Sex Assault in The Second Degree
Defending Against Second-Degree Sexual Assault Charges in Monongalia County, WV
Frank Walker Law – Your Dedicated Legal Advocate in the Face of Serious Allegations
If you have been charged with second-degree sexual assault in Monongalia County, West Virginia, you are facing a serious legal situation that can have devastating consequences for your future. Second-degree sexual assault is a felony offense under West Virginia law, and a conviction can lead to significant penalties, including prison time, fines, and mandatory sex offender registration.
At Frank Walker Law, we understand the gravity of these charges and are committed to providing aggressive, strategic, and compassionate defense for individuals facing sexual assault charges. If you’ve been accused of second-degree sexual assault, it’s crucial to seek immediate legal assistance from an experienced criminal defense attorney.
Understanding Second-Degree Sexual Assault in West Virginia
Under West Virginia Code § 61-8B-4, second-degree sexual assault involves engaging in sexual intercourse or sexual intrusion with another person under the following circumstances:
The victim was mentally incapacitated or physically helpless, making it impossible for them to consent to the act.
The victim did not consent, and the perpetrator used physical force or coercion to commit the assault.
Second-degree sexual assault is a felony, and a conviction may result in 2 to 10 years in prison, fines, and mandatory sex offender registration under the Sex Offender Registration and Notification Act (SORNA). The consequences of a conviction can have far-reaching effects on your personal and professional life, making it vital to have an attorney with experience in handling sex crime cases.
How to Defend Against Second-Degree Sexual Assault Charges in Monongalia County, WV
If you are facing second-degree sexual assault charges in Monongalia County, West Virginia, there are various defense strategies that your attorney may employ to challenge the accusations. At Frank Walker Law, we will carefully examine all the facts and evidence in your case, and our team will work to build a comprehensive defense. Below are common defense strategies used in second-degree sexual assault cases:
1. Lack of Consent and Disputing the Allegations
One of the central issues in second-degree sexual assault cases is consent. If the alleged victim consented to the sexual act, there would be no crime. We will review the circumstances leading up to the alleged assault, looking for evidence that the victim either consented or that there was a misunderstanding about consent.
Our team may investigate the relationship between you and the accuser, any communications (e.g., texts, emails, social media) that might suggest consent, and witness statements. We will present the best possible case to demonstrate that the accuser's version of events is not credible.
2. Challenging the Allegation of Mental Incapacity or Physical Helplessness
In many second-degree sexual assault cases, the victim claims that they were mentally incapacitated or physically helpless, making it impossible for them to consent. However, not all situations where a victim appears to be incapacitated or helpless meet the legal standard for second-degree assault.
Our legal team will work with medical experts, forensic professionals, and witnesses to establish whether the victim was indeed incapacitated or physically helpless at the time of the alleged assault. We will carefully examine any physical or medical evidence to cast doubt on the victim's claims.
3. False Allegations or Motive to Fabricate
Unfortunately, some individuals make false allegations of sexual assault, whether due to personal animosity, a desire for revenge, or other reasons. In these situations, we will look for evidence that suggests the accuser may have fabricated the story. This may include examining the accuser's history, motives, or inconsistencies in their testimony.
We may also seek out witnesses who can testify to your character or provide an alternative explanation for the events that led to the accusations.
4. Mistaken Identity
Another defense to second-degree sexual assault charges is mistaken identity. If the victim mistakenly identified you as the person who committed the assault, this could significantly undermine the prosecution’s case. We will look for inconsistencies in how the victim identified you, including any issues with police lineups or the reliability of their memory.
5. Lack of Physical Evidence
In many sexual assault cases, physical evidence such as DNA or other forensic evidence is critical in proving the allegations. If there is a lack of physical evidence linking you to the alleged assault, this can be a powerful defense. Our firm will carefully review all physical evidence, such as medical exams, DNA analysis, and forensic testing, to determine if there is a lack of support for the accuser’s claims.
6. Constitutional Violations
If your rights were violated during the investigation or arrest, this could negatively affect the validity of the case against you. Our team will scrutinize the law enforcement process, including whether you were read your Miranda rights, whether there was a proper warrant for any searches, or if your constitutional rights were otherwise infringed upon.
If any legal or procedural errors occurred, we may be able to have certain evidence suppressed or even the charges dismissed.
The Consequences of A Conviction for Second-Degree Sexual Assault
A conviction for second-degree sexual assault in Monongalia County, WV, can result in:
2 to 10 years in prison
Fines and restitution to the victim
Mandatory sex offender registration under SORNA, which can impact where you live and work
Loss of employment, professional licenses, and reputation
Restricted access to certain rights, including the right to own firearms or vote
These penalties are severe and can affect many areas of your life, including your career, relationships, and financial stability. That is why having an experienced criminal defense attorney is critical to protect your future and fight for the best possible outcome in your case.
Why Choose Frank Walker Law?
At Frank Walker Law, we are committed to providing exceptional legal representation for individuals charged with serious offenses like second-degree sexual assault. With years of experience defending criminal cases in Monongalia County, we understand the complexities of West Virginia law and the best strategies for defending against serious criminal charges.
Frank Walker has built a reputation for providing aggressive, compassionate, and personalized defense for his clients. If you are facing second-degree sexual assault charges, you need a lawyer who will fight for your rights and work tirelessly to defend your innocence.
Contact Frank Walker Law Today
If you are facing second-degree sexual assault charges in Monongalia County, WV, do not wait to seek legal help. The sooner you contact Frank Walker Law, the sooner we can begin working on your defense. Call us today at [Phone Number] or fill out our online contact form to schedule a confidential consultation.
Frank Walker Law – Defending Your Rights, Protecting Your Future.