Sexual assault is a felony charge that police, prosecutors, and judges take seriously. In these cases, it can be challenging to get law enforcement to consider your side of the story. You need legal representation to protect your rights and best interests.

Contact a New Britain sexual assault lawyer at Ruane Attorneys. Our criminal defense attorneys can work to challenge the evidence against you and force the prosecution to substantiate their claims.

How the Law Defines Sexual Assault

Sexual assault charges range from first to fourth degree. All sexual assaults involve unwanted physical contact without consent. Other factors determine the severity of the charge.

Prosecutors may over-charge sex crimes, leading to harsher potential penalties than the facts warrant. A New Britain attorney could ensure that a prosecutor has sufficient evidence to support every element of a sexual assault charge or seek to have the charges reduced or dismissed.

First-Degree Sexual Assault

First-degree sexual assault charges assert that the defendant had sexual intercourse by physical force or coercion or that the other party could not consent because of intoxication or a lack of capacity. If the defendant allegedly possessed a weapon or intentionally caused a physical injury, the charge could be aggravated sexual assault.

In most cases, first-degree sexual assault is a class B felony under Connecticut General Statute §53a-70. This offense is punishable by a mandatory minimum two-year prison sentence up to a maximum of 40.

Second-Degree Sexual Assault

Connecticut General Statute §53a-71 prohibits sexual intercourse between someone at least 13 but younger than 16 if the defendant is three years older. This charge could also apply if the person holds a position of trust, such as a coach, stepparent, teacher, or member of the clergy.

The mandatory minimum sentence is nine months in prison, with a maximum of ten years.

Third-Degree Sexual Assault

Sexual contact through force or threatened force is third-degree sexual assault. Sexual contact means touching or fondling of genitals, buttocks, or breasts. Intercourse is not a necessary component of this charge.

Under Conn. Gen. Stat. § 53a-72a, sexual assault in the third degree is a class D felony unless the alleged victim is under 16. In this case, it is a class C felony.

Fourth-Degree Sexual Assault

This crime occurs when sexual contact happens between someone who cannot consent because they are a minor or mentally incapacitated due to disability. This charge also applies if the accused is in a position of authority or trust over the alleged victim.

If the alleged victim is a minor, the crime is a Class D felony, and the sentence could be up to five years in prison. If the alleged victim is an adult, the crime is a Class A misdemeanor, punishable by up to one year in jail.

Sex Offender Registration in New Britain

When someone finishes serving their prison term after a sex crime conviction, they still face significant consequences. The law requires anyone with a sexual assault conviction to register as a sex offender. Their identifying data will appear in an online database accessible to the public.

Anyone convicted of a violent sexual offense is subject to lifetime registration. If the offense was non-violent, the offender must register for ten years for the first offense. Repeat offenders are subject to lifetime registration. Defending against a sexual assault conviction with a local attorney is essential to avoid registration and protect one’s future.

Defending Sexual Assault Charges

A New Britain lawyer must tailor a defense to the specific sexual assault charges. Several defenses are often applicable and effective in these cases.

Challenging the forensic evidence could yield favorable results. The police and medical personnel must handle evidence carefully and follow specific procedures to maintain the chain of custody. A defense attorney could question the reliability of any tests and show that the chain of custody was not maintained, leading to possibly inaccurate results.

Alternatively, a thorough investigation of the alleged victim’s circumstances might reveal a motivation to make a false accusation. Asserting that the alleged victim consented to the activity also could be an effective defense in some cases.

Work With a New Britain Attorney to Defend Sexual Assault Charges

Sexual assault is a serious crime with far-reaching consequences. Legal representation could make the difference between a lengthy prison sentence or a reduced charge, an advantageous plea agreement, or acquittal.

Give yourself the chance of a favorable outcome by working with a New Britain sexual assault lawyer. Contact Ruane Attorneys to discuss your situation.