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If you or a loved one has been accused of super-aggravated sexual assault of a child, you need a lawyer who will fight for you and defend your good name. Sexual crimes against children are serious offenses that the State of Texas aggressively pursues. You can’t fight these charges alone, nor should you have to.
When you contact Schiffer Law Firm, you don’t just get an experienced defense team who’ve tried cases like this before, you get a compassionate and understanding law firm with experience, relationships, and resources to help your fight for freedom.
When you work with our team, we guarantee we will never make any judgments based on any allegations. It is our job to find the legal defense suitable for your unique circumstances and accusations and charges held before you. We guarantee every client will be treated with the utmost dignity and respect they deserve.
According to the Texas Penal Code, super-aggravated sexual assault of a child is an extension of aggravated sexual assault of a child that has been enhanced because of certain additional factors. An aggravated sexual assault of a child becomes super-aggravated when the alleged victim is under the age of six, or if the accused is convicted of a violent sexual assault against someone under the age of 14. This enhanced crime carries enhanced penalties and has far reaching consequences.
Super aggravated sexual assault of a child is relatively new to the Texas Penal Code. It was designed to deter offenders from repeating the same crime after they have been released. It is one of the most serious felonies in the state.
Super-aggravated sexual assault of a child involves sexual contact between the alleged victim and the accused’s sex organs, anus, or mouth. In order for the crime to be established, aggravated sexual assault of a child must have also occurred as a predicate offense.
Under Section 22.021, aggravated sexual assault of a child includes two basic elements:
1: The intentional act of sexual assault (penetration); AND
2: One or more of the following:
(a) serious bodily injury to the alleged victim;
(b) attempt to kill the alleged victim;
(c) that the alleged victim feared they or someone else would die;
(d) that the alleged victim feared they or someone else would be harmed;
(e) that the alleged victim feared they or someone else would be kidnapped;
(f) the use of a deadly weapon or the showing a deadly weapon;
(g) that the accused acted in concert with another in the initial act;
(h) that the accused used a drug like rohypnol, gamma hydroxybutyrate or ketamine to facilitate the sexual assault; or
(i) that the victim is under the age of 14, or is disabled or elderly.
Aggravated sexual assault of a child is committed when the above two elements are present against any victim under the age of 17. If the alleged victim is under the age of 14, there doesn’t need to be another factor like violent force, or the use of threats, weapons, or drugs. While those elements need not be present, the charge can be more serious if they are.
The crime becomes “super-aggravated” when the alleged victim is under the age of six (6), or if the sexual assault is of a child younger than fourteen (14) and caused serious bodily injury or attempted to cause death.
Note that, even if the alleged victim gave his or her consent to the sexual contact, a crime would still have been committed, because a child can’t legally give consent to a sexual act because of their age.
The answer is simple, consent and/or ignorance can never be used to justify the acts necessary to prove super-aggravated sexual assault of a child. A six year old child cannot consent, nor can any individual competent enough to stand trial argue ignorance of the child’s age and reasonably confuse it with an adult women of consenting age.
Because of the serious nature of these child sexual assault cases, prosecutors aggressively pursue all those accused. However, the necessary elements of these cases are not always easy to prove and takes an experienced firm to spot these holes and overcome everyone’s social protective bias.
During the trial, the prosecution must prove that each element of the crime has occurred, and that the accused is the person who actually committed it.
Besides that, the prosecution has to prove the age of the alleged victim at the time of the offense. In super-aggravated sexual assault of a child, this means proving that they were under the age of six (6) at that time, or that the child was younger than fourteen (14) and was the victim of serious bodily injury or there was an attempt to kill the child. “Serious” is a legal term that requires both a factual and legal analysis, and that Jacob Schiffer exactly the work Schiffer Law Firm knows how to dissect and prove up.
The prosecution will also have to prove that the other factors outlined in the definition of the crime were present. Everything that the prosecution presents needs to be proven beyond a reasonable doubt in order to obtain a verdict of guilty.
That can leave room for a knowledgeable and skilled defense team to shred up and attack the prosecution’s case, exposing glaring discrepancies, ulterior motives, and malicious allegations by either the victim themselves, or more commonly, an adult outcry witness with something to gain, either revenge, money, power, or custody.
Having a quality defense attorney no doubt can be the difference between your freedom and a lengthy prison sentence.
Super-aggravated sexual assault of a child is a first-degree felony in Texas. It carries a prison sentence ranging from 25 years (minimum) to life, fines up to $10,000, and the defendant’s ineligibility for parole. Since it’s an enhanced extension of an already serious crime, the punishment is enhanced under the Texas Penal Code, in an effort to deter convicted offenders from repeating the same crime.
Here is a breakdown of related sexual assault crimes and their penalties so you can see the difference:
| Crime | Classification | Punishment |
| Super aggravated sexual assault of a child | First-degree felony | 25 years (min.) to life in state prison, maximum fines of $10,000, lifetime sex offender registration, ineligible for parole |
| 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 |
| 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’re found guilty of this crime, your punishment doesn’t necessarily end when you complete your sentence. There are consequences that can affect your life from the moment you are released from prison. Some of these consequences are:
Since super-aggravated sexual assault of a child is a reportable offense in Texas, you’ll be required to register as a sex offender. Due to the nature of this crime, this is a lifetime registration once you’re released from prison. Registration will affect where you live and where you’re able to work, and may damage your personal relationships.
As a registered sex offender, your name and address will appear in a public database that can be accessed by anyone. This national registry can also disclose things like your employer’s name and address, the name and address of the school you’re attending, and your vehicle’s description and license plate number. You will also need special permission to travel in some cases, and you might have your passport revoked.
As a sex offender, you may be required to enroll in a local treatment or management program like the Sex Offender Treatment Program or the Sex Offender Management Program, both run by the Federal Bureau of Prisons.
Note that failure to complete this registration, failing to update your status, or entering wrong information is considered a felony under federal law that can result an additional prison sentence for up to 10 years, as well as additional fines. The State of Texas will also prosecute you for failing to register.
Super-aggravated sexual assault of a child is a tough case for both sides of the courtroom. The prosecution has a great deal of evidence to prove, however, the defense does not have some of the more common and reliable defenses that it can usually employ in other, similar, crimes. For example, the alleged victim’s consent is not a defense in this case, because of the young age of the alleged victim.
Nevertheless, our defense team knows exactly what to look for to craft your best possible defense against these charges. We know that proving the elements of this crime is not always as easy as it sounds, and that is exactly why we dedicate so much time to individuals cases and limit our work load.
When a client of ours is facing a minimum of 25 years with no possibility of early release, we take our time to make sure no stone goes unturned and every piece of evidence is meticulously and strategically analyzed.
The district attorney’s office does not simply select any random prosecutor to pursue and prosecute an aggravated sexual assault of a child case, and especially prosecute a super-aggravated sexual assault of a child case. In large counties in Texas, like Harris County, the DA’s office has entire sections of prosecuting attorneys who solely focus on sex crimes. The most senior and capable of these attorneys are who will be prosecuting this case. And they eat inexperienced lawyers alive if they do not know how to handle the very unique, highly-sensitive, and highly-scientific world of defending sex crimes cases.
A regular lawyer who may have experience defending minor assault crimes, DWI’s, or even big felony crimes such as drugs or murder, can lack the necessary wisdom that it takes to defend these cases properly, simply by lack of specific and constant sex crime defense experience.
Sex crimes, like super-aggravated sexual assault of a child, are highly technical to defend. It’s important that your defense attorney be experienced and knowledgeable not only in the law, but specifically with these specific types of cases and how they can and should be properly defended.
For instance, a great deal of cases revolve around complaining witness testimony. However, the complaining witness will have been required to have seen and interviewed by multiple sexual assault nurses (i.e., SANE, sexual assault nurse examiner). These unique interviews have specific rules, which, if not followed, can dramatically alter the statements a young child can make. A defense lawyer who’s inexperienced in these types of scenarios can simply gloss over massive technical errors during trial.
This is why experience in unique and high-risk criminal defense cases matters. Only then can you be sure that your defense attorney knows how to properly defend you in a trial, if a trial becomes necessary. Your defense attorney must also have experience in building your defense from the start, cross-examining child witnesses, cross-examining expert sexual assault witnesses, consulting and using expert defense witnesses to rebut the charges, and presenting the facts to an impassioned jury in a way that will convince the fact finders that you are not guilty of these heinous and vile charges against you.
Hiring a fly-by-night general defense attorney may save you tens of thousands, if not hundreds of thousands of dollars, but what your saving in money your gambling with the risk of losing your life.
As stated earlier, sex crimes defense is a unique and extremely difficult area of criminal law to begin with. However, defending an individual charged with super-aggravated sexual assault is like moving up into the major leagues – the DA will be presenting their top prosecuting attorneys, and if you want to have even a fighting chance, you need to have a team who knows how to fight on that level and win.
To analogize, it is true that anyone who played as a football quarterback in high school could play the game well, however, if you put them in the NFL as your starting quarterback, it’s clear they would get crushed. Simply, it comes down to knowledge, experience, skill, and specific learned wisdom.
Too much is at stake to risk your life on a high school QB in a game that could cost you your life as you know it if you lost.
At the Schiffer Law Firm, our attorneys have over 40 years of combined experience defending sex crimes, and with those decades, an invaluable wealth of knowledge, strategy, and resources. Our defense team understands how serious these charges against you are and the extreme risks you have if you are convicted.
We will explain everything to you completely, including the legal arguments, issues, possible defenses, possible counter arguments made by the prosecution, and so forth, so you will understand exactly what you’re dealing with. Further, it’s important to us that we listen to your case in your words and then we analyze it with the evidence and finally develop strategies based on the facts presented.
There will be no surprises and you will be kept informed of everything every step of the way.
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.
