Houston Sexual Assault Lawyer
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.
Schedule a free and confidential consultation by calling (713) 222-6767 today.
Houston Sexual Assault Attorney
If you are arrested for 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.
Don’t Take Sexual Assault Charges Lightly
Whether you are charged with a misdemeanor or a Harris County grand jury has handed down a felony indictment, sexual assault has harsh consequences and penalties in Texas. Not least among them include losing your job, expulsion from school, possible sex offender registration, embarrassing your family, and possible jail time.
Don’t think you can explain things on your own or speak to the police without an attorney.
How Texas Law Defines Sexual Assault
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.
Situations That Can Lead to Sexual Assault Charges
It’s important to understand that sexual assault charges can arise from various situations, many of which may not seem immediately obvious. For example:
- You meet someone at a party, things escalate, and the next morning, they regret what happened. They could claim the sexual encounter wasn’t consensual.
- You were intoxicated, and so was the other person. The lines between consent may blur, and an allegation can be made, even if both parties believed they were willing participants at the time.
- An ex-partner might accuse you of sexual assault out of anger or to gain leverage in a custody or divorce case.
Our Sexual Assault Lawyer Can Help
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 and answer your questions.
Can I Be Charged with Sexual Assault if the Encounter was Consensual?
Yes. If the other person claims they didn’t consent or were unable to consent (e.g., due to intoxication), you could still face charges. Consent is often the main issue in these cases.
What Evidence is Required to Prove Sexual Assault?
To prove sexual assault charges, prosecutors generally rely on a combination of physical evidence (such as DNA or medical examination results), victim testimony, witness statements, and any relevant digital evidence, like texts or emails. Expert witnesses may also be called to interpret forensic findings or explain injuries. Your defense strategy will likely focus on challenging these elements to establish reasonable doubt.
Can I Avoid Jail if Convicted of Sexual Assault?
In some cases, a plea deal or alternative sentencing, such as probation, may be possible. However, many sexual assault convictions come with mandatory minimum sentences.
Will I Lose My Job if I’m Accused of Sexual Assault?
This depends on your employer’s policies and the nature of your job. Many employers suspend or terminate employees facing criminal charges, especially if the job involves working with vulnerable populations.
Should I Give a Statement about a Sexual Assault?
Do not give any statements to the police without your lawyer present. Even if you believe you’re innocent, anything you say could be used against you later.
What is the Statute of Limitations for Sexual Assault?
Texas law has statutes of limitations for certain sex crimes. For example, there is no statute of limitations for aggravated sexual assault, but other offenses may have time limits for prosecution. So you might be able to be charged for a sex crime from years ago
What if I’m Accused of Sexual Assault by a Minor?
Sexual assault allegations involving minors carry especially severe penalties, including longer prison sentences and lifetime sex offender registration. An experienced lawyer is crucial to defending these complex cases.
Can I Get Bail if I’m Charged with Sexual Assault?
In most cases, bail is available for sexual assault charges, though it may be set high depending on the severity of the allegations. Your lawyer can help request a reasonable bail amount.
What’s the Difference between Sexual Assault and Statutory Rape?
Sexual assault refers to non-consensual acts between individuals, regardless of age. Statutory rape, or sexual assault of a minor, occurs when an adult engages in sexual activity with a minor under the age of consent, even if the minor agreed.
Can Social Media or Texts be Used as Evidence?
Yes. Messages, social media posts, and other electronic communications can be used as evidence in court. Your attorney will review these to build your defense or challenge their admissibility.
Can a Plea Bargain Help in a Sexual Assault Case?
A plea bargain may reduce your charges or penalties, such as avoiding a lengthy prison sentence or sex offender registration. However, it usually involves pleading guilty to lesser charges, and your lawyer can help you weigh the pros and cons.
How Do I Choose the Right Sexual Assault Lawyer?
Look for an attorney with significant experience in criminal defense, a proven track record in sexual assault cases, and someone who communicates clearly and effectively. A lawyer like Ned Barnett with both defense and prosecutorial experience is an excellent choice.
Call (713) 222-6767 or contact us online for a free and confidential consultation.
Sexual Assault & Aggravated Sexual Assault in Houston
Sexual assault cases are split into two categories in Texas: Sexual Assault (Sec. 22.011) and Aggravated Sexual Assault (Sec. 22.021).
In Texas, sexual assault is a serious crime with life-altering consequences. According to Texas Penal Code Section 22.011, sexual assault involves:
- 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
What is Sexual Assault in Texas?
- Sexual assault of an adult or child
- Aggravated sexual assault of an adult or child
- Super aggravated sexual assault of an adult or child
What is Aggravated Sexual Assault?
You may 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.
What is 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.
What is Super Aggravated Sexual Assault?
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:
- Rape
- Child sex offenses
- Indecent exposure
- Other sex crimes
We will investigate your situation, determine the weaknesses, and build you a strong defense.
What Are Your Defenses to Sexual Assault?
Every sexual assault case is different. There are various sex crime defenses that may apply, depending on the circumstances of your case:
- Consent: The primary defense in sexual assault cases is proving that the contact was consensual. If the encounter was mutual and consensual, your attorney can work to show this in court.
- Mistaken Identity: In some cases, the alleged victim may be mistaken about who the perpetrator was, or they may falsely accuse the wrong person. An alibi or evidence proving your whereabouts can help dismiss the charges.
- False Allegations: Sometimes, accusations are made out of anger, jealousy, or revenge. Your attorney can investigate the accuser’s motives and bring forth evidence to challenge their credibility.
- Romeo & Juliet Defense: If the accused and the minor victim are close in age, this defense may apply to avoid severe charges in statutory rape cases.
- Mental Incapacity: If your mental state was impaired due to intoxication or other factors, it may serve as a defense, reducing the charges or penalties.
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.
* 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