Madison Sexual Assault Defense Lawyer

You are not required to answer questions, and you can say you want a lawyer before any interview. Police often make contact before charges exist, and what you say in that conversation frequently becomes the central evidence in the case. Being polite and declining to talk is not an admission of anything. Get advice first. Avena Law Office offers a free, confidential consultation at 608.271.2271.

Wisconsin charges sexual assault in degrees. The more serious degrees are felonies that carry prison exposure, supervision after release, and sex offender registration. The least serious level, fourth-degree sexual assault, is charged as a misdemeanor. Which level the State files depends on the alleged conduct, whether force or threats are claimed, any injury, and the age of the person involved. The degree charged can change as a case develops.

Yes. Prosecutors can file sexual assault charges based on one person's account alone, with no DNA, no injuries, and no medical exam. That does not mean the case is strong. The defense often turns on inconsistencies between statements, timing, text messages and social media, other witnesses, and how the investigation was conducted. A careful review of the full record usually matters more than the presence or absence of forensic evidence.

Not automatically. In Wisconsin the case belongs to the State, not to the person who reported it, so the district attorney decides whether to continue even when the complaining witness no longer wants to participate. What that person says can still affect how the prosecutor evaluates the case. Do not contact them yourself, especially if a no-contact order or bond condition is in place, because that can create new charges.

Many Wisconsin sexual assault convictions require registration as a sex offender, and in some situations a court can order registration as well. Registration affects where you can live and work, and depending on the offense it can last many years or for life. Because registration follows from the specific charge and the level of conviction, it should be part of every discussion about how a case is resolved.

That is often the most important stage. Before charges are filed there may still be room to preserve text messages, phone records, or video that gets overwritten within weeks, to decide carefully whether to give any account, and to deal with investigators through counsel instead of alone. Once a charge is filed, options narrow. If Madison or Dane County officers have contacted you, speak with a defense lawyer before you speak with them.