Sexual assaults are extremely painful and horrific for the victims. When a weapon is brought into the picture, it makes it even more terrifying. That’s why any person who uses a weapon during a sexual assault occurrence will most likely be punished the maximum sentence allowable. If you’re being accused of committing a sexual assault with a weapon, it’s important to contact your Long Beach sexual assault attorney to help handle the case.
Sexual assault with a weapon usually ads in other factors such as aggravated assault and causing bodily harm which is why there is a legal standard to punish these offenders with maximum sentence possible. Weapons add an even more dangerous aspect to the crime being committed.
Before a rape occurs, there is usually some form of assault that accompanies it. That might be through intimidation, coercion, with use of a substance or drug, and often the threat of physical force if the victim does not submit to the unwanted advances. When a weapon is present, that only heightens the danger and the fear that the victim will feel.
These types of incidences are incredibly traumatic and it shows that there’s little chance of the victim getting way without the threat of injury or even death. Victims who are sexually assaulted and a weapon was used as a threat often feel they have no choice but to submit or risk their life trying to escape. This is undoubtedly why these types of crimes often get the maximum sentence.
What is Aggravated Sexual Assault?
Aggravated sexual assault is essentially the worst type of sexual assault. It’s the term given to sexual assault that is committed with a weapon. Having a weapon on you alone is enough to add additional charges to the already illegal activity. Using it in any crime will automatically increase the seriousness of that crime and the sentence that follows.
Other issues that can add sentencing time includes injuries that might’ve occurred during the sexual assault. How a weapon is used within that particular crime makes all the difference in the world between how the case is tried. The prosecutors will do whatever they can to slap the harshest consequences possible on the individual. Again, this proves why it’s super important to hire a defense attorney to represent you in a case like this.
No judge or jury is going to be sympathetic to someone being accused of aggravated sexual assault. It’s going to require a lot of effort on behalf of the defense team to prove the case and relay reasonable doubt against accusations against you. The existence of a gun within the case dramatically complicates matters.
Rape and itself is an incredibly traumatic experience for the victim to face. It’s also a serious crime that comes with a lot of jail time. That’s because rape can be extremely difficult to overcome and might require years of counseling. The trauma caused by the rate is increased when a weapon is part of the equation. This often will increase the severity of the crime to aggravated rape.
Many states have different degrees of what they consider sexual assault. Other states don’t do that and just consider aggravated rape any type of rape or sexual assault that involves a weapon. That means the punishment that other penalties will vary depending on the state in which the case is tried. There are a lot of different factors to be included.
Non-aggravated Sexual Assault
There are several factors that determine whether a case is aggravated or non-aggravated sexual assault. It really depends on the different states and how each state tries these cases. It also involves the different elements that take place within each particular case. The details aren’t always the same for every accusation and have different limiting factors and how far the prosecution can push their case.
The crime is elevated when the person committing at uses a deadly weapon during the encounter. The weapon doesn’t even have to go off or be used to cause bodily injury. Just using a gun or knife to intimidate or threaten someone doesn’t give in to a demand to seriously elevate the level of the crime. Other essences include cases where bodily harm is conducted that disfigures or disables the victim, but this doesn’t always have to be the case with aggravated sexual assault. Just having the weapon is enough.
If the perpetrator inflicted more severe damage or trauma under the victim, such as showing zero remorse or indifference, or by the use of drugs and alcohol to incapacitate the victim, these can all be considered aggravated sexual assault. In fact, these factors would elevate the non-aggravated case to aggravated rape. So, as you can see, all it takes is one extra factor involved to change the whole scope of the case.
Hiring a Defense Against a Rape Claim
In these types of situations, hiring a defense attorney will help you understand how these types of cases are navigated. A criminal defense attorney will understand the laws of your state and will put together an effective defense designed to prove your innocence. This is especially true if the crime was committed and a weapon was involved. We’ve already seen how certain factors can change the entire scope of the investigation as well as the punishment.
You’ll need to present strong evidence on your site for why you’re innocent of the charges being presented. A defense attorney will help you through this process.