Tarrant County Sexual Assault Lawyer

Sexual assault is a serious offense under the law and may carry severe punishments. However, there could be defenses available to you if you are accused of or charged with such a crime. Particularly when the evidence in support of the charges is insufficient, you may be able to successfully fight back against the charges. Our Tarrant County sexual assault lawyers could stand by your side when you need to raise a strong defense.

It is important to remember, however, that as time passes, the plaintiff’s recollections of the event may become biased and inaccurate, and physical evidence may lose its value. As a result, you should contact a well-practiced criminal defense attorney at our firm as soon as possible after the incident to have a better chance of discovering and preserving the evidence that is favorable to you.

Defining Sexual Assault

Under Texas Penal Code §22.011, sexual assault is defined as any intentional and knowing sexual contact with another and that is unwanted and non-consensual. A sexual act that involves a lack of consent may occur when there is physical force, threats of physical force, or violence against the alleged victim.

A lack of consent also may occur if alleged victims are unconscious, unaware of the situation, or if the accused person intentionally administered a substance to the alleged victim to impair their judgment without their knowledge.

Sexual assault generally is charged as a second-degree felony, but the offense may become a first-degree felony if the plaintiff was a person whom the accused person was prohibited from marrying or living together with the appearance of being married. A second-degree felony under §12.33 carries a potential penalty of two to 20 years in prison and a maximum $10,000 fine.

Special Factors Affecting Consent

An offense may also be considered sexual assault even if there was no force or violence involved. For example, if the accused person is a government official, they could commit sexual assault if they coerce another individual to submit to or participate in a sexual act. Similar provisions apply to certain relationships, such as:

• Mental health services providers and their patients
• Health care providers and their patients
• Spiritual leaders and their advisees or followers
• Resident supervisors and the residents of a facility

A Tarrant County sexual assault lawyer could explain how a person’s relationship with a plaintiff may affect the charges they face.

Aggravated Sexual Assault

Under Texas Penal Code §22.021, a charge of sexual assault may be elevated to aggravated sexual assault if the sexual act results in serious bodily injury or if the plaintiff fears that serious bodily injury, death, or kidnapping may be imminent. Aggravated sexual assault is a felony of the first degree, which could result in a prison term ranging from five to 99 years and fine of not more than $10,000 under §12.32.

However, the minimum term of imprisonment for aggravated sexual assault might increase to 25 years if the plaintiff is either under six years of age or under 14 years of age, depending on the circumstances of the act. Given the potential severity of any penalties for a conviction, contacting a Tarrant County sexual assault lawyer may be beneficial.

Consult a Tarrant County Sexual Assault Attorney for Advice

If you are facing accusations for a serious criminal offense, you may need legal representation from our Tarrant County sexual assault lawyers. Having someone on your side to represent your best interests, thoroughly investigate your case, assess all available defenses, and guide you throughout any court proceedings could help you more effectively fight your charges. Do not hesitate to contact our firm for help building a robust defense.