WI Sexual Assault Charge Defense Lawyers in Milwaukee & Waukesha

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Wisconsin Statute 940.225 defines sexual assault, cited in part below, as follows:

1st degree sexual assault:  Whoever has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person; or has sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon; or 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.


2nd degree sexual assault:  Whoever has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence; or has sexual contact or sexual intercourse with another person without consent of that person and causes injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care for the victim; or has sexual contact or sexual intercourse with a person who suffers from a mental illness or deficiency which renders that person temporarily or permanently incapable of appraising the person's conduct, and the defendant knows of such condition; or has sexual contact or sexual intercourse with a person who is under the influence of an intoxicant to a degree which renders that person incapable of giving consent if the defendant has actual knowledge that the person is incapable of giving consent and the defendant has the purpose to have sexual contact or sexual intercourse with the person while the person is incapable of giving consent; or has sexual contact or sexual intercourse with a person who the defendant knows is unconscious; or is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without the consent of that person.

3rd degree sexual assault: Whoever has sexual intercourse with a person without the consent of that person; or whoever has sexual contact with a person without the consent of the person, including sexual contact by: intentional penile ejaculation of ejaculate or intentional emission of urine or feces by the defendant or, upon the defendant's instruction, by another person upon any part of the body clothed or unclothed of the complainant if that ejaculation or emission is either for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant, or  intentionally causing the complainant to ejaculate or emit urine or feces on any part of the defendant's body, whether clothed or unclothed, for the purpose of sexually degrading or humiliating the complainant or sexually arousing or gratifying the defendant.

4th degree sexual assault: Whoever has sexual contact with a person without the consent of that person, except of the type of sexual contact that constitutes 3rd degree sexual assault.

* Sexual contact means: any of the following types of intentional touching, whether direct or through clothing, if that intentional touching is either for the purpose of sexually degrading; or for the purpose of sexually humiliating the complainant or sexually arousing or gratifying the defendant or if the touching contains the elements of actual or attempted battery under Wisconsin Statutes 940.19 (1):
  • Intentional touching by the defendant or, upon the defendant's instruction, by another person, by the use of any body part or object, of the complainant's intimate parts.
  • Intentional touching by the complainant, by the use of any body part or object, of the defendant's intimate parts or, if done upon the defendant's instructions, the intimate parts of another person.
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For more information about our Wisconsin sex crime lawyers in Milwaukee, criminal defense attorneys in Waukesha,  or about any of our other legal services available at our Milwaukee law offices, please contact us today!  Click here for links to Wisconsin courts, jail inmate locators, and other Wisconsin criminal law resources.
Waukesha and Milwaukee Rape Defense Lawyers in Wisconsin
CRIMINAL LAW PRACTICE
A Wisconsin sexual assault charge in Milwaukee or Waukesha is a serious offense that subjects you to significant consequences.  It is a crime to have non-consensual sexual contact with another person, and if weapons or the threat of violence is involved, penalties are even more severe. In Milwaukee, Waukesha, or anywhere in WI, if you are criminally charged with rape or other sexual assault offense, you need aggressive representation.  The Milwaukee criminal defense attorneys in at Gamiño Law Offices have experience in various kinds of WI sex crimes, including rape.  

It is our mission to be the best Wisconsin criminal defense lawyers in Waukesha, Milwaukee, and the area - we guard you, your rights, your reputation, your job, your future, and your freedom!  If you have been arrested or charged with a sexual assault crime in Milwaukee, WI, or anywhere in Southeastern Wisconsin, call us right away.  Any time you are under investigation in Wisconsin for a rape or other criminal offense, tell police officers that you wish to speak with an attorney immediately. Early intervention by an experienced Milwaukee criminal defense lawyer makes all the difference in the outcome of a criminal case in Wisconsin.

Not all criminal defense lawyers in Wisconsin have the trial skills and ability to present a compelling case in court or negotiate a favorable plea agreement. At Gamiño Law Offices, our team of accomplished criminal trial and appellate attorneys have an impressive record of winning litigation skills, from pretrial motions to court or jury trials, and appeals. With more than 30 years of combined experience, we have the competent skill and aggressive ability necessary to get the results you need.
Wisconsin Rape Charges
Possible sentencing consequences when charged with rape in Milwaukee, Waukesha or elsewhere in Wisconsin
If convicted of sexual assault in Wisconsin the penalties can be severe, including possibly being required to register as a sex offender in Wisconsin - call experienced Milwaukee sexual assault lawyers right away if you are accused of a rape.

1st Degree Sexual Assault penalty:  First degree sexual assault is a Class B Felony which allows for a maximum term of imprisonment of up to 60 years, with a maximum of 40 years of initial confinement and a maximum of 20 years of extended supervision.  If convicted of First Degree Sexual Assault in Wisconsin Sex Offender Registration is required.

2nd Degree Sexual Assault penalty: Second degree sexual assault is a Class C Felony which allows for a maximum term of imprisonment of up to 40 years, with a maximum of 25 years of initial confinement, a maximum of 15 years of extended supervision, and a fine of up to $100,000. If convicted of Second Degree Sexual Assault in Wisconsin Sex Offender Registration is required.

3rd Degree Sexual Assault penalty:  Third degree sexual assault is a Class G Felony which allows for a maximum term of imprisonment of up to 10 years, with a maximum of 5 years of initial confinement, a maximum of 5 years of extended supervision, and a fine of up to $25,000. If convicted of Third Degree Sexual Assault, Sex Offender Registration in Wisconsin is required.

4th Degree Sexual Assault penalty:  Fourth degree sexual assault is a Class A Misdemeanor which allows for a maximum term of imprisonment of up to 9 months in jail, and a fine of up to $10,000.

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