Sexual assault and rape accusations are very threatening and can ruin a person’s life and reputation. Being falsely accused of a sex crime is very serious and should be handled with great care. People who face false accusations may think that if they don’t take the situation seriously, it will eventually go away, this is one of the biggest mistakes anyone can make. If you are being accused of rape or sexual assault, it is in your best interest to hire an attorney experienced in criminal defense situations.
Sexual Assault and Rape Defense Lawyer
Criminal charges for sexual assault can take the form of varying degrees of sexual assault, or rape. At Cearley Law Group, located in Northwest Arkansas, we tenaciously defend individuals accused of sexual assault crimes and ensure that they receive a fair trial. As a sexual assault attorney, we must prove our clients’ innocence, we conduct a thorough investigation into the case, interview witnesses, gather testimony to support you, and consult with experts to ensure a strong and solid testimony is presented at your hearing or trial. Due to the long term, life changing ramifications of sex offenses, it is especially critical to have sexual assault defense attorney who knows the law inside and out and will voraciously defend you and aggressively protect your constitutional rights…that lawyer is Stuart Cearley.
As a criminal defense attorney, it's our job to weed out the facts from the falsehoods and to defend your case to the judge and jury in a court of law. Challenging the charges and evidence while presenting the truths and targeting the motivation of the prosecution, is a key component in your defense. Our goal is to avoid a conviction and the severe consequences of the charges. With the experience and expertise of Stuart Cearley Law group, that can be a reality. Our criminal defense team will be by your side through the entire legal process and will work tirelessly to navigate the legal complexities of your case and ensure the best possible outcome for you.
Criminal Defense Lawyer
To make sure your rights are protected you need the right criminal defense attorney on your side! If convicted of rape charges, a prison sentence will be issued, and your criminal record will follow you for the rest of your life, even after you have served your jail time. Registering on the Sex Offender Registry may be required, and limitations may be put in place on where you can live and will most likely effect future employment opportunities. This public record can be reviewed by anyone online. It tracks all sex offenders, and lists areas where they live. It is not uncommon that mandatory supervision by legal professionals occur for the remainder of your life. When facing any criminal offenses, it’s critical to work with a competent and experienced lawyer.
The penalties for the conviction of sexual assault crimes in Arkansas vary depending on the severity of the specific offenses. There is a range in the severity of the penalties depend on the case and the specifics of the crime.
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Rape: Class Y Felony, Arkansas's most severe crime category. Penalties can range from a 10-year sentence to life imprisonment.
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Sexual Assault: Felony classes vary based the crime and can be categorized as:
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First Degree: Class A Felony - 6 to 30 years of imprisonment.
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Second Degree: Class B Felony - 5 to 20 years of imprisonment and up to $15,000 in fines.
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Third Degree: Class C Felony - 3 to 10 years of imprisonment and up to $10,000 in fines.
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Fourth Degree: Class D Felony - 0 to 6 years of imprisonment and up to $10,000 in fines. Note that fourth degree sexual assault can be categorized as a Class A misdemeanor if sexual activity occurs between an adult engages and a minor under the age of 16, but no sexual intercourse occurs. Penalties for this could be up to 1 year of jail time and a fine up to $1,000.
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Sexual Assault in Arkansas
Difference Between Rape and Sexual Assault
Traditionally, American Society has defined rape as “the forced penetration of a woman by a male assailant.” Most states have discarded this limited definition for a more gender-neutral term “sexual assault.” Criminal sexual assault is defined as any genital, oral, or anal penetration, using force or without the victim’s consent.
In 2012, the definition of rape was updated by the Department of Justice – it includes any victim, not just male to female - “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”
The State of Arkansas defines sexual assault as a person who engages in sexual contact with another person by forcible compulsion, abuse of authority, or sexual contact with a person who is unable to consent because he or she is physically helpless, mentally incapacitated, or mentally derived. Arkansas law divides sexual assault into four categories: first degree, second degree, third degree, and fourth degree.
Sexual Assault in the First Degree
In the State of Arkansas, a person commits sexual assault in the first degree if he or she engages in sexual intercourse or deviate sexual activity with a minor who is not the spouse of the actor, while the actor is employed with the Division of Correction, Division of Community Correction, the Department of Human Services, or any city/county jail or juvenile detention facility while the victim is in custody.
First Degree sexual assault also includes a person who engages in sexual activity with a student under the age of 21, while being employed as a teacher, principal, athletic coach, counselor, or is currently in a position of trust or authority over the victim. Sexual assault in the first degree is considered a Class A felony and carries a sentence of 10 to 40 years or life, with a fine of up to $15,000.
Sexual Assault in the Second Degree
In the State of Arkansas, a person commits sexual assault in the second degree if he or she engages in sexual contact with another person by forcible compulsion, or with a person who is incapable of consent because he or she is physically helpless, mentally defective, or mentally incapacitated. The state also recognizes second degree sexual assault as a person who engages in sexual contact with another person who is less than 14 years of age and is not the person’s spouse.
Sexual assault in the second degree is considered a Class B felony and carries a sentence of 5 to 20 years with a fine up to $15,000.
Sexual Assault in the Third Degree
In the State of Arkansas, a person commits sexual assault in the third degree if he or she engages in sexual contact or deviate sexual activity with another person who is not the actor’s spouse while the actor is employed with the Division of Correction, Division of Community Correction, Department of Human Services, any city or county jail, or employed to offer any other services or supplies while the victim is in custody. The State of Arkansas also recognized sexual assault in the third degree as a minor who engages in sexual intercourse or deviate sexual activity with a person who is under the age of 14.
Sexual assault in the third degree is considered a Class C felony and carries a sentence of 3 to 10 years and a fine of up to $10,000.
Sexual Assault in the Fourth Degree
In the State of Arkansas, a person commits sexual assault in the fourth degree if he or she is 20 years or older and engages in sexual intercourse, deviate sexual activity, or sexual contact with a person who is under the age of 16 and is not the person’s spouse.
Sexual assault in the fourth degree under these conditions is considered a Class A misdemeanor and carries a sentence up to one year and a fine of $2,500.
Legal Defense Attorney
Regardless the crime you have been accused of committing, you have the right to legal counsel. Having the best possible defense is the best strategy to ensure you get a positive outcome in the courts. Our Bentonville rape defense attorneys have experience with sensitive matters involving rape, sexual assault, and other sex offenses. Creating a powerful defense and ensuring that you receive a fair trial is our goal. The protection of your constitutional rights is paramount. Our sexual assault lawyers in Bentonville, Arkansas will fight for you while you face rape, sexual assault charges. They will provide the expert legal support that is critical for the complexities of sexual assault cases. You will feel secure dealing with your legal issues with Stuart Cearley and his team by your side.
Get some peace of mind and contact Cearley Law for experienced sex crimes defense lawyer and the strong legal representation you deserve! We offer free consultations.
