Difference between 1st 2nd 3rd degree sexual assault

Perhaps no charge, except murder, creates more fear in a defendant than a criminal sexual conduct (CSC) charge. To be convicted of one of these charges is to labeled by many people in society as a sexual predator or a child molester. There are four categories of sexual assault charges in Michigan. A person convicted of CSC charges in the first, second and third degree will almost certainly be sentenced to prison time. The vast majority of people convicted of CSC in the fourth degree usually spend some time in jail.  People convicted for these crimes also have to register as a sex offender in Michigan. This article will deal with the differences between the four categories. This blog post will clearly explain the differences between differences between 1st 2nd 3rd Degree Sexual Assault. 

In order to figure out what type of a criminal sexual assault charges a person might be facing, a determination must be determined to see if there was penetration. Penetration does not mean only sexual intercourse, it also includes oral sex, an intrustion of any part of the human body into anal or genital openings. 

If an allegation of sexual assault includes any type of penetration, it will fall into 1st degree or 3rd degree CSC. 

Do you know someone who has been charged or convicted of criminal sexual assault?

Are you wondering what the maximum penalty is for criminal sexual assault?

Being charged with criminal sexual assault could have life-altering consequences. Consequences include prison time, registering for the sex offender registry, and or jail time. It is vital to have the facts and, more importantly, understand those facts.

Charged with Criminal Sexual Assault

When charged with criminal sexual assault, the “actor” will be charged with one of four degrees of criminal sexual conduct. Before we break down each degree of criminal sexual conduct (CSC), let’s start with a few definitions. These definitions will help in clarifying each degree of CSC and are provided by the Michigan Penal Code Section 750.520a.

• The actor is the person accused of criminal sexual conduct.
• Intimate parts are defined as “primary genital area, groin, inner thigh, buttock, or breast” of a person.
• Sexual contact is defined as any deliberate touching of other person’s intimate parts. It can also be defined as the deliberate touching of another person’s clothing covering intimate parts for sexual arousal.
• Sexual penetration is defined by sexual intercourse, cunnilingus, fellatio, anal intercourse, or “intrusion” into a genital or anal opening by any other body part or object.

For more definitions, please refer to the Michigan Penal Code at the Michigan Legislature website. First and third degrees involve a sexual assault that includes sexual penetration. Second and fourth degrees involve sexual assault with sexual contact.

First Degree Criminal Sexual Conduct

When someone is charged with criminal sexual conduct in the first degree, “sexual penetration,” defined above, is involved and one of the possible situations below.

• The victim is under the age of 13.
• The victim is over the age of 13 but under the age of 16 and one of the following:
  • The actor or the person accused of sexual assault is a part of the same household as the victim.
  • The actor is blood-related to the victim.
  • The actor is in a position of authority over the victim and used force or coerce.
  • The actor is a teacher, substitute teacher, or an administrator at a public school.
• Use of a weapon or an object that appears to be a weapon.
• The actor uses physical force or physical violence to overcome the victim.

First degree criminal sexual conduct is a felony charge. If convicted of criminal sexual conduct in the first degree, the actor or defendant will face life in prison and requirements to wear an electronic monitor for life. For a list of all circumstances pertaining to criminal sexual conduct in the first degree as defined by the Michigan Legislature, please see Section 750.520b.

Second Degree Criminal Sexual Conduct

When someone is charged with criminal sexual conduct in the second degree, there has been “sexual contact.” Sexual contact is defined above and includes sexual contact with any one of the following situations.

• The victim is under the age of 13.
• The victim is over the age of 13 but under the age of 16 and one of the following:
  • The actor is a part of the same household as the victim.
  • The actor is blood-related to the victim.
  • The actor is in a position of authority over the victim and used force or coerce.
  • The actor is a teacher, substitute teacher, or an administrator at a public school.

Second degree criminal sexual conduct is a felony charge, and if convicted, you could face up to 15 years in prison and be required to wear an electronic monitor. For the entire list of criminal sexual conduct in the second degree, please see Section 750.520c of the Michigan Legislature’s website.

Third Degree Criminal Sexual Conduct

When someone is charged with third degree criminal sexual conduct, again like first degree, there is some form of sexual penetration and one of the following situations.

• The victim is between 13 years of age and 16 years of age.
• When penetration is accomplished by force or coercion.
• When the victim is mentally incapable, mentally incapacitated, or physically helpless, and the actor knows or has reason to know.

Third degree criminal sexual conduct is a felony charge. If convicted, the defendant faced 15 years in prison. For a full list of situations for criminal sexual conduct in the third degree, according to the Michigan Legislative, please see Section 750.520d.

Fourth Degree Criminal Sexual Conduct

When someone is charged with fourth degree criminal sexual conduct, it means there was some form of sexual contact and one of the following situations.

• The victim is between 13 years of age and 16 years of age, and the actor is five or more years older.
• To accomplish sexual contact, force or coercion was used.
• When the victim is mentally incapable, mentally incapacitated, or physically helpless, and the actor knows or has reason to know.

Fourth degree CSC is a misdemeanor charge, and if convicted, the defendant faces up to 2 years in prison. For the full list of criminal sexual conduct in the fourth degree, please see Section 750.520e at the Michigan Legislature’s website.

Takeaway

It is life alternating to be charged with sexual assault. While most Americans maintain innocence until proved guilty, that is often not the case with these kinds of charges. Make sure that if you or someone you know is being investigated for sexual assault, that they have an experienced criminal defense attorney on their side, fighting for their freedom. Please contact me:

Call Now

 

Disclosure: Please note that the information provided on this website is not legal advice. This information is a general overview for informational purposes only. If you have specific questions about your unique case, please contact my office.

Penalties for sexual assault depend on the class of the felony in Wisconsin. 1st-degree sexual assault causing injury: life imprisonment; 1st degree: up to 60 years imprisonment; 2nd degree: 40 years in prison and fines up to $100,000.

What are the Degrees & Penalties of Sexual Assault in Wisconsin?

Types of 1st Degree Sexual Assault in Wisconsin

Broadly, there are four types of 1st degree sexual assault.

1. First, there is non-consensual sexual contact that results in pregnancy or great bodily harm.
2. Second, there is sexual contact involving the use or threat of a deadly weapon, such as a gun or switchblade in Wisconsin. Even a fake gun counts, as long as the victim believes it’s a deadly weapon.
3. Third, there is violent non-consensual sexual contact aided by another person, such as in the case of gang rape.
4. Fourth, there is sexual contact with a child under the age of 16 by threat of force or violence.

The penalty: In general, 1st degree sexual assault is a Class B felony, carrying up to 60 years in prison.

However, if the victim was under 13 and the assault resulted in injury, you could be facing life behind bars.

Types of 2nd Degree Sexual Assault in Wisconsin

2nd degree sexual assault is an even broader category. It includes:

1. Sexual contact by threat of force or violence or that results in injury, disease, or mental anguish requiring psychiatric care.
2. Also included is sexual assault aided by another person, but without violence. This category also covers sex with an intoxicated, unconscious, or mentally impaired person, a caregiver having sex with a patient, and a prison guard or parole officer having sex with an inmate/parolee.
3. If sexual contact with a child under 16 does not include threats or violence and does not result in injury, it becomes a 2nd degree sexual assault.

The penalty: These crimes are Class C felonies, carrying the penalty of up to 40 years in prison and/or a $100,000 fine.

Types of 3rd Degree Sexual Assault in Wisconsin

1. 3rd-degree sexual assault includes:
2. Any other non-consensual sex
3. Ejaculating, urinating, or defecating on someone.

The penalty: This is a Class G felony, and you could face up to 10 years in prison and/or a $25,000 fine.

4th Degree Sexual Assault in Wisconsin

Finally, 4th-degree sexual assault covers any other non-consensual sexual contact, short of intercourse. Groping falls under this category.

The penalty: As a Class A misdemeanor, these crimes carry penalties of up to 9 months incarceration and/or a $10,000 fine.

Clearly, even the most “minor” class of sexual assault could ruin you financially and destroy your career, family, and reputation.

Here’s how you win a sexual assault case in the state of Wisconsin: contact Grieve Law.

If you’re facing any type of sexual assault accusations, contact our experienced criminal defense attorneys at Grieve Law in Waukesha County.

We will provide you with a free consultation, review the facts of your case, and advise you on the best way to proceed.

Remember, you are only guilty if you are convicted.

Contact Grieve Law to schedule a free case consultation.

Are You Facing a

FELONY

 Charge for Sexual Assault in Wisconsin?

Depending on the severity of the crime, you could be facing a felony charge that results in a lifetime behind bars and up to $100,000 in fines. The best way to lessen your penalties below the maximum sentence and fines is to hire a criminal defense lawyer who is knowledgeable on these types of crimes. 

Types of charges you could be facing: 

• Sexual Assult of a minor under the age of 13 - 

  Sexual assault of a minor under the age of 13 will result in a Class A felony charge in Wisconsin. This type of charge will result in a life prison sentence.

• 1st Degree Sexual Assault - 

  If you’re being charged with a Class B felony for 1st degree Sexual Assault you could be facing up to 60 years in state prison.

• 2nd-degree sexual assault - 

  If you’ve committed 2nd-degree sexual assault, you’ll be facing charges associated with committing a Class C felony . This type of felony will earn you up to $100,000 in fines and 40 years in prison.

• Child Enticement - 

  Being caught attempting to lure a child to an isolated place to engage in sexual activity (child enticement) would result in Class D Felony charges. A class D felony calls for up to 25 years of prison time and fines up to $100,000.

• Failure to act in a case of the sexual assault of a child - 

  Getting charged with failure to act in a case of the sexual assault of a child would be categorized as a Class F Felony . In Wisconsin, this type of charge would result in 12 years in state prison, $25,000 in fines, or both.

• 3rd-degree sexual assault - 

  A 3rd-degree sexual assault charge in Wisconsin is a Class G Felony . This type of felony is punishable by up to 10 years in prison and a maximum fine of $25,000.

In Wisconsin, how long does a sexual assault charge stay on your record?

A sex crime conviction will remain on your record for life in Wisconsin. 

How to Reduce Sexual Assault Penalties

If you have been accused of sexual assault in Wisconsin and you’re wondering what to do next, finding an experienced sexual assault lawyer is your first step. 

Whether you are facing 1st-degree or 4th-degree sexual assault charges, Grieve Law has the strategic defenses to reduce sexual assault penalties. No law office in Wisconsin can match Grieve Law’s record of reducing clients’ charges. 

Tom Grieve’s success as a criminal defense attorney has earned him the respect of many in legal circles and the public. Named among the best attorneys in Wisconsin, Tom Grieve has been named a Top Criminal Defense Attorney in the Country by Newsweek. He has also been inducted to the “Wisconsin Rising Stars” by Super Lawyers.

 

How is sexual assault defined in Wisconsin?

The definition of sexual assault can vary depending what degree of sexual assault, there are four. First, second, third, and fourth.

What is the minimum sentence for sexual assault in Wisconsin?

Not all sexual assault charges have a minimum sentence. Each crime has maximum possible penalties and only a few have minimum penalties, such as prison if convicted.

What is sexual assault 1st Degree?

There are multiple definitions. Generally speaking, it is defined as sexual intercourse with a person without their consent resulting in great bodily harm or threat/use of force with a dangerous weapon.

How long is jail time for sexual assault in Wisconsin?

If you are convicted of a serious sexual assault offense, you are likely facing prison time. However, there are multiple levels of sexual assault, and may not always result in jail or prison time.