First Degree Sexual Assault Lawyer in Wisconsin

Charged with first degree sexual assault under Wis. Stat. § 940.225? These cases involve allegations of non-consensual sexual contact or intercourse with serious aggravating factors, such as great bodily harm or the use or threat of a dangerous weapon, and require careful early legal analysis. Contact us to schedule a free, confidential consultation.

(608) 250-3500

What the Law Says About First Degree Sexual Assault in Wisconsin

Under Wis. Stat. § 940.225(1), first degree sexual assault is committed when a person has sexual contact or sexual intercourse with another person without that person’s consent and one or more aggravating circumstances are present. Unlike lesser degrees of sexual assault, first degree charges are reserved for cases involving heightened allegations, including the infliction of great bodily harm or the use or threatened use of a dangerous weapon or an object the complainant reasonably believed to be a dangerous weapon.

Wisconsin law focuses on whether the alleged conduct occurred without consent and whether a qualifying aggravating circumstance is alleged. Consent under § 940.225 is evaluated based on the totality of the circumstances, and physical resistance is not required. Each element of the offense must be proven beyond a reasonable doubt.

At Chirafisi Anderson, S.C., we represent individuals charged with first degree sexual assault throughout Wisconsin. Our work in these cases centers on closely examining whether the State’s evidence actually establishes lack of consent and whether the alleged aggravating factor – such as great bodily harm or the use or threat of a dangerous weapon – can be proven under the demanding standards required by law.

What the State Must Prove to Convict on First Degree Sexual Assault in Wisconsin

To obtain a conviction for first degree sexual assault under Wis. Stat. § 940.225(1), the State must prove each required element beyond a reasonable doubt, as set forth in the applicable Wisconsin Jury Instructions – Criminal 1201 and 1203.

Under Wisconsin law, the State must prove the following:

  • Sexual Contact or Sexual Intercourse: The defendant had sexual contact or sexual intercourse with the alleged victim.
  • Lack of Consent: The alleged victim did not consent to the sexual contact or sexual intercourse. Consent means a freely given agreement shown by words or overt actions, and physical resistance is not required.
  • An Aggravating Circumstance, specifically one of the following:
    • Great Bodily Harm – The defendant caused serious bodily injury to the alleged victim.
    • Use or Threat of Use of a Dangerous Weapon – The conduct involved a weapon or an object reasonably believed to be one.

If the State fails to prove any one of these elements beyond a reasonable doubt, a conviction for first degree sexual assault cannot be sustained.

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Penalties and Sentencing for First Degree Sexual Assault in Wisconsin

First degree sexual assault under Wis. Stat. § 940.225(1) is classified as a Class B felony, one of the most serious felony offenses under Wisconsin law.

A conviction may result in:

  • Up to 60 years in prison
  • Extended supervision following any term of confinement
  • Mandatory sex offender registration
  • Collateral consequences, including restrictions on housing, employment, and professional licensing

A conviction for first degree sexual assault may also expose a defendant to lifetime supervision under Wisconsin law, depending on statutory notice and sentencing findings.

Sentencing Exposure and Judicial Considerations in First Degree Sexual Assault Cases

In addition to the Class B felony classification, Wisconsin courts evaluate a number of case-specific considerations when determining sentencing exposure in first degree sexual assault cases. These considerations focus on the nature of the alleged conduct and the surrounding circumstances, rather than on abstract sentencing principles.

Courts commonly assess factors such as:

  • Whether the allegation involves sexual contact or sexual intercourse
  • The scope and duration of the alleged conduct
  • The severity, permanence, and medical impact of any alleged injuries
  • The manner in which force, coercion, or intimidation is alleged to have occurred
  • Whether the conduct is alleged as a single incident or part of a broader course of behavior
  • The defendant’s prior criminal history, if any, including supervision status

Because first degree sexual assault encompasses a wide range of factual scenarios under a single felony classification, these considerations often drive substantial differences in sentencing outcomes within the statutory range.

Common Scenarios Leading to First Degree Sexual Assault Charges

First degree sexual assault charges often arise from specific investigative pathways, rather than from a single uniform fact pattern. These cases frequently begin with a report made to law enforcement, followed by interviews, evidence collection, and charging decisions that depend on how the alleged conduct is categorized under § 940.225(1).

  • Reports following a single alleged incident involving claimed use of force, coercion, or a weapon
  • Allegations tied to medical treatment or injury reporting, where the nature or severity of injuries prompts enhanced charges
  • Investigations involving delayed reporting, with charges later elevated based on the alleged aggravating circumstance
  • Situations involving intimate partners, acquaintances, or individuals known to one another, rather than strangers
  • Cases where law enforcement relies heavily on statements, surrounding circumstances, or forensic evidence to establish the charged offense

Defenses and Legal Strategies for First Degree Sexual Assault Cases

First degree sexual assault charges are among the most serious criminal allegations in Wisconsin and are often driven by contested facts, credibility assessments, and circumstantial evidence. Common defense strategies include:

  • Consent disputes: Challenging whether the evidence establishes a lack of freely given agreement based on the surrounding circumstances.
  • Classification of conduct: Disputing whether the alleged facts support sexual contact versus sexual intercourse.
  • Great bodily harm allegations: Contesting whether alleged injuries meet the statutory definition and are sufficiently connected to the alleged conduct.
  • Weapon-based allegations: Challenging claims that a dangerous weapon was used, threatened, or reasonably believed to be present.
  • Statements and corroboration: Examining inconsistencies, delayed reporting, and the absence or interpretation of forensic or corroborating evidence.
  • Search and seizure violations: Seeking suppression of evidence obtained through unlawful searches, seizures, or custodial interviews.

These issues often shape how first degree sexual assault cases proceed.

Why Hiring a First Degree Sexual Assault Defense Lawyer Matters

First degree sexual assault charges carry severe consequences, including lengthy prison exposure, mandatory sex offender registration, and lasting personal and professional impact. These cases often turn on credibility disputes and how evidence is evaluated under highly specific jury instructions, making early, experienced legal representation essential. The attorneys at Chirafisi Anderson, S.C. provide disciplined, trial-focused advocacy to protect clients’ rights at every stage of the process.

Trial-Focused Representation. Our attorneys have extensive courtroom experience handling serious felony cases and understand how first degree sexual assault charges are evaluated, charged, and tried in Wisconsin courts.

Proven results. We have achieved dismissals, charge reductions, and favorable outcomes in complex felony cases by challenging assumptions, scrutinizing evidence, and holding the State to its burden of proof.

Recognized Criminal Defense Advocacy. Attorneys at Chirafisi Anderson, S.C. are recognized by Super Lawyers® and remain active members of respected state and national criminal defense organizations.

1st Degree Sexual Assault Case Results

  • Four Counts of First-Degree Sexual Assault – Kenosha County (April 2023)
    Result: Not Guilty on All Counts

View Criminal Case Results from the Attorneys at Chirafisi Anderson, S.C.

Contact Chirafisi Anderson, S.C.

If you are facing a first degree sexual assault charge in Wisconsin, early legal guidance is critical. These cases carry severe consequences and require careful, experienced representation from the outset. Contact Chirafisi Anderson, S.C. to schedule a confidential consultation and discuss your situation.

(608) 250-3500 Schedule a Free Consultation

Frequently Asked Questions – First Degree Sexual Assault in Wisconsin

A sexual assault charge is elevated to first degree when the State alleges non-consensual sexual contact or intercourse combined with the most serious statutory circumstances, such as causing great bodily harm or using or threatening to use a dangerous weapon. These allegations place the charge at Wisconsin’s highest level of sexual assault.

No. Some first degree charges are based on allegations of great bodily harm, while others are based on the use or threat of a dangerous weapon, even if no injury ultimately occurs.

Yes. A single alleged incident can support a first degree sexual assault charge if the State alleges lack of consent and the required aggravating circumstance.

In weapon-based cases, the State must prove that a dangerous weapon was used or threatened, or that an object was used in a way that reasonably led the complainant to believe it was a dangerous weapon.

First degree sexual assault is a Class B felony with significant prison exposure, but sentencing outcomes depend on the specific facts of the case and how it is resolved.