Sexual Assault Defense Attorney in Utah
Accused of Sexual Assault in Utah? You’re Not Alone.
At Wasatch Defense Lawyers, we understand that facing allegations of a sex crime is one of the most stressful experiences you can endure. Our seasoned legal team in Salt Lake City is here to provide you with expert, compassionate defense, protecting your rights and guiding you through every step of the legal process.
Sexual assault, usually called “aggravated sexual assault” in Utah, is a secondary charge. That means it’s tied to another charge, such as rape, attempted rape, or some other sexual crime. As a secondary charge, most people tend to ignore it as being less important than the primary charge—whatever crime allegedly provided the source of the sexual assault—but that can be a big mistake.
While every form of sexual crime can result in a prison sentence, sexual assault raises the stakes substantially by adding 5 years or more to the minimum sentence for the crime. Especially for crimes where there is no minimum sentence, sexual assault establishes a minimum – and it can never be less than 6 years. Making things worse is that not every crime sexual assault is tied to is considered a first degree felony, but sexual assault is always first-degree.
Don’t take any chances. The Wasatch Defense Lawyers have over a century of combined legal experience and have represented thousands of clients over the past 30 years.
Our award-winning criminal defense team will keep you informed at every stage of your case, ensuring that you have a clear understanding of your legal options and of the progress we are making on your behalf. Trust us to aggressively advocate for your rights and protect your freedom.
Call to Schedule a Free Sexual Assault Consultation in SLC, UT.
What Are Sex Crimes in Utah?
Sex crimes cover a range of serious offenses—from sexual assault and abuse to statutory rape and other related allegations. In Utah, these crimes carry severe penalties including lengthy prison sentences, hefty fines, and lifelong registration as a sex offender. Understanding the specifics of the law is crucial, and our attorneys are committed to breaking down these complex legal definitions into clear, accessible language for you.
The definition of sexual assault is if, while committing or attempting to commit a sexual crime, the accused:
- Seriously injures the victim
- Uses or threatens to use a weapon
- Threatens to hurt, kidnap, or kill the victim
- Is aided or abetted by one or more other people
Types of Sex Crimes We Defend
Our practice is dedicated to defending clients against various sex crime charges, including but not limited to:
- Sexual Assault & Abuse:
Defending clients accused of unwanted sexual contact or abuse. - Statutory Rape:
Representing individuals accused of engaging in sexual activities with minors, where age discrepancies are legally significant. - Other Sexual Offenses:
Handling cases involving allegations of indecent exposure, exploitation, or related charges.
Each type of charge has its own legal intricacies and potential consequences. Our experienced attorneys evaluate every detail of your case to develop a strong, personalized defense strategy.
Understanding Sexual Assault Charges in Utah
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Common Charges:
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Aggravated Sexual Assault
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Forcible Sexual Abuse
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Unlawful Sexual Activity with a Minor
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Sexual Exploitation of a Minor
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Penalties and Consequences of a Sex Crime Conviction
A conviction for a sex crime in Utah can have life-altering consequences. Some of the potential penalties include:
- Incarceration:
Lengthy prison sentences that separate you from your loved ones. - Fines and Restitution:
Significant financial burdens that extend well beyond the courtroom. - Sex Offender Registration:
Mandatory registration that can affect future employment, housing, and personal relationships. - Long-Term Impact:
A criminal record that influences your personal and professional life for years to come.
Our mission is to minimize these risks by vigorously defending your rights and working to secure the best possible outcome for your case.
Our Proven Defense Strategies
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Thorough investigation of evidence
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Challenging prosecution narratives
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Negotiating plea deals when appropriate
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Preparing for trial with experienced litigators
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How Our Defense Attorneys Protect Your Rights
At Wasatch Defense Lawyers, our defense strategy is built on two fundamental pillars: compassion and proven expertise. Here’s how we work for you:
- Personalized Case Evaluation:
We begin with a free, no-obligation case review to fully understand the specifics of your situation. - Aggressive Defense Tactics:
Leveraging over 650 trial experiences, we craft strategic defenses that address every aspect of the charges against you. - Transparent Communication:
From the first consultation to the final verdict, we ensure you understand every step of the legal process. - Comprehensive Investigation:
We work with experts and investigators to uncover evidence that can help dismantle the prosecution’s case.
Our approach is designed to provide not only a robust defense but also peace of mind during one of the most challenging times in your life.
Common Defenses in Sex Crime Cases
When facing sex crime allegations, a successful defense often hinges on thoroughly examining every piece of evidence and challenging the prosecution’s narrative. Some common defenses include:
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Lack of Consent or Misunderstanding:
Arguing that the alleged incident was consensual or resulted from a misunderstanding of the parties’ intentions. -
False Accusations:
Demonstrating inconsistencies in the prosecution’s evidence and highlighting potential motives for false reporting. -
Insufficient Evidence:
Challenging the credibility and reliability of forensic or testimonial evidence, which may reveal gaps in the prosecution’s case. -
Violation of Constitutional Rights:
Asserting that evidence was obtained through unlawful means, such as an illegal search or seizure, thereby undermining the case. -
Alibi or Lack of Opportunity:
Presenting evidence that proves the defendant was not present at the scene of the alleged incident.
Each case is unique, and our approach is tailored to the specific facts and evidence of your situation. With our extensive trial experience and aggressive defense strategies, we strive to dismantle the prosecution’s case and secure the best possible outcome.
Steps to Take If You’re Accused of a Sex Crime
Facing a sex crime allegation can be overwhelming. Here are some immediate steps to help safeguard your rights:
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Do Not Discuss Your Case:
Avoid talking about the details with anyone other than your attorney, as even casual conversations can be used against you. -
Contact an Experienced Attorney Immediately:
Early legal intervention is critical. Our team is available 24/7 for a free case review to help you understand your options. -
Document Everything:
Keep records of any interactions, communications, or evidence related to your case. This documentation could be crucial later. -
Stay Calm and Follow Legal Advice:
Trust in our expertise. We will guide you through every step of the legal process, ensuring that your rights are protected at all times.
Taking prompt action can make a significant difference in the trajectory of your case. We are here to help you navigate these difficult circumstances with a comprehensive and aggressive defense strategy.
Punishment for Sexual Assault
Any form of sexual assault is considered a first-degree felony. Any sexual crime that’s considered a first degree felony is grounds for a lifetime spent on Utah’s sex offender registry. That means that you can beat or reduce the primary charges, but still end up being labeled a sex offender—for life.
Furthermore, sexual assault charges carry minimum prison sentences of up to six years and include the possibility of a life sentence or even (unless you were a minor at the time)life without parole. While six years is the minimum, 10 to 15 years are more common and that’s just as a starting point.
Combined, these punishments make sexual assault an incredibly serious charge. If your defense gets mismanaged even slightly, a mistake that took only seconds to make could end up costing you decades.
Why You Need a Sexual Assault Defense Lawyer
This is your life we’re talking about. With a first degree felony and a permanent place on the sex offender registry, your quality of life is doomed – that is, only if you go it alone.
At the Wasatch Defense Attorneys, our highly qualified, criminal defense law firm knows exactly what you need to do to avoid these harsh penalties. Each of our highly responsive and caring lawyers is among the best of Salt Lake City’s defense attorneys – we’re always ready to answer any questions you have. We specialize in aggressively protecting your quality of life and we’ll go the extra mile for you. Nobody is better qualified to make sure the whole process is handled quickly and efficiently and you can be sure that no one else will care more about you or your needs.
No Criminal Defense Law Firm in Utah is better qualified to defend your rights than the Wasatch Defense Lawyers. Voted Best of SLC for Criminal Defense in 2020 and 2021, we have represented thousands of clients over the last 30 years.
Why Choose Our Sex Crimes Defense Attorneys?
Choosing the right attorney can make all the difference. Here’s why Wasatch Defense Lawyers is the trusted choice for clients in Utah:
- Unmatched Experience:
With over 650 trials under our belt, our defense team has the courtroom experience needed to challenge even the toughest cases. - 24/7 Availability:
We understand that legal emergencies can happen at any time, which is why we offer round-the-clock assistance and free case reviews. - Empathetic Guidance:
We recognize the emotional and financial burdens you face. Our attorneys provide clear, jargon-free explanations and unwavering support throughout your case. - Proven Success:
Our track record of positive outcomes and glowing client testimonials speaks for itself.
Call: 801980-9965 Today to Schedule a Free No Obligation Sexual Assault Case Review with the Wasatch Defense Lawyers
Less Than 1% of Our Clients Have Been Incarcerated
Relevant Utah Statutes and Codes
Understanding the legal framework behind sex crime charges is essential. In Utah, key statutes under Title 76, Chapter 2 define and prescribe penalties for sexual offenses. For example, Utah Code 76-2-102 outlines the definition of sexual assault, detailing what conduct constitutes an offense, while Utah Code 76-2-103 establishes the penalties for aggravated sexual assault. These codes not only specify the elements of each offense but also guide sentencing and other legal procedures.
Our experienced attorneys are well-versed in these statutes and use them to scrutinize the evidence and prosecution’s case. By leveraging a deep understanding of the relevant Utah codes, we work to identify any legal errors or misapplications of the law that may have impacted your case. This thorough approach is a key part of our defense strategy, ensuring that your rights are protected from the outset.
Frequently Asked Questions About Sexual Assault
Can sexual assault be a civil case?
Yes, the courts prosecute on a criminal level, however, a person may file a civil suit for injury due to another person’s actions. In Utah, a sexual assault victim has four years from the incident date to file a civil lawsuit. However, children who are victims of sexual abuse can file a case at any time. We can charge the perpetrator against emotional and physical harm, assault, and battery.
Can sexual assault be expunged?
Utah laws allow for expungement if your sexual offense case was dismissed or no charges were filed. People who are registered sex offenders or child abusers do not qualify to have their case expunged unless the Utah Board of Pardons and Parole acquits them. Having a criminal record has negative consequences on the perpetrator. For instance, they may face social stigma long after they have served their term or paid their debt to society. Potential employers may hesitate to take them on due to their criminal history. Also, their housing options may also be limited depending on what they were convicted for.
Can sexual assault charges be dropped by the victim?
In Utah and most of the other states, criminal law is a type of public law. This implies that it is impossible for a sexual assault victim to drop charges. Once the police present the case, the prosecutor is the only one mandated to decide on whether to proceed or not. However, the prosecutor may respect the victim’s wishes if there is insufficient evidence to support the case without their testimony. If the victim wants to drop the charges on the grounds that they lied on what happened, he or she may be charged. Contacting us right from when you are charged with the sexual offense will give us enough time to explore your case and come up with possible defenses.
Can a sexual assault victim be forced to testify?
A victim may receive a subpoena to appear before the court and give an account of the event if they are considered competent or qualified. A competent witness must:
- Be able to communicate effectively
- Have the ability to recall the events accurately
- Understand the significance of giving an honest account of what happened
A child may also be required to testify against the perpetrator if they are competent. Normally, a judge interviews the child in a closed courtroom or the judge’s chambers. To further protect the minor, a judge may close the courtroom as the child testifies or allow a videotaped deposition.
What is sexual assault in the 1st degree?
Utah classifies sex crimes into different categories depending on how serious the charge is. When the victim is 13 years old and younger, this is considered rape which is a first-degree felony, as is sodomy
What is sexual assault in the 2nd degree?
A sexual offense where the defendant is 18 years or older and the victim is below 14 years, this is treated as a second-degree felony unless the court rules that there are aggravating circumstances.
What is sexual assault in the 3rd degree?
Unlawful sexual conduct is considered a third-degree felony if the offender is four years older than the minor
What is sexual assault in the 4th degree?
A sexual offense is classified in this category if the offender, who is is 20 years or older engages in sexual activity with a person who is less than 16 years.
Sexual Assault Attorney Utah
Being charged with sexual assault can have serious impacts on an individual’s personal and professional life. The stigma associated with sexual assault charges can cause serious strain on relationships with family, and friends, and may even lead to losing a job or difficulty finding future employment. It’s crucial to seek the guidance and expertise of the best-rated sexual assault attorney Utah has to offer as soon as possible in order to protect your rights and defend your reputation.
The award-winning criminal defense team at Wasatch Defense Lawyers has extensive experience in handling sexual assault cases and sex crime defense and will work tirelessly to help you achieve the best possible outcome.
If You’ve Been Charged With Sexual Assault in Utah, Contact the Wasatch Defense Lawyers to Schedule a Free No-Obligation Case Review in Downtown Salt Lake City
- North Salt Lake
- Salt Lake City
- South Salt Lake
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- Bountiful
- West Bountiful
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