Davis & Cannon, LLP aggressively defends criminal clients throughout the State of Wyoming. We have extensive criminal litigation experience at both the misdemeanor and felony level including DUIs, drug offenses, white collar crime, sexual assault, and homicide.
No other crime carries the social stigma of a sexual assault conviction. Wyoming is tough on sex offenders, but the damage to your reputation can far outweigh the criminal penalties. If you have been charged with any type of sexual offense, it is imperative to consult with an experienced defense attorney immediately.
The defense team at Davis & Cannon, LLP has been serving residents of Gillette, Cheyenne, Sheridan and all of Wyoming for more than 70 years.
In recent years, there has been an increase in awareness around sexual assault, and this is a very good thing. However, this increased awareness has also had the unintended consequence of making people hesitant to question whether a victim could possibly be lying. If you have been falsely accused of sexual assault, it is essential to work with an attorney who understands the highly-sensitive nature of these cases.
Types of Sexual Assault Charges We Defend
Sexual assault comes in many forms, and penalties are usually based on the severity of the crime and whether the offender has a prior conviction. The types of sexual assault charges we defend include:
When an individual inflicts acts of a sexual nature on another through the use of physical force or threat of serious bodily injury or death, or with the knowledge that the victim is unable to consent or defend himself/herself due to a physical or mental impairment. This is the most violent of the four degrees of sexual assault, involving physical violence or the very real threat of physical violence. Gang rape, or rape at gun point (even with a fake gun) would constitute also 1st degree sexual assault.
This is a felony offense and punishable for between 5 and 50 years in prison. Sentencing for second offenders is a minimum of 25 years imprisonment, and subsequent convictions are punishable by life in prison, without parole.
Sexual assault in the 2nd degree may still involve the threat of violence, but applies more broadly to non-consensual sexual contact. This offense commonly involves sex acts with a person who is intoxicated, unconscious, or mentally impaired. A man that has sex with a woman who is too intoxicated to consent may face charges of 2nd degree sexual assault, as would a caregiver who has sex with an elderly patient in a nursing home, for example.
This is a felony offense and carries a penalty of between two and 20 years in prison. As with 1st degree sexual assault, this offense has a minimum sentence of 25 years for second offenders and life without parole for offenders with two or more prior convictions.
Sexual assault in the 3rd degree involves a non-consensual sex act that does not constitute 1st or 2nd degree sexual assault, where the offender is:
four or more years older than the victim who is under the age of 16; or
an adult and the victim is under the age of 14.
Sexual assault in the 3rd degree is a felony offense with a maximum sentence of 15 years in prison.
In Wyoming, 4th degree sexual assault of a minor is a statuary charge, which means that charges can still hold if the victim consented, depending upon the age of the offender and victim. Sexual assault in the 4th degree involves sex acts between an offender who is at least 20-years-old and a victim who is 16 or 17-years-old, where the offender is a minimum of four years older. This offense also includes sex acts between an offender who is under the age of 16 and a victim who is under the age of 13, where the offender is a minimum of three years older.
This is a felony offense with a maximum sentence of five years imprisonment. An experienced defense lawyer can help you determine how to proceed if you are facing charges for any sex-related crime.
Defenses to Sexual Assault Charges
Professing innocence is the most basic defense to allegations of sexual assault. When the defendant has a legitimate alibi, such as he/she was in a different location at the time of the alleged assault, charges may be dropped. But the defendant will have to provide credible evidence of this alibi. In some cases of innocence, the alleged victim fabricated the assault entirely, and in other cases the victim misidentified the offender.
Consent is another common defense in sexual assault cases. If the defendant can show that he/she did engage in a sex act with another but that this sex act was consensual, the charges may be dropped. However, proving consent can be extremely difficult, especially in the current climate surrounding allegations of sexual misconduct.
Contact Davis & Cannon, LLP Today
If you have been charged with sexual assault, the skilled legal team at Davis & Cannon, LLP can help. We have been protecting the rights of individuals charged with crimes for more than 70 years. Do not attempt to fight these very serious charges without the help of highly-skilled legal counsel. Our experienced, knowledgeable lawyers will fight tirelessly to defend the rights of individuals charged with sexual assault in Gillette, Cheyenne, Sheridan and all of Wyoming. Contact Davis & Cannon, LLP today at (307) 672-7491 for a free and confidential consultation about your case.