Understanding Wisconsin’s Four Degrees of Sexual Assault Charges

Wisconsin divides sexual assault accusations into four levels of severity. Knowing which charge applies is the first step in building a defense.

First Degree

The most serious level. It typically involves allegations of sexual contact or intercourse coupled with an aggravating factor, such as the use of a dangerous weapon, infliction of great bodily harm, or involvement of multiple people.

Second Degree

Still a very serious felony. This charge often involves claims of force, violence, or an accuser who was allegedly unconscious, mentally incapacitated, or otherwise unable to consent.

Third Degree

This charge concerns alleged sexual intercourse where the accuser could not legally consent, often due to significant intoxication or a mental condition.

Fourth Degree

The least severe of the four. It generally involves accusations of unwanted sexual contact but not intercourse. Depending on circumstances, it may be charged as a misdemeanor or a felony.

The Firm’s Results

Please remember that any accusation or formal charge against you is not a conviction. Every accusation and charge can have numerous countering defenses, and because you are innocent until proven guilty, there is hope for your case.

Tracey Wood and Associates has a long record of protecting clients from life-altering consequences. Their work has resulted in dismissals, reductions, reversals, and complete exonerations. Below are several examples of favorable outcomes for sexual assault charges.

Case Examples

Sexual Assault Allegation and College Disciplinary Action

A young client was simultaneously accused of sexual assault and threatened with expulsion by his university. The Tracey Wood and Associates defense team launched an immediate investigation, challenged the credibility of the allegation, and successfully secured a full dismissal of all criminal charges. They also intervened with the university’s disciplinary board, preventing any academic sanctions.

Result: All charges dismissed and no action on academic record.

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Sexual Assault in Dane County
A professional client was facing an extremely serious sex-crime felony accusation. The defense team at Tracey Wood and Associates moved quickly, mounting a thorough investigation. During this investigation, they identified inconsistencies in the evidence. The defense team challenged the prosecution’s case, and the prosecutors agreed to amend the charge to simple Disorderly Conduct. The amended charge will be dismissed after one year, leaving the client with no lasting criminal record and no requirement to register as a sex offender.
Result: Case dismissed after amended charge.

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Second-Degree Sexual Assault in Wood County

A client was facing serious accusations with potentially life-changing consequences. The defense team at Tracey Wood and Associates dug into every detail of the prosecution’s evidence and uncovered major weaknesses in the state’s case against the client. After those issues were presented, the prosecution dismissed the charges in full.

Result: Complete dismissal.

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False Allegation at a Wisconsin College

A college student was accused of sexual assault and faced expulsion along with lasting harm to his future. The defense attorneys at Tracey Wood and Associates stepped in immediately, conducted their own thorough investigation, and proved that the allegation lacked credibility. Both the university and law enforcement dismissed the matter.

Result: Case dismissed; student’s education and reputation protected.

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Sexual Assault Allegation Involving Intoxication

A client was charged with sexual assault, and the accusation involved claims that the alleged victim was too intoxicated to consent. The defense team at Tracey Wood and Associates challenged the state’s evidence and uncovered credibility issues within the investigation. The prosecution dismissed the case entirely.

Result: Complete dismissal.

Preparing to Win Your Sexual Assault Case

Any sexual assault case carries built-in bias because of the nature of the accusation. In a sexual assault trial, the State is not presenting neutral facts. They build an emotional narrative with one goal, to make the judge or jury see the accused in the worst possible light. Their story is intentional, strategic, and designed to cast the accused as the villain.

The secret to winning sexual assault cases comes down to one word, preparation. The kind of preparation that digs into every detail, anticipates every move, and builds a defense that is stronger than the story being told by the other side. A powerful defense begins long before trial with an immediate investigation to uncover valuable evidence and witnesses. Early preparation also helps the defense team better understand the prosecution’s motives and tactics, and to know how each piece of evidence will be received, interpreted, and felt in the courtroom.

The defense team at Tracey Wood and Associates has a track record of success because by the time you walk into court, they aim to be better prepared than the prosecutor trying to punish you or the police officer who arrested you. They build strategic and impactful defenses rooted in truth, evidence, and clarity. They shape that truth into a story a jury or judge can comprehend, connect with, and ultimately believe.

In these cases, winning is not luck. It is a mindset shared by the client and the defense attorneys. It comes from mastering the facts, deeply understanding the client, and putting in the level of work the other side will not. When the defense presents a clear, precise, and evidence-backed story, reasonable doubt rises naturally and innocence becomes undeniable.

Proactive Intervention During an Investigation

People being investigated early on for a crime have a big advantage. Charges have not been filed, which means they may never be filed. If you are in the early stages and an investigator asks you to come to the station or wants to meet with you, the smartest thing you can do is decline that invitation and have an attorney speak for you. An experienced defense attorney can protect you from saying anything that could be used to build a case against you and can stop the opposing side from shaping a story that paints you as a dangerous person.

Tracey Wood and Associates understands how early intervention changes outcomes. When you bring an attorney into the process at the start, you immediately level the playing field. The law can lean in your favor or against you. Your attorney determines that direction. Do not take a single step forward without someone who knows how to challenge accusations, control the flow of information, and place pressure back on the State.

Sexual assault accusations are serious. Many cases are driven by personal motives and many claims are not as accurate as they were first made to be. The people accused of these crimes are not predators. They are human beings caught in a situation that can easily be misunderstood.

Schedule a Free Case Evaluation

Tracey Wood and Associates offer no cost case evaluations for anyone facing a sexual assault accusation. These meetings usually last about an hour and are fully protected by attorney client privilege, which means everything you share stays private and confidential. You can explain what happened, ask questions, and get a clearer understanding of what defenses may work in your favor, helping you sleep better tonight. Our legal team will also ask questions so we can understand your situation and begin a preliminary investigation. At the end, we can give you a quote to immediately start representing you and taking on your case. There is no cost and no pressure to hire the firm. It is simply a direct and honest way for both sides to see if the representation is the right fit. Please submit your contact information below to get started.