Sexual assault is a serious offense, but the penalties could be enhanced by aggravating factors. Aggravated sexual assault carries heightened legal consequences that could remain on your public record for life. In addition, an aggravated sexual assault charge has an even harsher social stigma. A conviction could lead to issues obtaining your professional and personal goals.
The District Attorney treats aggravated sexual assault with utmost caution. You’ll likely be facing some of the most experienced prosecutors and have to battle expert testimony from healthcare professionals. All of these factors and more make it nearly impossible to battle these charges alone.
If you or someone you know has been charged with a sex crime, it’s imperative you contact a skilled criminal defense attorney.
Attorney for Aggravated Sexual Assault in Houston
Are you currently being investigated for aggravated sexual assault? You will need a sturdy defense to battle these charges. Fortunately, you can do this by hiring an experienced defense attorney at Tyler Flood & Associates, Inc.. Choosing Tyler Flood & Associates, Inc. means you can rest assured you have a team of skilled legal professionals handling your case.
Call today at (713) 224-5529 to schedule a free case evaluation. Our attorneys never back down from a challenge. We can cross-examine experts, provide scientific evidence and fight for you. You can visit us at our offices in Houston, but we proudly defend people throughout the Harris County area. Some communities we accept clients in include Tomball, Pasadena, West University Place and Bellaire.
Overview of Aggravated Sexual Assault in Texas
- How Does Texas Define Aggravated Sexual Assault?
- Aggravated Sexual Assault Penalties in Texas
- Additional Resources
How Does Texas Define Aggravated Sexual Assault?
Essentially, aggravated sexual assault is an enhanced sexual assault offense. Texas Penal Code § 22.011 defines assault as any:
- Penetration of the sexual organ or anus of another person without consent;
- Penetration of another person’s mouth with a sexual organ without their consent; or
- Forcing another person to penetrate or come into any contact with the anus, sexual organ or mouth of another person without consent.
Aggravated sexual assault includes one of the above with the addition of aggravating factors. Aggravating factors are specific circumstances that can enhance your penalties. Your crime will be elevated to aggravated sexual assault if the crime involved one of the following:
- The victim was under the age of 14;
- The victim was 14 or older, but younger than 16 years old and:
- You are related by blood or affinity to the third degree;
- You had supervisory or disciplinary power over the victim; or
- You’re a foster parent, guardian or stand-in parent for the victim
- The crime was committed during an attempted kidnapping, robbery, homicide or aggravated assault on another person;
- You were armed and threatened the victim with a weapon or any object which lead the victim to believe you had a weapon on you;
- You used physical force or coercion to commit the crime;
- You inflicted serious bodily harm on the victim; or
- The victim was physically helpless, mentally incapacitated or defective and you were aware of their condition during the offense
What Are the Penalties of Aggravated Sexual Assault in Texas?
Aggravated sexual assault carries some of the heaviest sentencing under Texas law. A conviction may result in a first-degree felony, which is the second highest offense level under capital felony. The penalties for a first-degree felony include:
- A maximum prison sentence of 99 years or life;
- A fine of up to $10,000; and
- Required registration for life as a sex offender
Registered sex offenders face multiple limitations once released. You could be out on parole after serving some prison time, but you’ll have to face life-changing restrictions including:
- Living Restrictions – Texas law states registered sex offenders are prohibited from living near or visiting any residence within 500 feet of a child safety zone. Some of these zones include daycare centers, youth centers and schools.
- Employment – All registered sex offenders are barred from working in areas within a child safety zone. Even if the job has nothing to do with children.
- Voting Restriction – Registered sex offenders cannot vote while on probation or parole.
As a registered sex offender, you may be forced to disclose your status to the community. Texas law states certain registered sex offenders must inform every new community that they’re a sex offender. Some law enforcement agencies will have software allowing your neighbors to see your sex offender status.
Additional Resources
RAINN – Visit the official website of the Rape, Abuse & Incest National Network (RAINN) to gain access to resources for victims fo sexual assault. Access their national hotline, safety and prevention tips and how to get involved.
Aggravated Sexual Assault – Visit the official website of the Texas Penal Code to learn more about aggravated sexual assault. Read the statutes to learn the associated penalties of aggravated sexual assault and sexual assault.
Lawyer for Sex Crimes in Harris County, Texas
If you or someone you know has been charged with aggravated sexual assault, it’s vital you seek legal representation. You only have limited time to build an efficient and sturdy defense strategy. Don’t gamble on your future. Call Tyler Flood & Associates, Inc. today for an experienced defense attorney.
Contact (713) 224-5529 to speak to an experienced attorney. Tyler Flood & Associates, Inc. accepts clients throughout the greater Houston metropolitan area including Pasadena, West University Place, River Oaks and Greenspoint.
This article was last updated on March 8th, 2019.
a Google user
an Avvo user
a Yelp user
