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Houston Sexual Assault Lawyer

Were you accused of sexual assault? Your reputation & freedom are on the line. Don’t take things lightly. Call attorney Ned Barnett now. Early intervention from the right lawyer can make the difference.

Houston Sexual Assault Attorney

If you are accused of sexual assault, it’s important to have an attorney by your side and have them present during any conversations. Learn how Ned Barnett can defend your rights during an investigation for sexual assault.

How Does Texas Law Define a Sexual Assault Victim?

At The Law Offices of Ned Barnett, we know who easily a false allegation or misunderstanding can spiral out of control. We also know sexual assault accusations and charges can ruin your life. The criminal penalties can strip you of your freedom, and the damage to your reputation will haunt you long afterward. You must defend yourself. It’s possible to clear your name and resolve these cases favorably.

Having an experienced Houston sexual assault lawyer by your side is the first step. The Law Offices of Ned Barnett can help. With over two decades of experience, insight as a former prosecutor, and the commitment to protect you, let attorney Ned Barnett review your case.

Call (713) 222-6767 or contact us online for a free and confidential consultation.

Sexual Assault Crimes in Houston

Sexual assault is defined under Texas Penal Code Section 22.011(a)(1)(A) through (C). It makes the following illegal:

  • Penetrating the sexual organ or anus of another, by any means, and without consent
  • Penetrating another person’s mouth with a sexual organ without consent
  • Causing someone to come in contact with a sexual organ, anus, or mouth
  • Causing someone to penetrate an organ, anus, or mouth without consent

Sexual Assault & Aggravated Sexual Assault

Sexual assault crimes are divided into Section 22.011 and Section 22.021 based on the severity of the circumstances involved.

Sexual assault cases in Texas include:

  • Sexual assault of an adult or child
  • Aggravated sexual assault of an adult or child
  • Super aggravated sexual assault of an adult or child

You face aggravated sexual assault charges if the alleged act:

  • Caused injury to a victim
  • Caused injury to another
  • Killed the victim
  • Killed another person
  • Involved Threats to harm, kill, kidnap, or traffic another person
  • Involved the use of a deadly weapon
  • Involved another person
  • Involved substances that impaired the victim
  • Involved a child under the age of 14

The penalties for either sexual assault or aggravated sexual assault are devastating. It’s critical to reach out to a lawyer right away.

Sexual Assault of an Adult or Child

Sexual assault of an adult or child is a second-degree felony. Penalties range between two and 20 years in prison if convicted, with maximum fines of $10,000. You will also need to register as a sex offender for life.

Aggravated Sexual Assault of an Adult or Child

Aggravated sexual assault is a first-degree felony. You could be ordered to spend between five and 99 years in prison. Maximum fines can reach $10,000. And lifetime sex offender registration is mandatory.

Super Aggravated Sexual Assault of an Adult or Child

This offense is not a separate statute. The term reflects the aggravated assault of certain minor victims. You can face super aggravated sexual assault charges if:

  • The minor was under six years old
  • The minor was under 14 years old, and it happened twice at least 30 days apart
  • You caused the victim harm
  • You tried to kill them

This is a first-degree felony. You could spend up to 25 years in prison. Some sexual assault convicts get life without parole. Those released must register as sex offenders for life.

How Will Your Sexual Assault Attorney Defend You?

The other consequences for sexual assault go beyond prison, sex offender registration, and fines. You can expect to deal with:

  • Terms of probation
  • Parole limitations
  • Random drug testing
  • Curfew
  • Limitations on where you may live
  • Challenges finding employment
  • Challenges maintaining employment
  • Limitations on where you may work
  • Challenges returning to school
  • Unable to qualify for federal financial aid
  • Unable to obtain specific professional licenses
  • Loss of your right to own firearms
  • Citizenship issues
  • Other immigration issues
  • Loss of custody or visitation with your children
  • Difficulty establishing yourself within a community
  • Strained family and friends
  • Damage to your reputation
  • Feelings of shame

These are only a few penalties you could face. Defend yourself with help from a Houston sexual assault lawyer.

Ways a Sexual Assault Lawyer Could Help You

These are highly sensitive, fact-driven criminal cases with enormous stakes. They take tremendous skill, experience, and compassion.

When you’re accused of sexual assault, you need more from your defense lawyer. At The Law Offices of Ned Barnett, we devote our considerable resources and abilities to your defense strategy. We’ve been helping the accused clear their names and pursue the best possible outcomes for over 20 years, and with insight as a former prosecutor, attorney Barnett knows what it takes to help you.

The prosecutor needs to prove your guilt beyond a reasonable doubt. Some of the steps we take include:

  • Providing evidence that your sexual contact was consensual
  • Offering an alibi: This shows a mistake of identity or false accusations
  • Cross-examining the prosecution’s witnesses: We show disparities or gaps in their testimony
  • Discrediting the prosecution’s witnesses: We show they are not trustworthy or have an ulterior motive
  • Questioning the medical evidence that supports a sexual assault

Assisting people who’ve been accused or charged with sexual offenses in Houston is the focus of Attorney Barnett’s practice. He’s prepared to explain your rights and options, whether you’re facing sexual assault or the following:

We will investigate your situation, determine the weaknesses, and build you a strong defense.

Houston Sexual Assault Defenses

Every sexual assault case is different. Yours will depend on the details involved.

Sexual assault usually hinges on one major issue: Consent. The prosecutor will need to show that the victim did not give their consent. This is the only way you can be convicted.

A person can’t consent to sex acts if compelled to participate through:

  • Violence
  • Physical force
  • Threats
  • Coercion

Other parties who cannot give consent include:

  • Unconscious people
  • People who are unable to resist
  • People with certain mental health conditions

In these cases, victims are unable to understand or give consent.

The Romeo & Juliet Defense

Arguing consent isn’t your only option. The Romeo & Juliet defense is a good example. Say you were charged with sexual assault of a minor who was at least 14 years old. Were you less than three years older than the victim? The Romeo & Juliet defense may apply.

Mental Incapacity

It is possible that you could plead mental incapacity. This could be an option if you were drunk or drugged. The point is that your mental state was compromised. This may involve a plea bargain. These can be a good way to avoid more severe penalties.

You could avoid jail or prison. You could be ordered to complete mental health counseling. And you could avoid having to register as a sex offender.

Your sexual assault lawyer will need to review your case closely. This will determine the defense strategy that will win for you.

 

Contact a Sexual Assault Lawyer in Houston

The criminal defense process is difficult, and sexual assault is punished harshly. Avoiding a sexual assault conviction won’t be easy. But you can set the record straight and defend yourself. Choose The Law Offices of Ned Barnett. Doing so could define the outcome of your case.

We offer free consultations to the accused. Call us at (713) 222-6767 or complete our contact form. We’ll review what happened and what you should do next.

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* Super Lawyers, a Thomson Reuters service, 2015-2018
** American Institute of Criminal Law Attorneys, part of American Institute of Legal Counsel, 2016, 2015
*** Board Certified Texas Board of Legal Specialization, since 1994