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Darien Second-Degree Sexual Assault Lawyer

If you were arrested for sexual assault in Darien, you should not risk appearing in court without an attorney. A top Darien second-degree sexual assault lawyer could help you build a powerful defense.

What Constitutes Sexual Assault in the Second Degree?

Sexual assault in the second degree occurs when a person engages in sexual intercourse with someone without their consent. Many scenarios could qualify as sexual assault in the second degree, including the following:

  • The alleged victim is between the ages of 13 and 15 years old and the alleged offender is more than three years older
  • The individual is impaired with a mental disability or disease to the extent that they are unable to consent
  • The person is physically helpless
  • The individual is less than 18 years old and the accused is responsible for their supervision
  • The alleged victim is in state custody or confined to a hospital or other institution
  • The alleged offender is a psychotherapist and the alleged victim is a current or former patient
  • A healthcare professional falsely represents that sexual intercourse is for medical purposes
  • The accused is a teacher or school employee where the other party is an enrolled student
  • The alleged offender is the alleged victim’s athletic coach
  • The alleged victim is under the age of 18 and the accused is 20 years of age or older and is in a position of power over the victim

What Level of Offense is Second-Degree Sexual Assault?

Sexual assault in the second degree is a Class B felony when the victim of the offense is under 16 years old. All other second-degree sexual assaults are Class C felonies. Each carries a mandatory minimum jail sentence of nine months.

Plea Deals and Supervised Pre-Trial

The prosecutor often makes a plea deal offer to the defense attorney, which is usually a reduced charge in exchange for a guilty plea. The defendant accepts or rejects that offer. If the defendant rejects the offer, the next step is a supervised pre-trial with the judge who looks at the prosecutor’s offer and what the defense attorney is trying to obtain. The judge makes an offer that is usually somewhere in the middle of what both parties seek.

The defense attorney may accept or reject the offer. If they reject the offer, the case proceeds to trial. If the defense attorney accepts one of the offers from the prosecutor or the judge, the case is resolved with a plea deal.

When Do Defense Attorneys Recommend Going to Trial?

A defense attorney may recommend that the defendant proceed to trial when the evidence is favorable or they know the state cannot prove its case. When the state is slow to move forward with a trial, the defense attorney knows they cannot prove the case beyond a reasonable doubt.

Contact a Darien Second-Degree Sexual Assault Attorney

A sexual assault conviction could result in years of incarceration, heavy fines, and mandatory sex offender registration. This could damage your reputation and make it difficult to secure employment or housing in the future. For help building a defense, contact a Darien second-degree sexual assault attorney at Mark Sherman Law.