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Sexual Assault

Sexual Assault Attorney in Springfield

Confident Defense When You Need It Most

Allegations of sexual assault carry serious and lasting consequences. When you need guidance and strong support, Cole & Martin Attorneys at Law, LLC is ready to help. Our team brings more than 90 years of combined criminal law experience, including years as prosecutors.

Our office in Springfield understands the impact these accusations can have on your life and your family. We guard your privacy and treat every conversation with total confidentiality. When you reach out early, we can answer critical questions about your situation and explain what steps come next. 

Our team also serves clients from Greene County and the surrounding area, using local insight that helps you build a solid defense. Every situation is unique, so we tailor our approach to the circumstances of your case and to local legal procedures.

The future you deserve is worth fighting for. Our firm offers free consultations and affordable services to start building your defense today. Contact Cole & Martin Attorneys at Law, LLC at (417) 213-5441 or contact us online to speak with a sexual assault attorney in Springfield.

Understanding Sexual Assault Laws in Missouri

While "sexual assault" is a widely used term, Missouri law primarily prosecutes non-consensual penetrative acts against adults under the statutes for Rape and Sodomy. These offenses are defined under Chapter 566 of the Revised Statutes of Missouri (RSMo) and are categorized by the nature of the act and the elements of force or lack of consent.

The law differentiates charges based on the circumstances, most notably:

Rape in the First Degree

This is the most severe charge involving non-consensual sexual intercourse (defined as any penetration, however slight, of the female sex organ by the male sex organ). A person commits this crime if they have sexual intercourse with another person who is:

  • Incapacitated: Due to physical or mental condition, including being intoxicated or unconscious.
  • Incapable of Consent/Lacking Capacity: Unable to make a rational judgment about the nature or harmfulness of the conduct.
  • By Forcible Compulsion: Using physical force that overcomes reasonable resistance, or a threat that places the person in reasonable fear of death, serious physical injury, or kidnapping.

Sodomy in the First Degree

This is the non-consensual counterpart to Rape, involving deviate sexual intercourse (acts involving the genitals of one person and the mouth, tongue, or anus of another person, or penetration by a finger, object, or instrument). The elements of forcible compulsion or incapacity are the same as those required for Rape in the First Degree.

Lesser Offenses

For acts that do not involve penetration or intrusion, the state may charge Sexual Abuse or Sexual Misconduct. These are still serious offenses, but they involve sexual contact (touching of another person’s genitals, anus, or breast for sexual desire, or touching through clothing). 

Reducing a primary felony charge to a lesser offense like Sexual Abuse in the Second Degree is a primary goal for any dedicated Springfield sexual assault lawyer.

Severe Penalties and Collateral Consequences of a Conviction in Missouri

A felony conviction for sexual assault in Missouri is an existential threat to your future. The state imposes some of the most severe sentences in the nation, often accompanied by mandatory lifetime restrictions.

Direct Penalties and Sentencing

The direct penalties for first-degree offenses are among the harshest in the Missouri criminal code:

  • Rape in the First Degree / Sodomy in the First Degree — Unclassified Felony; punishable by 5 to 30 years or life imprisonment; no suspended imposition or execution of sentence permitted.
  • Aggravated Sexual Offense — Unclassified Felony; 15 years to life imprisonment; enhanced sentencing applies if the offense involved injury, use of a deadly weapon, or multiple assailants.
  • Rape in the Second Degree / Sodomy in the Second Degree — Class D Felony; up to 7 years in prison and fines up to $10,000.

A conviction for a first-degree offense often means that you are not eligible for probation or a suspended sentence, making a lengthy prison term a virtual certainty without a strong defense. Our job as your Springfield sexual assault lawyer is to fight relentlessly to prevent these outcomes.

Lifelong Collateral Consequences

Beyond incarceration, a conviction triggers a host of non-direct consequences that continue long after any sentence is served:

  • Sex Offender Registration: Conviction for almost any felony sexual assault offense under Chapter 566 mandates lifetime registration on the Missouri Sex Offender Registry. This is a public registry that includes your name, photo, address, and conviction details.
  • Residency Restrictions: Sex offender registration comes with severe restrictions on where you can live, often barring you from residing near schools, parks, or daycares, which drastically limits housing options in the Springfield area.
  • Professional and Employment Disqualification: A felony sex offense will permanently disqualify you from many professional licenses (teaching, medicine, childcare, law, finance) and will severely restrict your access to nearly all employment opportunities.
  • Loss of Civil Rights: You will permanently lose the right to possess firearms. Additionally, your right to vote may be restricted while you are incarcerated or on parole.
  • Child Custody Impact: A conviction can be used as devastating evidence in family court proceedings, often leading to the loss or severe restriction of child custody and visitation rights.

Our Comprehensive Approach to Sexual Assault Defense

Our firm, Cole & Martin Attorneys at Law, LLC, dedicates significant resources to building a fortress around your case. Our defense strategy is not boilerplate; it is a calculated, evidence-based attack on the prosecution's narrative, tailored by your sexual assault attorney in Springfield to the unique facts and legal landscape of Missouri.

We build our defense on several strong pillars:

  • Challenging Credibility and Motive: Many sexual assault cases lack independent witness testimony and rely entirely on the accuser. We conduct a thorough investigation into the relationship dynamics, potential motives for false reporting (e.g., revenge, remorse, custody disputes), and any inconsistencies between the accuser’s initial statements and later testimony.
  • Expert Forensic and Medical Analysis: We never rely on the State’s forensic evidence. We consult with independent DNA specialists and medical experts to re-analyze evidence, potentially revealing contamination, faulty testing procedures, or conclusions that are not supported by science. This includes challenging the prosecution's interpretation of "lack of injury" versus "force."
  • The Defense of Consent or Mistake of Fact: In many situations, an alleged act may have initially been consensual, or there may have been a reasonable miscommunication about consent. We leverage the Missouri statute allowing for a defense based on the defendant’s reasonable belief that the victim consented or was capable of consenting, directly attacking the mens rea (intent) required for a conviction.
  • Digital Evidence Scrutiny: We obtain and meticulously review cell phone records, social media activity, texts, and emails that may provide an alternative account of the interaction, the victim’s emotional state immediately following the incident, or communication that contradicts the claim of non-consent or incapacitation.

Why Choose Our Sexual Assault Defense Lawyers

We believe your future deserves defense backed by preparation and experience. You receive both in our meetings, our planning, and in the courtroom. Our reputation comes from years of working in Missouri’s criminal justice system.

  • Decades of diverse experience: Our attorneys bring over 90 years spent defending and prosecuting criminal cases.
  • Former prosecutors on your side: We know the prosecution’s approach and use that insight for your defense.
  • Personalized strategies for every client: We evaluate your unique situation and create a clear plan for you, never a generic template.
  • Recognized results: Accolades like Super Lawyers Rising Stars and Top 90 Under 90 highlight our commitment to professional excellence.
  • No-risk consultations: Your first meeting costs nothing, so you get honest feedback before making any decisions.

We know how prosecutors and judges in Springfield approach sexual assault defense cases and what they look for at every stage. By drawing on this inside knowledge, we offer support that reflects the realities of local courts. We keep you informed and make your best interests our highest priority.

Our Process: How We Defend Against Sexual Assault Charges

When you work with a sexual assault defense lawyer in Springfield, you deserve clarity and a plan for each step. Here’s how our team supports you through the criminal defense process:

  1. Initial Consultation: We meet with you in a confidential setting to discuss your details and concerns, setting the groundwork for informed advice.
  2. Case Evaluation: Our team reviews police records, available evidence, and witness statements. The prosecutor’s perspective we bring helps reveal weaknesses and opportunities for your defense.
  3. Personalized Strategy: We develop a plan that fits your situation, using plain language to explain key decisions and possible outcomes.
  4. Active Guidance: You have our support at every point, from preparing for hearings to making sure you understand your rights and choices.
  5. Transparent Communication: We keep you updated with straightforward explanations, helping you stay informed and confident throughout the process.

We recognize that the criminal process in Springfield brings anxiety, especially when facing sensitive charges. Our attorneys take the time to explore all sides of your situation. We interview witnesses and assess the way law enforcement handled the case, considering regional details such as local law enforcement agencies and common court timeframes in Greene County. 

Early efforts may include making requests under Missouri law or gathering independent testimony to support your version of events. Our role is to bring order and predictability to what often feels like an overwhelming time, giving you the knowledge and reassurance to move forward.

Your Next Step: Contact a Sexual Assault Attorney in Springfield

When a sexual assault charge threatens your future, early action gives you the widest range of defense options. Schedule your no-cost consultation with Cole & Martin Attorneys at Law, LLC, and meet with attorneys who draw upon decades of experience—both prosecuting and defending criminal cases in Springfield and Greene County. 

In your first meeting, we’ll listen, clarify your legal status, and outline your next steps for free. You’ll receive a level-headed assessment rooted in real experience, clear answers to your questions, and the support you need to make the right choices. 

Call (417) 213-5441 or reach out online now to speak with a dedicated sexual assault attorney in Springfield and start building your defense.

Frequently Asked Questions

What should I do if accused of sexual assault in Springfield?

Consult a defense lawyer before speaking with police or investigators. Stay calm and avoid discussing the matter with anyone besides your legal team to protect your rights.

Will my case go to trial?

Not every charge results in a trial. The outcome depends on the details, available evidence, and the strategy you create with your defense attorney.

Can a defense attorney help if I already spoke to the police?

Yes. Even if you have answered investigators’ questions, a sexual assault defense lawyer can still step in and help protect your rights moving forward.

How long does the sexual assault defense process take in Missouri?

Each case is different. The timeline depends on the complexity, evidence, and court schedules. Your attorney can provide an estimate after reviewing your case details.

What penalties might I face if convicted?

Possible penalties depend on the charges proved under Missouri law and the court’s discretion. These may include jail time, fines, or sex offender registration requirements.

Our Testimonials

What Do Our Clients Have To Say?
  • “An attorney that cares!”
    “He went out of his way to see me and made me feel like it's going to be OK!”
    - Andy E.
  • “Shows true concern.”
    “Ryan has represented me in multiple counties. He is always straight forward, honest, face to face and punctual. Ryan will work for you on a personal level while showing true concern for your situation.”
    - Anthony M.
  • “Best Decision I've Ever Made!”
    “I haven’t always been the best at making good decisions. There was a time in my past where I repeatedly made mistakes. Ryan’s expertise of the law helped save my future.”
    - Eric
  • “Some of the best in Southwest Missouri”
    “Very efficient and professional criminal defense team. If you need great attorneys, these guys are some of the best in Southwest Missouri.”
    - C.F.
  • “He was very professional and had my back through my entire case!”
    “He was very professional and had my back through my entire case!”
    - E.W.
  • “Ryan and Tyson made one of the worst experiences of my life into something really simple to handle”
    “Ryan and Tyson made one of the worst experiences of my life into something really simple to handle”
    - C.G.
  • “He provided excellent service, demonstrating professionalism and personal attention to all the details of my case.”
    “He provided excellent service, demonstrating professionalism and personal attention to all the details of my case.”
    - A.S.

What Sets Our Firm Apart

  • Free Criminal Case Consultations Provided
  • Strategies Customized to Your Case
  • Former Prosecutor In Your Corner
  • Backed By Over 90 Years Of Experience

Contact Us Today

The Right Attorney Can Make All The Difference
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