From challenging legal proceedings to lasting social stigma, a sexual assault charge can irreparably change your life. These charges can cause lasting permanent damage to your reputation as well as the loss of your freedom accompanied by job loss and financial duress. Even the mere rumor of sexual misconduct can create a social stigma that is devastating to you and your future. Furthermore, a permanent criminal record of this offense accessible by anyone conducting a routine background check can limit future opportunities for employment, housing, advanced education, or professional licenses.
All of this can be overwhelming and highly stressful. Your legal case involving accusations and charges can be extremely complex and often based on misunderstandings, exaggerations, and even false information. To ensure you have the capability of fighting back, you will need a trusted and proven criminal defense lawyer. At Island Law Office, PC, LLO, our team understands the devastating nature of the situation you are in and will work aggressively to give you an effective defense strategy.
What Is Sexual Assault in Nebraska?
Sexual assault consists of the following misdemeanors and felonies.
SEXUAL ASSAULT IN THE FIRST DEGREE
This is a Class II felony that involves sexual penetration in the following scenarios:
- It is committed without the alleged victim’s consent,
- The alleged offender knew or should have known that the victim was incapable of resisting due to mental or physical factors,
- The alleged offender was aged 19 or older while the victim was between 12 and 15 (under the age of 16) at the time of the incident.
Penalties include one to 50 years in prison with required sex offender registration of 25 years or life, depending on the circumstances. A prior conviction of this offense will result in a mandatory minimum prison sentence of 25 years. In imposing penalties, the courts will consider whether the alleged victim suffered a serious injury.
SEXUAL ASSAULT IN THE SECOND DEGREE
This is a Class IIA felony based on the following:
- The alleged victim did not consent to the act due to physical force used by the offender.
- The offender was aware that the alleged victim was helpless or mentally incapacitated at the time of the incident.
The penalties for this offense can include up to 20 years of prison time and 25 years of sex offender registration.
SEXUAL ASSAULT IN THE THIRD DEGREE
This offense has the same elements as sexual assault in the second degree. However, it does not involve serious injury to the alleged victim. It is generally charged as a Class 1 misdemeanor punishable by up to a year of incarceration.
Ensure You Have a Strategic Defense
If you have been charged with sexual assault in the panhandle, it is highly recommended that you seek the counsel of an experienced criminal defense attorney. Our attorney can advise you on your legal rights and provide detailed knowledge regarding your specific case.
With our help, you will be able to maximize your chances of the most favorable outcome possible. We may also be able to negotiate reduced charges or lesser penalties where applicable. Our team at Island Law Office, PC, LLO can be the professional ally you need when facing such serious allegations.