Being wrongfully accused of sexual assault is confusing. Being convicted of something you didn’t even do is terrifying. If you have been convicted of sexual assault, it’s possible you could go to prison. An experienced criminal defense lawyer and former prosecutor from the Law Offices of Elaine E. Lukic can discuss your legal options with you if you are facing criminal charges.
Penalties for Sexual Assault
Each state sets its own penalties for sexual assault, rape, and other sex crimes. In Colorado, sexual assault can result in any of the following classifications of criminal charges and potential penalties:
- Class 6 felony: One year to eighteen months in jail, a fine between $1,000 and $100,000
- Class 4 felony: Two to six years in prison, a fine between $2,000 and $500,000
- Class 3 felony: Four to twelve years in prison, a fine between $3,000 and $750,000
- Class 2 felony: Eight to 24 years in prison, a fine between $5,000 and $1 million
In Florida, a person convicted of sexual assault could face a second-degree felony conviction, which can result in fifteen years in prison and a fine of up to $10,000. The highest level of sexual assault in Florida could result in a capital or life felony, punishable by life imprisonment or the death penalty and fines of up to $15,000.
How to Avoid a Wrongful Conviction of Sexual Assault
If you are facing criminal charges related to false accusations of sexual assault, follow these steps to try to avoid a wrongful conviction:
- Remain calm: Aggressively responding to false allegations can harm your case in the long run, so try to stay calm.
- Remain silent: Exercise your right to remain silent. Don’t try to convince the cops that you are innocent. They’re only interested in convicting you.
- Ask for a lawyer: It’s your right to have an attorney if you are being interrogated by police. Insist on speaking to a lawyer.
- Don’t contact the accuser: Don’t try to contact the accuser. This could violate any no-contact order in place and jeopardize your case.
- Do not discuss your case: Avoid discussing your case with anyone other than your lawyer.
- Avoid social media: Don’t post anything about your case or comment on anything related to it on social media.
- Gather evidence: Tell your lawyer if there is evidence that could help exonerate you, such as evidence of an alibi or information about someone else who might’ve have perpetrated the crime.
Obtaining an Exoneration for Sexual Assault
If you have been convicted of sexual assault despite your innocence, you might still be able to achieve an exoneration with the help of an experienced criminal defense lawyer. A lawyer may be able to appeal your conviction by arguing that legal errors resulted in you not getting a fair trial. Advances in DNA testing could help lead to an exoneration if the original sample was too small to test.
Contact Us for a Confidential Consultation
If you have been wrongfully accused of sexual assault, protect your legal rights by speaking to an experienced criminal defense lawyer and former prosecutor at the Law Offices of Elaine E. Lukic. Call us at (888) 565-2217 or contact us online for a free case review.