Accusations of a crime can have a huge impact on your life. This is especially true when the claims are of a sexual nature. The gravity of an allegation such as this can be overwhelming. So, it’s important to know what to expect to understand the legal process and how to protect your rights.
Sexual assault in West Virginia
Sexual assault is a serious crime with different levels of severity. In West Virginia, first-degree sexual assault involves sexual intercourse or intrusion along with certain aggravating factors. These factors include things like serious bodily injury to the victim, the use of a deadly weapon or when the victim is under 12 years old. The punishments for this crime are severe.
Minimum sentencing for sexual assault offenders
In West Virginia, the law takes sexual assault very seriously. For first-degree sexual assault, offenders face significant prison time. In standard cases, offenders may face at least 15 years in state prison.
However, the penalties are even harsher in cases involving adult offenders and children. When the offender is 18 or older and the child is under 12, the minimum sentence increases to 25 years.
Additional penalties based on case specifics
Besides the minimum sentences, judges can impose longer prison terms based on the specific details of each case. The court may consider factors like the offender’s past criminal record and the nature of the assault. In addition to prison time, the state may impose very high fines—ranging from $1,000 to $25,000.
Because these penalties are so severe and sexual assault cases are complex, those facing allegations should consider consulting a lawyer. A legal professional can protect their rights and mount defenses for their case.
