Sexual Assault of a Child Defense in Milwaukee

Facing an Investigation? Put 43 Years of Combined Experience to Work

Wisconsin law uses the term sexual assault of a child for conduct commonly described as child molestation. An allegation may begin with an interview request, arrest, formal charge, or Milwaukee County Circuit Court proceeding. Decisions made at any of these stages can affect the evidence and available defense options.

If an investigator contacts you, you can decline substantive questioning and request an attorney before answering questions or consenting to a search. Don’t delete messages, discard devices, alter records, or take other actions that could damage potential evidence. We represent people facing criminal investigations and charges in Milwaukee and can assess the specific statute, alleged conduct, statements, and available evidence.

Call (414) 441-4321 before speaking with investigators or making decisions about potential evidence.

How Wisconsin Classifies Sexual Assault of a Child Charges

Wisconsin Statute section 948.02 distinguishes first-degree sexual assault of a child from second-degree sexual assault of a child. The charge may depend on the child’s age, the alleged conduct, whether force or a threat was alleged, and whether the accusation involves great bodily harm, a statutory category of serious injury.

Important distinctions under section 948.02 include:

• First Degree: Different provisions address sexual contact or sexual intercourse with a child below specified age thresholds, the use or threat of force, or great bodily harm.
• Second Degree: This offense addresses sexual contact or sexual intercourse with a person who hasn’t reached 16 years of age.
• Sexual Contact: This statutory term covers specified intentional touching when the prosecution alleges a required purpose, such as sexual arousal, gratification, degradation, or humiliation.
• Sexual Intercourse: Wisconsin defines this term more broadly than it’s commonly used in everyday conversation.

The prosecution must prove every element of the charged provision beyond a reasonable doubt. Under the applicable statutory rules, the child’s consent and a mistake about the child’s age aren’t defenses. Any defense must instead address the actual elements, evidence, constitutional issues, and reliability of the accusation.

Potential Penalties & Related Child Sex Offenses

First-degree and second-degree charges are serious felonies. Potential imprisonment, fines, extended supervision, and sentencing conditions depend on the subsection charged, aggravating allegations, prior record, and applicable sentencing rules. Certain convictions may also require lifetime sex-offender registration, which can affect housing, employment, public records, and supervision after a criminal sentence. The registration period and specific restrictions depend on the conviction and Wisconsin law.

Related allegations may involve:

• Repeated acts of sexual assault of the same child
• Failure to act to prevent sexual contact or sexual intercourse
• Child enticement
• Computer use to facilitate a child sex crime
• Sexual assault by a person who works or volunteers with children

Each offense has distinct elements. The specific allegations must be identified before an attorney can assess potential exposure, available motions, or possible resolutions.

How Evidence Can Shape the Defense

A defense review may examine how the report began, when interviews occurred, what questions were asked, and whether accounts changed over time. Relevant evidence may include police reports, recordings, messages, social media records, photographs, medical or forensic materials, location information, and data extracted from electronic devices.

Legal and factual issues may include:

• Statements: Whether investigators complied with constitutional requirements when questioning the accused.
• Searches: Whether law enforcement had valid consent, a warrant, or another lawful basis to obtain physical or digital evidence.
• Witness Accounts: Whether records or testimony corroborate or contradict material parts of the allegation.
• Admissibility: Whether suppression, hearsay, confrontation, or forensic-evidence issues limit what the prosecution can present.
• Statutory Elements: Whether the evidence proves the alleged conduct, required intent, age element, and any aggravating factor.

We evaluate possible constitutional violations, prosecution evidence, witness accounts, and weaknesses that may affect the case. Depending on the facts and the client’s goals, the strategy may involve pretrial motions, negotiations, trial preparation, or a combination of these steps.

Personalized Criminal Defense for a Sensitive Allegation

Ritter Law Office, LLP practices exclusively in criminal defense. Our attorneys have handled hundreds of trials throughout their careers, and that experience informs how we evaluate the state’s evidence and prepare for contested proceedings.

We listen to each client’s account, identify individual priorities, and approach the case with the care we’d give a family member. Our attorneys are familiar with the district attorneys and judges who handle criminal cases in Milwaukee. We can pursue negotiated options or take a case to court when either approach serves the client’s interests.

Get Legal Guidance Before Your Next Statement or Court Date

A free consultation allows you to discuss the status of the investigation, any filed charges, upcoming court dates, and your most immediate legal concerns. We can explain the accusation, assess the available information, and outline potential next steps without promising a particular result.

You don’t need to describe sensitive facts publicly or give investigators another statement before seeking legal advice. Speak directly with our attorneys about protecting your rights and preparing for what comes next.

Call (414) 441-4321 to request a free consultation with Ritter Law Office, LLP.