Sexual assault is a serious crime that can destroy both your professional and personal lives, and possibly land you on the National Sex Offender Registry for life.
An experienced sex crime attorney can help defend you against charges and protect your future. Proving your innocence beyond reasonable doubt is your best defense strategy. Reaching out to a reputable criminal law firm Scarborough can prove to be very beneficial when facing a serious charge like sexual assault.
1. Aggravating Factors
Sexual assault and rape are serious crimes; when aggravating factors come into play, their penalties can become life-changing. Consulting a criminal attorney will give you a better idea of what could await if charged with aggravated sexual assault (considered the most severe form of the crime).
Aggravating factors may include using a dangerous weapon, inflicting bodily harm or stalking someone. Depending on the circumstances, charges of first or second degree aggravated sexual assault could result, with significant jail time and fines attached.
Aggravated sexual assault charges can have severe repercussions for your career, reputation and freedom. It’s imperative that if charged, it immediately consult a Denver felony lawyer as state prosecutors must prove every element beyond reasonable doubt in order to obtain convictions; otherwise they risk having them dropped altogether. An experienced criminal defense lawyer will analyze all evidence presented against you in your case and present strong arguments in support of your innocence.
2. Increased Penalties
Sexual assault charges can have devastating repercussions for a person and his or her reputation, family relationships and penalties. Before state prosecutors can obtain conviction on such charges, however, they must establish all elements beyond reasonable doubt in order to secure conviction.
After finding someone guilty of sexual crimes, judges usually apply a suitable punishment based on each unique situation. Many states impose minimum and maximum prison sentence ranges for sexual assault offenses while other penalties such as fines may also apply. Judges will take into consideration both aggravating and mitigating factors before reaching a decision; for example whether there was any indication of regret from the defendant or other factors justifying more lenient punishments.
Additionally, some states may enact laws that enable judges to impose mandatory sentences in sexual assault cases involving certain factors – including when an alleged victim is disabled, elderly, under age 16, when weapons were used or when repeat offenders are involved.
3. Defenses
Sexual assault charges have several viable defenses available to them, depending on the allegations leveled against them. Proving consent may be critical when facing these accusations; certain states allow defendants to argue they acted in good faith belief that the victim had given affirmative and free consent, such as where medical professionals perform vaginal examinations as part of routine health exams or even emergency situations.
Other defenses for aggravated sexual assault cases can include alibi or proof of innocence arguments, such as hotel receipts, plane tickets or credit card bills proving your absence at the time of an alleged crime. Your lawyer can challenge eyewitness testimony by showing inconsistencies or showing proof of false identification from witness statements.
Conviction for an aggravated sexual assault may include jail sentences as well as life-time probation restrictions and registration as a sex offender, which could restrict employment opportunities and hinder visiting children or family members.
4. Sentencing
Dependent upon the crime and state jurisdiction, those charged with aggravated sexual assault could be subject to various penalties. It generally falls into the category of class A or first-degree felonies which carry lengthy prison terms with associated fines.
Iowa law considers sexual assault an aggravated crime if a suspect engages in any sexual penetration or anal contact without consent with children under fourteen years old, without their knowledge and consent. Coercion by force or threats into engaging in sexual relations also counts as an act of aggravated sexual assault.
Convictions for this form of sexual assault may lead to severe penalties, including prison sentences, fines and registration as a sex offender. Hiring an experienced sex crimes defense attorney is essential if you hope to have any chance at having charges reduced or dropped altogether.
