What is second degree sexual assault?

The Milwaukee criminal defense attorneys at Birdsall Obear & Associates have decades of experience being the top sexual assault attorneys in Milwaukee and Sheboygan. A Class C felony for second degree sexual assault in Milwaukee carries penalties with a maximum of 25 years in prison.

The State must prove these ten elements in Second Degree Sexual Assault, according to Section 940.225(2) of the Wisconsin Statutes:

1. Has had sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.
2. 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.
3. 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.
4. 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.
5. Has sexual contact or sexual intercourse with a person who the defendant knows is unconscious.
6. 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.
7. Is an employee of a facility or program under s. 940.295 (2) (b), (c), (h) or (k) and has sexual contact or sexual intercourse with a person who is a patient or resident of the facility or program.
8. Has sexual contact or sexual intercourse with an individual who is confined in a correctional institution if the actor is a correctional staff member. This paragraph does not apply if the individual with whom the actor has sexual contact or sexual intercourse is subject to prosecution for the sexual contact or sexual intercourse under this section.
9. Has sexual contact or sexual intercourse with an individual who is on probation, parole, or extended supervision if the actor is a probation, parole, or extended supervision agent who supervises the individual, either directly or through a subordinate, in his or her capacity as a probation, parole, or extended supervision agent or who has influenced or has attempted to influence another probation, parole, or extended supervision agent's supervision of the individual. This paragraph does not apply if the individual with whom the actor has sexual contact or sexual intercourse is subject to prosecution for the sexual contact or sexual intercourse under this section.
10. Is a licensee, employee, or nonclient resident of an entity, as defined in s. 48.685 (1) (b) or 50.065 (1) (c), and has sexual contact or sexual intercourse with a client of the entity.

Wisconsin penalty for Second Degree Sexual Assault: 25 years (Maximum)

The state needs to prove beyond a reasonable doubt, each of the following:

1. That the defendant has sexual contact with the victim
2. That the victim did not consent
3. That the defendant used threat or force to have sexual contact with the victim

Should the state be unable to prove all three, the defendant cannot be found guilty of the charges.

Contact the best Milwaukee and Sheboygan Sexual Assault Defense Lawyers.

Call Birdsall Obear & Associates.

Attorneys John A. Birdsall and Kirk B. Obear are Milwaukee criminal attorneys who have won countless cases over the past decades. Their aggressive defense strategy is unsurpassed and has placed them among the best Criminal Defense Lawyers in Milwaukee.

Sexual assault charges many times carry special circumstances that only the Milwaukee criminal lawyers of Birdsall Obear & Associates will know how to confront, confidently and efficiently... and win your case.

Our sexual assault defense lawyers in Sheboygan and Milwaukee know how to confront and challenge illegal police action, whether it's improper search technique or other violations, if we find that your constitutional rights were violated, your case could be dismissed.

Our lawyers are simply the best sexual assault defense law firm Wisconsin has to offer. Contact our Milwaukee Criminal Attorneys at Birdsall Obear & Associates.