Fourth Degree Sexual Assault Lawyer in Wisconsin
Charged with fourth degree sexual assault under Wis. Stat. § 940.225(3m)? These cases focus on whether sexual contact occurred without consent and often turn on highly fact-specific circumstances. Early legal guidance can be critical to evaluating the State’s evidence and protecting your rights. Contact us to schedule a free, confidential consultation.
What the Law Says About Fourth Degree Sexual Assault in Wisconsin
Under Wis. Stat. § 940.225(3m), fourth degree sexual assault is committed when a person has sexual contact with another person without that person’s consent. Unlike higher-degree sexual assault charges, fourth degree sexual assault is limited to allegations involving sexual contact rather than sexual intercourse, and it applies only when the conduct does not meet the statutory requirements for third degree sexual assault.
Wisconsin law defines sexual contact narrowly and requires proof that the contact was intentional and done for a prohibited purpose, such as sexual arousal, sexual gratification, sexual degradation, humiliation, or causing bodily harm. As with other sexual assault offenses under § 940.225, the State must also prove lack of consent, meaning the alleged victim did not freely agree to the sexual contact based on words or overt actions. Physical resistance is not required, and consent is evaluated based on all surrounding circumstances.
Our firm represents individuals charged with fourth degree sexual assault throughout Wisconsin, with careful attention to how sexual contact is defined, how intent is inferred, and whether the evidence actually satisfies the statutory requirements for a criminal conviction. Because fourth degree sexual assault charges often arise from brief or disputed contact, close examination of the facts and the legal framework is critical to evaluating exposure and potential defenses.
What the State Must Prove to Convict on Fourth Degree Sexual Assault in Wisconsin
To convict a person of fourth degree sexual assault under Wis. Stat. § 940.225(3m), the State must prove each required element beyond a reasonable doubt. The elements are set forth in Wisconsin Jury Instruction – Criminal 1219.
The State must establish the following:
- Sexual Contact: The defendant had sexual contact with the alleged victim. Sexual contact means an intentional touching of an intimate part, either directly or through clothing, or intentionally causing the alleged victim to touch an intimate part of the defendant. The touching must have been done for a prohibited purpose, such as sexual arousal or gratification, sexual degradation or humiliation, or causing bodily harm.
- Lack of Consent: The alleged victim did not consent to the sexual contact. Consent means a freely given agreement shown by words or overt actions. Physical resistance is not required, and consent is evaluated based on the surrounding circumstances.
The State must prove both elements beyond a reasonable doubt. If it fails to prove any required element, a conviction for fourth degree sexual assault is not legally supported.
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Penalties and Sentencing for Fourth Degree Sexual Assault in Wisconsin
Fourth degree sexual assault under Wis. Stat. § 940.225(3m) is classified as a Class A misdemeanor in Wisconsin. A conviction may result in:
- Up to 9 months in jail
- Up to $10,000 in fines, plus court costs and surcharges
- Sex offender registration, depending on the facts and sentencing determination
- Probation conditions that may include treatment, supervision requirements, and restrictions on contact or employment
Although fourth degree sexual assault is a misdemeanor, the consequences can still be significant. Sentencing outcomes often depend on the nature of the alleged contact, the surrounding circumstances, the defendant’s background, and how the court evaluates consent-related evidence.
A conviction may carry lasting personal and professional consequences. Early legal analysis is important to assessing exposure and determining whether the State’s evidence supports the required elements of the charge.
Common Scenarios Leading to Fourth Degree Sexual Assault Charges
Fourth degree sexual assault charges most often arise from allegations involving brief or isolated sexual contact, where the central dispute is whether consent was freely given. These cases are highly fact-specific and frequently depend on context rather than physical evidence.
Common scenarios include:
- Allegations involving unwanted touching during social interactions, gatherings, or crowded environments
- Disputes arising from misunderstood or ambiguous physical contact
- Situations involving acquaintances, coworkers, classmates, or casual social relationships
- Claims stemming from dating or interpersonal conflicts, including post-incident disagreements
- Allegations based primarily on statements rather than forensic or physical evidence
- Incidents where intent and purpose are inferred from surrounding circumstances rather than explicit conduct
- Situations involving conflicting accounts of words, actions, or boundaries communicated at the time
Fourth degree sexual assault cases often turn on interpretation of conduct and consent. Careful examination of context, intent, and credibility is critical.
Defenses and Legal Strategies for Fourth Degree Sexual Assault Charges
Fourth degree sexual assault cases often turn on whether the State can prove both intentional sexual contact and lack of consent beyond a reasonable doubt. Because these cases frequently involve brief or disputed contact and limited evidence, careful scrutiny of context and intent is critical. Common defense strategies include:
Fourth degree sexual assault charges often rest on subjective interpretation rather than objective proof. Disciplined legal analysis is essential to determining whether the State can meet its burden.
Why Hiring a Fourth Degree Sexual Assault Defense Lawyer Matters
Fourth degree sexual assault charges often hinge on how brief physical contact and consent are interpreted by investigators and prosecutors. These cases frequently rely on statements, assumptions about intent, and subjective interpretations of conduct rather than physical evidence. Early legal analysis is critical to ensuring that isolated or ambiguous interactions are not mischaracterized as criminal behavior.
At Chirafisi Anderson, S.C., our attorneys bring focused criminal defense experience to fourth degree sexual assault cases, including:
Contact Our Fourth Degree Sexual Assault Defense Attorneys
If you are facing a fourth degree sexual assault charge in Wisconsin, early legal guidance can make a meaningful difference in how the case is evaluated and resolved. These cases often turn on intent, consent, and interpretation of brief or disputed contact, making prompt and careful legal analysis essential. Call today to schedule a free and confidential consultation with an experienced Wisconsin criminal defense attorney.