Can I Get Probation Instead of Jail for Sexual Assault?Published: Mar 21, 2021 in Sex Crimes
When you have been charged with sexual assault, your first thought probably revolves around not going to jail. The penalties of a sexual assault conviction are severe in Texas. It’s up to you to do everything possible to protect yourself from time behind bars.
No one wants to spend time in jail, and while your priority should be beating the charges altogether, there are alternatives like probation you can explore.
What Happens When You’re Found Guilty of Sexual?
In Texas, sexual assault is a second-degree felony. That means you can spend between two and 20 years in jail or prison for this offense. You could also be ordered to pay fines of up to $10,000 and register as a sex offender.
As with any crime, the details of your case will determine how severe the penalties might be if you are found guilty. If you’re facing up to 20 years in prison, you must have a strong defense.
Alternatives to Jail
With sex crimes, it is not uncommon for defendants to get sent to jail or prison. Those who don’t have a quality legal defense are more likely to be imprisoned.
But there are alternatives to jail your defense lawyer can pursue. Some of the more common options are community supervision, house arrest, and deferred adjudication.
Probation for Sexual Assault
In Texas, community supervision could be an alternative to jail or prison. But this is only for people who have not been charged with a violent sex crime.
People who are on probation can expect their supervision to last for a set amount of time. The probation office will monitor sex offenders for at least five years in most cases.
When you are on probation, there are several requirements that you’ll need to meet. Some might include:
- Register as a sex offender
- Submit to electronic monitoring
- Submit to random drug and alcohol testing
- Maintain or attempt to obtain employment
- Pay restitution to the victim
- Submit a DNA sample to law enforcement
- Report to the probation office
- Avoid any contact with minors
The best alternative to jail is the comfort of your own home. Not every convicted sex offender will be eligible for house arrest. Only those who are non-violent offenders could request that their sentence be commuted to house arrest. Even then, house arrest is rarely given in Texas, particularly for sex crimes.
If the courts grant your request, you may be required to wear a GPS monitoring device. You will need to adhere to other rules, such as remaining confined at home during the specified hours.
Deferred adjudication could be a good alternative to prison or jail. With deferred adjudication, you could clear your name of all charges. You will plead no contest or guilty to the crime. Then, the final adjudication is delayed until you complete community supervision.
You must adhere to the terms of the agreement. If you violate the terms of the agreement, the guilty plea will no longer be in place. Then, you can be found guilty of sexual assault. If you can complete the plea agreement’s terms, you will not have a conviction on their record. This is one of the more preferred alternatives if you are hoping to avoid being sent to jail.
Get Help From a Sexual Assault Lawyer in Houston
If you are facing sexual assault charges, you need to act fast. Defending yourself is the best way to avoid jail.
To get started, meet with an experienced Houston sexual assault lawyer. Contact The Law Offices of Ned Barnett to discuss your possible defense strategies.
Call us at (713) 222-6767 or complete our contact form to set up your free consultation.