Petersen Law was voted the Best Of the Big-O for 2015. Each year, consumers in Omaha vote for their favorite businesses. Tom Petersen received the Best Attorney-DUI award. Thank you Omaha!
Thomas M. Petersen was selected as one of the top 50 DUI Lawyers in Nebraska for the 3rd year in a row by the National Advocacy for DUI Defense.
Tom Petersen is a participating member of the National Association of Criminal Defense Lawyers. The NACDL is the foremost legal fraternity on criminal defense.
Society looks at crimes and punishment in varying degrees. Society is very strict when it comes to children and minors. Young people may want to grow up fast and be adults, but they are not. When a sexual assault of a minor occurs, the Courts will come down quite hard on you for a sexual assault of a minor conviction. Sometimes, the young make false allegations of sexual assault out of retribution or spite. You have been accused of sexual assault, choose a criminal defense attorney experienced in sexual assault defense
Sexual Assault of a Minor Penalties
There are a few factors that determine whether you are facing second or third degree sexual assault charges. First, the victim’s age on the date of the assault must be 14 years old or younger and your age must be over 19 when the assault occurred. First degree sexual assault of a minor charges can also take place when the victim is aged between 12 and 16 and you were at least 25 years old. Sexual penetration must have occurred between you and the victim in order for it to be considered sexual assault.
A conviction for first degree sexual assault of a minor is a Class IB felony. You could go to jail for 15 years to life and have to register as a sexual offender. If you have previously been convicted of a first degree sexual assault of a minor, then your minimum prison time goes to 25 years to life.
Second Degree Sexual Assault of a Minor
In order for you to get charged with second degree sexual assault of a minor, you must be at least 19 and the victim is under 14. You must also have had sexual contact with the victim. The law considers sexual contact to occur when you intentionally touch the intimate parts of the victim, even if it is through her clothing. Similarly, it is sexual contact if the victim touches your intimate parts directly or through clothing that is covering them. This touching must be because either you or the victim desired sexual arousal through this touching. If you used your intimate parts to touch any part of the minor’s body, then that is considered to be sexual contact as well.
You will be charged with second-degree sexual assault of a minor if you hurt the child in any way during the assault. This can mean physical injury to the body (including sexual organs) or mental injury that causes anguish or trauma. Grounds for a second-degree sexual assault of a minor also include a situation where you gave her a STD or got her pregnant.
Third Degree Sexual Assault of a Minor
If you did not cause physical injury to the child during the assault, then it is considered to be third degree sexual assault.
You will be facing felony counts regardless of which sexual assault of a minor you are charged with. A second-degree sexual assault of a minor is a Class II felony for the first offense. A third degree sexual assault of a minor is a Class IIIA felony for the first offense.
A Class II felony carries a mandatory minimum of one year in prison, while the maximum is 50 years in prison. Time is served in the Department of Corrections facility rather than a city or county jail.
A Class IIIA felony has no mandatory minimum sentence. The maximum sentence for a Class IIIA felony is five years in prison and a $10,000 fine. If the sentence is less than a year in prison, then the sentence is served in a city or county jail. If the sentence is 1-5 years in prison for third degree sexual assault, then time will be served in a Department of Corrections Facility.
Sex Offender Registration
Upon release from prison, a sexual assault of a minor conviction has lasting consequences. A conviction requires registration with the Nebraska State Patrol within five working days of getting out of prison. It also requires participation in the sex offender registration for ten years after prison or probation.
Relocation requires registration with your local State Patrol office within ten days of the move and reporting where you are living, working, and where you are attending school. If you live in another state and work or go to school in Nebraska, you will have to register with the closest State Patrol office to your job or school.
You will have to provide any different names you may have had and if you change your name legally, your new name will still be tied to the name that is associated with the sexual assault of a minor conviction.
Sex Offender Treatment and Evaluation
You will have to attend a treatment and counseling class the prison facility hosts when you are nearing the end of your prison term. You will be evaluated by a mental health professional on the status of your mental health. This evaluation will determine whether you are a dangerous sex offender or not.
A Good Attorney Can Help
There are times that the law got the wrong person and there are times when the have the right one. Either way, sexually assaulting a minor charges are serious issues. You have a right to defend yourself and it is best to have a knowledgeable attorney help you out. Call Petersen Criminal Defense Law today and set up a time to meet and discuss your case.
