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AGGRAVATED SEXUAL ASSAULT ATTORNEYS IN TEXAS

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AGGRAVATED SEXUAL ASSAULT CHARGES

Being accused of aggravated sexual assault is one of the most serious and distressing situations a person can face. The mere accusation can turn your life upside down, causing everything from public stigma to strained relationships, even before the severe legal consequences are considered. It is completely normal to feel shocked, overwhelmed, or even numb at the onset of such a charge. 

However, it’s crucial to remember that your next steps will be vital in protecting your future. Hiring an experienced aggravated sexual assault attorney is your best chance to mount a strong defense. These charges carry grave penalties, including the potential for a lengthy prison sentence, so acting quickly and decisively is essential. With the right legal guidance, you can take control of your case and work towards the best possible outcome. 

Don’t face these charges alone – having the right legal support can make all the difference.

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What Constitutes Sexual Assault under Texas Law?

Sexual assault is defined under Texas Penal Code, Section 22.011 as any intentional and non-consensual sexual contact or penetration. This offense involves forcing or coercing another person to engage in a sexual act against their will, without their consent, or when they are unable to consent due to certain conditions, such as unconsciousness or incapacity.

Whether the alleged victim is an adult or a child, sexual assault in Texas encompasses a wide range of behaviors that violate a person’s autonomy and safety. The law is clear: consent is a critical element, and any sexual act conducted without it can lead to criminal charges. Being accused of such a crime is a grave matter, but being accused of aggravated sexual assault is even worse.

Factors that Can Elevate the Charge to Aggravated Sexual Assault

Aggravated sexual assault combines elements of aggravated assault and sex crimes. The aggravating factors are outlined in Texas Penal Code, Section 22.021. These factors make the offense far more severe, and their presence can significantly increase the penalties a defendant faces.

Some key aggravating factors that elevate sexual assault to aggravated sexual assault include:

  • Use of a Weapon: If the accused used or threatened to use a deadly weapon to cause harm during the sexual assault, it escalates the crime to aggravated sexual assault.
  • Use of Drugs: If the accused used drugs or intoxicants to impair the victim’s judgment or ability to resist, this aggravates the offense. The law recognizes that victims who are incapacitated by substances are particularly vulnerable, and any attempt to exploit this vulnerability intensifies the seriousness of the crime.
  • Threat of Violence: If the accused threatened or attempted to cause bodily harm to the victim during the assault, the charge can be upgraded to aggravated sexual assault. This includes threats, whether verbal or through actions, that create fear of serious harm.
  • Age of the Victim: If the victim is under the age of consent, which in Texas is below 14 years old, the offense automatically becomes aggravated sexual assault, regardless of whether the perpetrator knew the victim’s age. This also applies to elderly victims, making assaults against those over 65 years old an aggravated offense.
  • Status of the Victim: When the victim is particularly vulnerable due to mental or physical disabilities, such as being unable to protect themselves or consent due to a disability, the crime is considered aggravated. This ensures that individuals who are unable to defend themselves are afforded additional legal protection.

These aggravating factors make the charge of aggravated sexual assault significantly more severe, and it is crucial to understand their potential impact on your case if you are facing such accusations. With the right legal representation, an experienced aggravated sexual assault attorney can examine these elements carefully and determine the best defense strategy for your case.

Sanctions for Aggravated Sexual Assault

Aggravated sexual assault is the second-most serious type of offense in Texas, right after a capital felony. Due to its severity, the penalties for a conviction are harsh. If convicted, an individual charged with aggravated sexual assault could face a prison sentence ranging from 5 to 99 years in prison. Additionally, the court may impose a fine of up to $10,000, depending on the specifics of the case.

Certain circumstances can lead to even more severe penalties. If the victim is under the age of 6 or if the crime involved additional aggravating factors, the minimum sentence may be elevated to 25 years. Similarly, sexual assault involving a victim between the ages of 6 and 13 can result in a 25-year minimum sentence, particularly if the assailant used a deadly weapon, caused serious injury, or threatened human trafficking.

Another serious consequence is mandatory lifetime registration as a sex offender, which always follows a conviction for aggravated sexual assault. This requirement can severely affect an individual’s ability to find housing or employment, as well as create a lasting social stigma. Given the severity of these penalties, it’s crucial to understand the full extent of the consequences of facing aggravated sexual assault charges. 

With an experienced Texas aggravated sexual assault attorney by your side, it is possible to explore every legal option available and work toward minimizing the penalties and securing the best possible outcome. 

How To Find the Best Aggravated Sexual Assault Attorney

When facing a charge as serious as aggravated sexual assault, you need a lawyer with extensive experience and a deep understanding of the Texas court system to help navigate this complex and high-stakes legal process. 

Our aggravated sexual assault attorneys have the unique advantage of having previously worked as former prosecutors, giving them invaluable insight into how the other side builds their case. Now as defenders, they use that knowledge to craft strong, strategic defenses tailored to the specifics of your case.

What Our Sexual Assault Lawyers Can Do for You

The team of experienced aggravated sexual assault attorneys at M|C Criminal Law is committed to providing you with the best possible defense. We understand the gravity of these charges and will work tirelessly to challenge the evidence, explore all available legal options, and build a defense that protects your future. 

This includes seeking to lower the charges when that is the best option, whether through negotiating a reduced charge or finding legal avenues to lessen the severity of the allegations. From investigating the facts to cross-examining witnesses, we will meticulously handle every detail of your case. 

With our unique perspective as former prosecutors, we are equipped to spot weaknesses in the prosecution’s case and use them to your advantage, all while exploring every possible route to minimize your exposure to the harshest penalties. We will also guide you on how to navigate the social repercussions to start getting your life back on track.

If you are facing aggravated sexual assault charges, don’t wait  – time is crucial in these cases. Contact us today for a consultation, and let our attorneys for aggravated crimes fight for your rights, your freedom, and the best possible outcome.

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