Wilson, Bush, Durkin & Keefe

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Sexual Assault

Charges of sexual assault can ruin a person’s life.  Just the allegation of it can cast a shadow over a person’s character and reputation.  A conviction for such a charge can result in a prison and registering as a sex offender.  There are three (3) classes of sexual assault charges:

  • Aggravated Felonious Sexual Assault
  • Felonious Sexual Assault
  • Sexual Assault

Aggravated Felonious Sexual Assault

The most serious of these charges is aggravated felonious sexual assault.  A person commits this crime if he engages in sexual penetration (sexual intercourse, anal intercourse, cunnilingus, fellatio, or digital penetration) under any of the following circumstances:

  • When the person overcomes the victim through physical force, violence, or superior strength
  • When the victim is physically helpless to resist
  • When the person coerces the victim to submit by threatening the use of violence or force
  • When the person coerces the victim to submit by threatening to retaliate against the victim or a member of her family
  • When the victim submits during kidnapping, false imprisonment, or extortion
  • When the actor administers an intoxicating substance to the victim
  • In certain circumstances where the person administers therapy or medical treatment to the victim
  • When, except between spouses, the victim is mentally defective
  • When, except between spouses, the victim is 13 years or older but less than 16, the person is in the same household as the victim or is related to the victim by blood
  • When, expect between spouses, the victims is 13 years or older but less than 18, and the person coerces the victim to submit by using a position of authority
  • When the victim is less than 13 years old
  • When, at the time of the penetration, the victim indicates by speech or conduct that she does not freely give consent
  • When the person touches the genitalia, directly or through clothing, of someone under 13 years old
  • When the person engages in a pattern of sexual assault against a person, no the person’s spouse, who is less than 16 years of age

A first conviction for aggravated felonious sexual assault could result in a sentence at the New Hampshire State Prison of up to 20 years or more.

Felonious Sexual Assault

A person commits the crime of felonious sexual assault under the following circumstances:

  • If he subjects a person to sexual contact and causes serious personal injury to the victim
  • If he engages in sexual penetration with someone, other than his spouse, who is 13 years or older and under 16 where the age difference between them is four (4) years or more
  • If he engages in sexual contact with someone other than his spouse who is under 13 years of age

Felonious sexual assault is a class B felony punishable by up to seven (7) years at the New Hampshire State Prison.

Sexual Assault

A person commits the class A misdemeanor crime of sexual assault under the following circumstances:

  • When the person engages in sexual contact with someone 13 years of age or older under the circumstances described for aggravated felonious sexual assault
  • When the person engages in sexual contact with someone 13 years of age or older but less than 16 where the age difference between the parties is five (5) years or more
  • When the person engages in sexual penetration with someone who is 13 years of age or older but less than 16 and the age difference between the parties is four (4) years or less

A charge of any sexual assault is an incredibly serious charge, and if you are charged with any kind of sexual assault, you need an experienced and effective criminal defense attorney to represent you immediately.  Because sexual assault can be a felony-level charge, a person convicted of it may be sent to the New Hampshire State Prison.  As well, a person convicted of sexual assault will likely have to register as a sexual offender.  The criminal defense lawyers at Wilson, Bush & Keefe have the proven record of success to defend you when you need it the most.

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