed them among the best Criminal Defense Lawyers in Milwaukee.
Sexual assault charges many times carry special circumstances that only the Milwaukee criminal lawyers of Birdsall Obear & Associates will know how to confront, confidently and efficiently... and win your case.
Our sexual assault defense lawyers in Sheboygan and Milwaukee know how to confront and challenge illegal police action, whether it's improper search technique or other violations, if we find that your constitutional rights were violated, your case could be dismissed.
Our lawyers are simply the best sexual assault defense law firm Wisconsin has to offer. Contact our Milwaukee Criminal Attorneys at Birdsall Obear & Associates.