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Sexual assault is a serious sex offense that is aggressively prosecuted in Texas. Aggravated sexual assault is an even more serious charge. If you or someone you love is accused of aggravated sexual assault, stop wasting time and talk to a qualified defense attorney immediately. Helpful evidence proving innocence may be lost if it is not quickly located and preserved. You need help and guidance to understand the charges against you, as well as the potential punishment you’re facing. Make no mistake, these are serious criminal charges that can affect your entire life from here on out.
There is no question that this charge is the most dangerous and life-altering moment in your life. If you or someone you love has been accused of this serious offense, it’s expected and natural for you to be petrified at this moment. What you need is to pull yourself together and start fighting for your life. However, this fight should never be made alone. You don’t just need a lawyer, you need a team of experienced sex crime defense lawyers and staff. Schiffer Law Firm is that team.
With over 45 years of combined defense experience, as well as working in both state and federal prosecutors offices, both prosecuting and defending sex crimes cases, our attorneys have found that investigation and intensive preparation are the keys to a successful resolution.
According to section 22.021 of the Texas Penal Code, there are two elements required to be proven to convict someone of aggravated sexual assault. The first element is the intentional and knowing penetration of another’s sex organ, mouth, or anus without that person’s consent, or forcing the victim’s sex organ to penetrate the accused’s sex organ, mouth, or anus. If the victim involved is a child (under the age of 17) and gave their consent to the act, it can still be a crime since a person under 17 can’t legally give consent to a sexual act.
The second required element is that certain factors must be present in the commission of the crime. These factors are:
An act is considered to have occurred without consent if any of the following is true:
This is where a good defense team will help you. Experienced sex crimes defense attorneys understand how to interpret these statutes to see if any of these necessary elements are missing to fight for the best outcome.
Here, the term “child” refers to a minor who is under the age of 17. This applies to elements of the crime that are based upon the victim’s age. Since a child cannot legally give consent in Texas, consent from a person legally unable to give it is not a defense to any sexual assault charge when the child is under 17. If the child is under the age of 14, the charge is elevated to aggravated sexual assault charge, but, again, consent of the child is not a defense.
This specific crime can be enhanced to a charge of “super aggravated sexual assault of a child” if the child is under the age of 6.
In a trial, the prosecution has to prove that all elements of the crime occurred beyond a reasonable doubt and that you, as the accused, committed the crime. This is often not as simple as it sounds. Not only does the prosecutor have to prove that you’re the person who committed the base crime of sexual assault, he or she then has to prove that you intentionally and knowingly sexually assaulted the alleged victim while meeting all of the criteria set by the statute, which includes that there was no legally valid consent from the alleged victim.
In certain cases, the prosecutor will also have to prove that the accused’s position of power over the victim played a pivotal role in the alleged aggravated sexual assault. This is because the balance of perceived power in a professional relationship, or in a relationship where the victim trusts the accused, can arguably overcome consent because of the accused’s manipulation of the relationship.
The prosecution has a lot to prove. Having a defense attorney with the knowledge and experience to challenge legal and factual claims of the prosecution’s case is paramount to your best outcome.
If you’re found guilty of aggravated sexual assault, you’re facing a first-degree felony. In Texas, this level of crime carries a sentence of anywhere from five to 99 years in a state prison as well as fines up to $10,000.
Here is a breakdown of all related sexual assault crimes and their punishments:
| Crime | Classification | Punishment |
| Aggravated sexual assault of an adult or child | First-degree felony | 5-99 years in state prison, maximum fines of $10,000, lifetime sex offender registration |
| Super aggravated sexual assault of a child | First-degree felony | 25 years to life in state prison, maximum fines of $10,000, lifetime sex offender registration, ineligible for parole |
| Sexual assault of an adult or child | Second-degree felony | 2-20 years in state prison, maximum fines of $10,000, lifetime sex offender registration |
If you are convicted of this serious crime, the consequences don’t end with your sentence. There are ramifications that can affect the rest of your life.
Aggravated sexual assault is considered a reportable conviction in Texas, and due to the magnitude of the crime, you’re required to register as a sex offender for life once you’re released from prison. This means that your name and your address will be listed in a database where the general public will be able to see it. This will restrict where you can live, work, and, in some instances, socialize.
Some of the consequences of sex offender registration are:
One of the major defenses in this type of case is lack of intent on the part of the accused. The prosecution has to prove that you knowingly intended to commit the crime in the way the statute defines it. There is a chance that you lack the requisite intent to knowingly commit the act in question. If this is the case, it can be argued that you can’t be held responsible for your actions. Here, committing the act under duress from a third party can be a possible defense when it comes to proving intent. Intoxication, however, is not a defense.
Considering the burden of proof that the prosecution must meet, a qualified defense lawyer can also work to disprove the state’s case by arguing that the victim gave valid consent or that the accused was legally insane at the time of the act.
You should never fight such a serious charge as aggravated sexual assault alone. If you or someone you love is being accused of this crime, call our firm immediately. Our sex crimes team has over 45 years of combined defense experience, and has successfully defended aggravated sexual assault cases before. We know what it takes to protect your rights.
It is also important that you have a defense attorney who will treat you with respect despite the charges against you. At the Schiffer Law Firm, you will be welcomed openly and treated with dignity from the moment you contact us. We know that these are difficult times, and we will handle your case sensitively to make sure that you get through the process with the best possible result. Don’t wait any longer. The sooner you get in touch with us, the sooner we can begin to build your defense.
That’s a great question, but you won’t find the answer here. While there is nothing inherently secret about a great defense, some attorneys are simply better prepared, more creative, and more experienced than others. It’s that combination that makes our sex crimes defense team so successful in defending these cases. A professional sports team, or an army preparing for battle, doesn’t disclose its strategy to the opposition. It is only through a confidential, in-person, meeting with our attorneys, where your information is protected by the attorney-client privilege and away from any prying wire taps or snooping law enforcement investigators, that we will discuss potential strategies that are tailored specifically for you.
Call today to set up a confidential in-office or virtual meeting.
The first thing you need to do is accept the situation. You have been charged with a crime, and yes, this is really happening. Having worked with thousands of clients throughout our attorneys’ careers, we understand thoroughly the storm of emotions that you may be feeling right now. Accepting the situation you are in will allow you to make rational decisions moving forward.
Now that you’ve accepted the reality of your situation, it is imperative that you maintain a clear head and stay in control of your emotions. In far too many situations, we see clients betrayed by their emotions which negatively impacts their own defense. Panic, anxiety, and second-guessing everything is the soil where bad legal strategy and decision making grows.
If you find yourself stressing about your situation, do what you can to calm yourself down. If you find that you need to talk with someone, please call us. We’ll discuss what’s going on and help you get a clear picture of your situation.
