Question: What Are The Penalties For First Degree Sexual Assault In Wisconsin?

Answer: Each of the fifty states in the United States of America has their own legislation surrounding sexual assault, what classifies it, and how it is prosecuted. Having a clear understanding of the different regional regulations and litigation surrounding sexual assault can be an important determining factor in how your case will proceed, if you or a loved one may be facing a sexual assault charge of any kind. 


Types of Sexual Assault Cases


After history and years of other cases surrounding sexual assault, the ruling courts in the state of Wisconsin have outlined very strict guidelines pertaining to sexual crimes and the consequences that can potentially ensue if one is found guilty of committing them. For example, what is known as first-degree sexual assault in the state of Wisconsin is actually labeled as a Class B felony. However, not all sex crimes fall under this category, which is why it is important to understand the specific details outlined in the charges made against you or the person in question. 


These distinctions can expand as the case is opened up into more depth, which can cause a need for a stronger defense for someone charged with committing a crime of sexual contact or intercourse brought about by the use of force or violence, which includes even presenting a threat of force upon the other party in question. If, for any reason, the victim of the sexual assault has experienced great bodily harm resulting from the incident, such as bruising, excessive bleeding, broken bones, etc — that will be a red flag for a judge and jury in a case made against someone accused of sexual assault. Another factor that if revealed can hurt the potential success of your case is if the victim was under the age of consent in our state. Sexual crimes against minors are prosecuted to the highest sense of the law in many states across our nation. Additionally, if the victim experienced pregnancy as a result of having forced intercourse with a person accused of sexually assaulting them, that creates a strong combat point for the prosecution of the victim to use against you in your criminal defense case. Lastly, if the victim faced any mental anguish requiring psychiatric care as a result of the incident, that responsibility will also fall back on the person accused. It is important to note as well that any accomplice who may have aided or abetted in the sexual crime can also be charged.


Class B Felony 


There are different classifications of sexual assault, determining the levels and severity of the incident, another type being known as a class A misdemeanor. However, there are certain facts and pieces of evidence that must be present, proven, and undeniable, in order for someone to be ultimately convicted of a class B felony sexual assault charge in the state of Wisconsin. To be sentenced for a charge of this nature, the state and appointed government officers will have to present proof, through the prosecution of the victims legal tem, that you used force to have sexual contact or sexual intercourse with someone. The use of force is not only a determining factor of facing a class B felony charge, but also proving a lack of consent from the other party is what ultimately brings about a charge of this kind. 


 If you are convicted and found ultimately guilty of committing Class B felony in the state of Wisconsin, you can be in prison for up to 60 years. However, you may not be required to spend all 60 years in prison behind bars. In some cases, 40 years of that lengthy sentence can be ordered to be served in prison. Depending on behavior and circumstances, some judges may allow for the possibility for the other 20 years left in order to complete that sentence to be served on what we used to call parole. This term has now been revised to a more updated and accurate one, what we now call extended supervision. This deal is unique. Every state in the United States of America has their right to their own means of legislation surrounding these matters, and Wisconsin is no exception to that idea. In the legal community, a brief side note for your benefit and context of knowledge during your case, Wisconsin is what we call a Truth In Sentencing state. In a truth sentencing state, unlike other states in their own judicial process, the judge will solely decide how long you will go to prison as a punishment for your crimes, and the judge will then solely decide how long you will be on supervision when you are released from prison, if that day comes for you. All of that being said though, in a Class B felony context, you can be imprisoned overall for up to 60 years. Depending on the leniency and clemency of the judge, they can then decide to officially order 40 years of that sentence to be fulfilled in prison, and the remaining 20 years to be filled on an extended supervision.

Punishments that result from a sexual assault conviction may vary as well based on the specific details of the case at hand. Often times, more intense consequences are given if the sexual assault via violent intercourse caused either pregnancy, or great bodily injury to the victim. This can be evident by the presence of physical deformities such as bruising, cuts, bleeding, broken bones, or other signs of serious injury. Additionally, if the trauma for the incident caused pregnancy or mental anguish requiring psychiatric care or medical care, and appropriate punishment would need to be assessed.

Get The Defense You Deserve; Call Us Today

Whether facing 12 years or 20 years, no one wants to spend time behind bars. Sexual assault charges are aggressively prosecuted in Madison, across Dane County and throughout the state of Wisconsin. Get aggressive legal representation from an attorney who is just as aggressive as the prosecutors. I will provide you a frank assessment of your sexual assault matter. Call 608-620-6239 anytime to request a free initial case review.