Plea Bargaining a Child Sex Abuse Charge to a Lower Charge of Sexual Battery
Someone who has been charged with a sexual abuse involving a child may wish to receive a plea bargain. In exchange for a guilty plea, the defendant may be offered and agree to a lesser charge of sexual battery. In the state of Utah, sexual battery is not a offense you can register for sex offenders. This is an attractive option for both sides because the defendant receives a lesser punishment and the victim does not have to go through the pain of a trial. Considering that the ramifications are enormous and the odds are immediately stacked against you, working with a qualified Salt Lake City criminal defense attorney is of paramount importance. (Call the Wasatch Defense Lawyers at (801) 459-8909 to schedule a child sex abuse case review at no charge.
Penalties for Sexual Abuse of a Child in Utah
The penalties for sexual abuse of a child is severe.
- Statute: Sexual Abuse of a Child is Utah Code § 76-5-404
- Classification: Sexual abuse of a child is a second-degree felony. Aggravated sexual abuse of a child is a first-degree felony.
- Description: The statute classifies sexual abuse of a child as any action that is not rape but involves touching the anus or genitalia of any child or the breast of a female child. This includes forcing the child to engage in a sexual act with anyone with the intent of sexual gratification on the part of the defendant.
The offense is categorized as aggravated sexual abuse if the offense was committed using a dangerous weapon, if the accused used pornography, or if the offense caused severe physical injury or psychological harm to the defendant.
- Sentence: The criminal sentence for a second-degree felony, such as sexual abuse of a child, can include a prison sentence of up to 15 years and a fine of up to $10,000. The person may be required to pay for treatment for the victim.
The criminal sentence for a first-degree felony, such as aggravated sexual assault, includes a mandatory prison sentence of at least 5 years and uo to life in prison. The fine is up to $10,000 and the defendant may be ordered to pay for treatment for the victim.
Penalties for Sexual Battery in Utah
The punishment for a sexual battery conviction is less severe.
- Statute: Utah Sexual Battery is code § 76-9-702.1
- Classification: Sexual battery is classified as a Class A misdemeanor
- Description: Someone commits sexual battery if they intentionally touch the anus, buttocks, or genitals of any person or the breasts of a female person.
- Sentence: The sentence for this crime is much less severe. There is no prison time, no sex offender registry, and a prison sentence of a maximum of one year. The fine is up to $2,500.
Contact a Criminal Defense Attorney if Charged with a Sex Crime in Utah
Clearly, there are enormous penalties and long odds when it comes to fighting a sex crime charge in Utah. Working with a qualified Salt Lake City criminal defense attorney is vital to maximizing the chances of a successful outcome. This could include a sexual assault plea bargain to a lesser charge with a lighter punishment, or even having the charges dismissed. Wasatch Defense Lawyers have years of experience with felony and misdemeanor offenses. To set up a free legal consultation with a Utah defense attorney, call (801) 459-8909 or complete our online contact form.
Help for Sexual Assault Survivors
Anyone who has been a victim of sexual assault should contact Rape, Abuse & Incest National Network (RAINN) for online help and local resources.
Everyone deserves aggressive, experienced legal representation.Your solution begins with Wasatch Defense Lawyers, the leading criminal defense law firm in the state of Utah.
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