Legal Question in Criminal Law in Nebraska

Re: Charged

Its impossible to say what a sentence would be in your case without knowing much more, and even then it would be no better than a guess.

The factors that would affect a sentence would be the following:

1. Your age, educational history, and social history.

2. Your criminal record (including juvenile offenses) Yours is good, and this will work in your favor.

3. The likelyhood that probation or some lesser sentence would prevent future offenses

Probably most important in a sexual assault case would be the effect on the victim, and their characteristics. For example, a serious groping of an adult in a situation where consent might have been possible will result in a less severe sentence than a case involving a child.

Also, the facts surrounding the offense will be important. Is this the result of a plea down from a first degree sexual assault? The maximum is a very real possibility, the court will consider that you got your break on the reduced charge and hit you harder than if this is the original charge. If a child is the victim, and you are someone who is in a position of trust (parent, step-parent, uncle etc.) the max is also likely.

Psychological evaluations would also be a factor. If you are diagnosed as a pedophile, or a antisocial personality disorder, or some other condition that increases your risk of re-offense, it also increases your risk of a longer sentence. On the other hand, a psych evaluation which shows that you do not have one of these diagnoses will improve your chances of convincing the judge that you are not a risk for re-offense.

Talk to your lawyer or get one immediately. Discuss with him or her the sentencing statute, psychological evaluations [get one by your own expert if possible, don't just rely on the court ordered one in the PSA, unless it's great] and act on the recomendations in any evaluation. Don't show up at sentencing and say "I'm planning on going to go to treatment, Judge." You want to say, "I've been to treatment, Judge and they say I'm doing well. I will be in this as long as it takes, but they say I should be done by..."

Talk to your lawyer and don't listen to everybody else's opinion about somebody else's case. This is especially true of "jailhouse lawyers" and relatives.

Good luck

Bill Jones