Sexual Assault Lawyer Dallas Texas
Sexual Assault Lawyer Dallas: When You Need One & Why
A sexual assault lawyer in Dallas is best qualified to represent an individual who has been charged with sexual assault.
What Is Sexual Assault In Texas?
The law defines sexual assault as any nonconsensual contact with the sexual organs of another person. This includes unwanted touching, groping, or penetration. Sexual assault can also occur when someone forces another person to engage in sexual activity against their will.
Under Texas law, the term sexual assault includes the following crimes:
- Sexual assault. An act where one person forces another to have sexual intercourse with them.
- Aggravated sexual assault. This occurs when someone assaults another person with the intent of inflicting serious bodily harm. Aggravated sexual assault can also include an act that causes another person to become pregnant or transmit a sexually transmitted disease (STD) without their consent.
Rape Vs. Sexual Assault
There is a slight difference in terminology between federal and Texas state laws. Under federal laws, the term “rape” is defined as nonconsensual sexual intercourse that is committed by force, threat of force, or physical violence.
In Texas, the term rape is not mentioned, and “sexual assault” is used in its stead. The term “sexual assault” can include any type of unwanted sexual contact. The Texas Penal Code defines sexual assault as any unwanted or non-consensual touching of another person’s intimate parts (private parts). The term “intimate parts” is defined broadly and includes the genitals, buttocks, and breasts of the victim.
Sexual assault is broken down into two categories: sexual assault and aggravated sexual assault. Sexual assault is a second degree felony in Texas and carries a punishment of 2 to 20 years in prison and a fine of up to $10,000. Aggravated sexual assault is a first degree felony and carries a punishment of 5 to 99 years of life in prison and a fine of up to $10,000.
How Does Texas Law Handle Sexual Assault?
Texas law has a number of statutes in place that deal with sexual assault. The law defines sexual assault as an offense that involves non-consensual sexual contact. Sexual assault can be charged as a felony or a misdemeanor, and the penalties vary depending on the severity of the crime.
Sexual assault is a very serious issue, and Texas law takes it very seriously. There are many different aspects to sexual assault law, and it can be complicated to understand all of the ins and outs. In this article, we will discuss some of the basics of how Texas handles sexual assault cases.
There are two main types of cases that can be filed in the event of sexual assault in Texas: civil and criminal. In a civil case, the standard is “preponderance of evidence.” This means that the victim has to prove that it is more likely than not that the assault occurred. This is a lower standard than in criminal cases, where the prosecution must prove beyond a reasonable doubt that the defendant is guilty.
Victims have a number of different entities to file suit against in addition to the perpetrator. These can include employers, schools, or landlords who negligently allowed the assault to occur. It’s important to note that victims can also sue for emotional damages in both criminal and civil cases.
Do I Need A Sexual Assault Defense Lawyer?
If you have been accused of sexual assault, you need to know what the law says. The following information is a summary of Texas’ sexual assault laws, and it may be helpful in understanding your rights and responsibilities under the law.
The Texas Sexual Assault Statute is the law that governs sexual assault offenses. Under the law, to prove sexual assault, the following elements must be present:
- The accused must have intentionally or knowingly caused penetration of a victim’s sexual organ, anus by any means;
- The penetration was without the consent of the victim and/or was physically not able to resist the act or not able to understand the nature of the act;
- The accused intentionally or knowingly caused their sexual organ to penetrate or contact the victim’s mouth without the latter’s consent.
There are instances where sexual assault is enhanced to a charge of aggravated sexual assault. The following circumstances enhance a sexual assault charge:
- Serious bodily injury inflicted by the perpetrator caused the victim’s death.
- The perpetrator threatened the victim or another person with death, serious bodily injury, or kidnapping.
- Use of a deadly weapon in the commission of the crime.
- The crime was committed by the perpetrator together with another individual/s.
- Rohypnol or ketamine commonly referred to as the “date rape drug” was used to facilitate the commission of the crime.
- The victim is either below 14 years old, elderly, or disabled.
Defenses A Sexual Assault Defense Lawyer Can Use
There are several defenses available that an experienced sexual assault defense lawyer can use in defense of a client. These defenses include the following:
- Innocence: the defendant pleads not guilty. A common way to prove innocence is proving that the defendant was not physically present in the place and at the time the crime was committed. This involves the presentation of a valid “alibi”.
- Consent: One of the determining factors that prove sexual assault is consent. If the defendant can prove that the sexual act was consensual then the sexual assault charge will fail. This applies only IF the victim was not a minor, incapacitated, or incapable of understanding the nature of the act. In this case, the victim is not legally recognized to be able to provide consent.
- Insanity or mental incapacity: In order to claim insanity as a defense, the defendant must prove that they were incapable of knowing or understanding the nature and quality of the act due to a mental illness or defect.
Sexual assault lawyers have experience dealing with these types of cases and understand the sensitive nature of sexual assault trials. They will work diligently to protect your rights and get the best possible outcome for your case.
Frequently Asked Questions (FAQs)
- Are The Charges I’m Facing Serious?
Yes. A sexual assault charge is generally a second degree felony. This is punishable by 2 to 20 years imprisonment and fines of up to $10,000. In the instances cited above, this charge may be enhanced. You should speak to a criminal defense lawyer as soon as possible so they can advise you on the specific facts of your case and what potential penalties you may face.
- When Should I Hire A Sexual Assault Defense Lawyer?
An experienced criminal lawyer can help protect your rights and build a strong defense for you.
There are many things that need to be considered when building a defense, and the sooner your lawyer begins working on your case, the better chance you have of achieving a favorable outcome.
- What Is The Difference Between Sexual Assault & Aggravated Sexual Assault?
Aggravated sexual assault involves sexual assault that involves the use of a deadly weapon, causes serious bodily injury, or is committed by more than one person.
- What Are The Long-term Consequences Of A Sexual Assault Charge?
One of the most commonly asked questions about sexual assault is what the long-term consequences are. In some cases, a person may be convicted of a felony and have to register as a sex offender. There can also be social and personal consequences that last long after the legal case is over.
A sexual assault conviction can have long-term consequences that affect every area of your life. You may be unable to get a job, you may be deported, and you may be banned from certain activities or places.
- How Is The District Attorney’s Office Involved In My Case?
The district attorney’s office prosecutes all felony cases in Dallas County. The prosecutor assigned to your case will meet with you before your trial, and will be responsible for presenting the state’s case against you.
- Can I Talk To The Prosecutor Assigned To My Case?
Yes. You have a right to speak with the prosecutor assigned to your case. You should also speak with your defense attorney about this issue. You should always consult with an experienced criminal defense attorney who can help you understand your rights and build the strongest possible defense against these charges
It is important to remember that the matters mentioned here are just general guidelines; each case is unique and must be evaluated on its own merits. That’s why it’s crucial to speak with an experienced criminal defense attorney who can help you understand your rights and build the strongest possible defense against these charges.
- When Should I Hire A Sexual Assault Defense Lawyer?
When it comes to defending oneself against sexual assault charges, many people are unsure of where to turn for help. It is important to understand that an experienced lawyer can protect your rights and build a strong defense for you. There may be mitigating factors available that could help you avoid a conviction together. If you find yourself in this situation, it is best to contact an experienced criminal defense attorney in the Dallas / Fort Worth area right away. The lawyer will need to identify your best legal strategy for your case and work diligently on your behalf.