Houston Aggravated Sexual Assault Lawyer
Aggravated sexual assault is one of the most severe criminal charges a person can face in Texas. This offense involves not only an accusation of sexual assault but additional factors that elevate the case to “aggravated” status, such as the presence of violence, a weapon, or harm to a vulnerable victim.
If you were charged with aggravated sexual assault in Houston, the Law Offices of Ned Barnett can help. Early intervention from the right criminal defense lawyer can make the difference in your case.
Call (713) 222-6767 today or contact us for a free and confidential consultation.
What Are Aggravated Sexual Assault Charges in Texas?
Aggravated sexual assault is outlined under Section 22.021 of the Texas Penal Code. Aggravated sexual assault differs from standard sexual assault by involving additional factors that increase the severity of the offense. Under Texas law, a sexual assault charge may be elevated to aggravated sexual assault if one or more of the following conditions are met:
- The alleged offender used or threatened to use a deadly weapon during the assault.
- The assault resulted in serious bodily injury to the victim.
- The victim was under the age of 14, an elderly individual, or a disabled individual.
- The alleged offender administered or provided drugs or other substances to impair the victim’s ability to resist.
Criminal Penalties for Aggravated Sexual Assault in Texas
Aggravated sexual assault is classified as a first-degree felony in Texas, which is the highest level of felony charge. Being convicted carries a prison sentence of 5 to 99 years, as well as a maximum fine of $10,000.
Certain aggravating factors, such as the victim’s age, can lead to mandatory minimum sentencing. For instance, if the victim was under the age of 6, there is a minimum sentence of 25 years in prison. These penalties are strictly enforced and leave limited room for parole or probation, depending on the specific case details and prior criminal history.
Additional Consequences of an Aggravated Sexual Assault Conviction
Beyond prison time and fines, a conviction for aggravated sexual assault carries long-lasting consequences that can affect every area of a person’s life.
Anyone convicted of aggravated sexual assault must register as a sex offender — in many cases, for life. This requirement affects residency options, employment, and the ability to interact in many community settings. You could also live your right to vote or own firearms. In addition, a conviction can lead to significant stigma and impact your relationships, social standing, and mental health.
Defenses Against Aggravated Sexual Assault Charges in Houston
Facing an aggravated sexual assault charge is overwhelming, but there are several possible defenses that a Houston sexual assault attorney may use to challenge the prosecution’s case. Common defenses include challenging the evidence as weak or circumstantial evidence, since doing so can create reasonable doubt.
Mistaken identity is another possible defense, especially if there is uncertainty about the accused’s involvement. In some instances, establishing that the encounter was consensual may be viable, though this depends on factors like age and circumstances.
Additionally, if law enforcement violated the accused’s rights during the investigation—such as through unlawful search or seizure—an attorney may move to suppress evidence, weakening the prosecution’s case. A skilled attorney will examine all these potential defenses to build the most effective strategy.
What to Do if You’re Charged with Aggravated Sexual Assault
If you or someone you know is arrested for aggravated sexual assault in Houston, here’s what to do:
- Remain Silent: Do not speak with law enforcement or others about the case without an attorney present. Anything you say can be used as evidence against you.
- Hire an Experienced Attorney: Contact a criminal defense attorney experienced in handling aggravated sexual assault cases to protect your rights.
- Document Details: Write down any relevant details about the incident and the events leading up to it, as this information may be useful in building a defense.
- Avoid Social Media: Don’t post on social media, as statements or images can also be used against you.
Each step can significantly impact the outcome of your case, so having legal representation is crucial.
How an Attorney Can Help in Aggravated Sexual Assault Cases
Working with an experienced aggravated sexual assault lawyer in Houston is essential for those facing charges. From evaluating evidence and identifying weaknesses in the prosecution’s arguments to collecting witness statements and other crucial details, a lawyer builds a defense strategy tailored to the unique facts of the case.
Your attorney can fight to protect your rights, provide clear legal guidance throughout the process, and represent you in court, where they will challenge evidence and advocate for the best possible outcome.
Call a Houston Aggravated Sexual Assault Lawyer Today
Aggravated sexual assault is one of the most serious charges under Texas law, carrying lifelong consequences. If you’ve been arrested, the Law Offices of Ned Barnett can help you understand the charges against you, potential penalties, and available defenses to guide you to make informed decisions.
With the help of attorney Ned Barnett, we can work toward a favorable resolution.
Call (713) 222-6767 or contact us today for a free, confidential consultation.