Sexual Assault in the Fourth Degree Connecticut Defense Lawyer

Being arrested for sexual assault in the fourth degree in Connecticut is terrifying. Even though this is the lowest-level sexual assault charge, the consequences can still be life-changing. A conviction can bring jail time, probation, and a permanent criminal record that can follow you for the rest of your life.
Just because the charge is labeled “fourth degree” does not mean the system will treat it lightly. Prosecutors, judges, and police take sex crime allegations extremely seriously, and the stigma alone can have lasting consequences. That’s why having an experienced defense lawyer on your side right away is essential.
The Law: C.G.S. § 53a-73aConnecticut law defines sexual assault in the fourth degree under C.G.S. § 53a-73a. The statute makes it a crime to engage in sexual contact with another person under certain circumstances, including situations where:
- The other person does not or cannot consent.
- The accused uses force, threats, or intimidation.
- The alleged victim is under the age of consent.
- The accused holds a position of trust or authority, such as a teacher, coach, or caregiver.
“Sexual contact” is defined broadly and can include over-the-clothing touching if it is for the purpose of sexual gratification.
Penalties for Fourth-Degree Sexual AssaultSexual assault in the fourth degree is usually a Class A misdemeanor in Connecticut. The maximum penalty includes up to one year in jail, fines of up to $2,000, and probation with mandatory counseling or behavioral restrictions.
A critical point is sex offender registration: it is required only if the alleged victim is under 16 years old. For most adult cases, registration is not required, which makes these cases very different from felony-level sex offenses. Still, the consequences of a conviction remain severe.
Real-World ScenariosMany arrests for this offense come from gray areas where the facts are not clear-cut. For example, accusations may arise from a crowded bar or nightclub where contact is misinterpreted, or from a dating situation where one-person later disputes whether consent was given.
Workplace allegations are another common source of charges, especially when there are power dynamics between employees and supervisors. In custody or divorce disputes, exaggerated or even false claims can sometimes be made to gain an advantage. These cases often turn more on credibility and perception than on physical evidence, which makes them highly defensible with the right strategy.
Defense StrategiesJust because you were arrested does not mean you will be convicted. Many of these cases can be successfully challenged in court.
Defense strategies often include:
- Questioning the accuser’s credibility
- Showing that consent was present
- Highlighting the lack of physical evidence
- Demonstrating that the allegations were made for revenge or leverage
In some cases, diversionary programs such as the Accelerated Rehabilitation (AR) program can provide a practical path to dismissal. Each case is unique, and the best strategy depends on the specific facts, but having a skilled defense lawyer ensures that every available defense is explored.
Why Early Action MattersSex crime cases move quickly, and waiting to act can make your defense much harder. Police and prosecutors may already be building their case against you, and once evidence is collected, it becomes harder to challenge.
By retaining a lawyer immediately, you protect yourself during questioning, preserve your rights, and give your defense team the chance to get ahead of the allegations. Early action also creates opportunities to negotiate with prosecutors or apply for diversionary programs before the case becomes locked into a trial posture. Acting fast is one of the best ways to protect your future.
FAQs About Sexual Assault in the Fourth Degree1. Is Sexual Assault in the Fourth Degree a Felony in Connecticut?No. It is a Class A misdemeanor punishable by up to one year in jail, fines, and probation. While it is not a felony, the charge still carries serious long-term consequences if not handled properly.
2. Do I Have to Register as a Sex Offender for This Charge?Registration is required only if the alleged victim is under 16 years old. For adult cases, registration is not imposed, which makes a huge difference in how the case impacts your life. Still, the stigma of the charge alone can be devastating without a strong defense.
3. Can This Charge Be Considered a Domestic Violence Case?Yes. If the alleged victim is a spouse, partner, family member, or roommate, the case is classified as domestic violence. This adds protective orders, Family Relations interviews, and possible counseling requirements on top of the criminal penalties.
4. Can the Charge Be Dismissed?Yes. Many first-time offenders can apply for the Accelerated Rehabilitation (AR) program, which, if granted and completed, results in dismissal. Other dismissals can be achieved through weak evidence arguments or credibility challenges.
5. What if the Alleged Victim Does Not Want to Press Charges?The case still belongs to the State of Connecticut. Even if the accuser changes their mind, prosecutors can move forward if they believe there is enough evidence. This is why early legal representation is so important.
6. What Defenses Are Available?Defenses may include showing that contact was consensual, proving mistaken identity, or exposing outright fabrication. Lack of intent is another possible argument. The right defense depends entirely on the specific facts of your case.
7. Will This Show Up on a Background Check?Yes. Even if you are not convicted, the arrest itself can appear on court databases and background checks. Only dismissal or erasure through a program like AR can fully protect your record.
8. How Long Does the Case Usually Take?Most cases take six months to a year to resolve. If you are granted AR, the program typically lasts one to two years before final dismissal. The timeline depends heavily on the court and the complexity of the allegations.
9. Can a Conviction Affect My Job?Yes. Employers take sex crime convictions very seriously, and a record can impact work in almost every industry. This is especially true for jobs involving children, healthcare, finance, or government licensing.
10. What Happens at the First Court Date?You will be arraigned before a judge in Superior Court. The judge may impose bond conditions and issue a protective order, and Family Relations will conduct an assessment if the case is classified as domestic. Having a lawyer present is crucial to minimize these conditions.
Take Action NowA sexual assault in the fourth degree charge does not have to define your life. With the right defense, many of these cases can be reduced, diverted, or dismissed before they cause lasting damage.
📞 Call me, Allan F. Friedman, Criminal Lawyer, today at (203) 357-5555 or contact me online for a free consultation. The sooner you act, the stronger your chances of protecting your rights and your future.