Assault is applying intentional force to another person. Sexual assault is a separate crime involving some form of unwanted sexual advance along with that force. Aggravated sexual assault may be charged in situations where the victim was wounded or disfigured during the assault or where the victim's life was endangered. It is a felony offense governed by state law. It may also include sexual assault that occurs during commission of another crime, sexual assault aided or abetted by another person, or sexual assault during which a weapon was used.
Charges and Penalties
Consult local laws for state specific definitions and penalties. Aggravated sexual assault is a felony, and depending on the specific charges and circumstances of the incident, conviction could result in serious penalties, including life in prison. Even lesser sexual assault offenses may result in lifetime annual registration as a sex offender. This information, which sometimes includes photographs of offenders, is available for public viewing. It does not matter if it is a first sexual offense, registration as a sex offender continues for the convicted felons life, with the exception of rare cases where expungement is allowed after a combination of time passing and no further offenses.
Laws for Aggravated Assault
Depending on the jurisdiction, the following circumstances may raise a sexual assault charge to aggravated sexual assault:
- The victim is less than 13 years old.
- The act is committed during the commission, or attempted commission of a robbery, kidnapping, homicide, burglary, or arson.
- The actor is armed.
- The actor is aided or abetted by one or more other persons.
- The actor uses physical force and severe injury is sustained by the victim.
- The actor knew or should have known that the victim was physically helpless, mentally defective or mentally incapacitated.
Expunging your Criminal Record
Repeat offenders may face increased sentencing depending on whether their prior offenses were misdemeanors or felonies. Some states also have "three strikes" laws, which further amplify the effects of multiple felony convictions. Because aggravated sexual assault likely carries a serious punishment, any prior convictions will not work in the favor of an accused. The judge and jury in some instances will be allowed to consider the accused's prior record.
How a Lawyer Can Help
Because felony charges carry serious penalties, seeking the help of an attorney is advised. A lawyer can offer advice on defenses as well as any potential for penalty reduction. A criminal defense attorney is in the best position to determine the smartest strategy for handling individual cases and will advise clients of all available options. Seeking the assistance of counsel is wise when facing serious criminal charges which can lead to loss of freedom and the lifelong burden of sex offender registration.
