Aggravated Sexual Assault Defense

Protecting Individuals Against Assaults in Fort Bend County

Of all the criminal charges possible in the United States judicial system, very few charges are considered as serious as an aggravated assault charge. Just the allegation of an aggravated sexual assault can destroy your professional reputation, not to mention the numerous personal relationships you have spent years cultivating. Facing an aggravated sexual assault charge can make you feel guilty, even if you know you are innocent of the life altering criminal charges.

If you face an aggravated sexual assault charge, time is of the essence. You can expect the prosecution to develop a case swiftly to expedite the criminal justice process. Waiting for charges to be filed can set you back enough that you will not be able to recover during the trial. Criminal defense attorney Adam Capetillo offers a free initial consultation that helps our legal team decide what course of action to take in your defense.

Texas Aggravated Sexual Assault Law

Texas has established two statutes defining sexual assault and aggravated sexual assault. Section 22.011 declares that it is unlawful if anyone intentionally or knowingly “causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent, causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent, or causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor.”

How Texas Defines Consent

Another part of Section 22.011 defines the meaning of sexual consent in the State of Texas. Under subsection b, Texas law defines “without consent of the other person” as if  “the actor compels the other person to submit or participate by the use of physical force, violence, or coercion.” Consent is never granted by someone who is unconscious or physically unable to resist a sexual advance.

Penalties for an Aggravated Sexual Assault Conviction

Because it is considered a sex crime, an aggravated sexual assault conviction can result in one or more strict penalties. An aggravated sexual assault on a child or an adult conviction is a first degree felony that can trigger a term in prison ranging between five and 99 years, as well as a maximum fine of $10,000. Super aggravated sexual assault of a child requires a minimum prison sentence of 25 years up to life in prison, without the chance for parole.

In addition to the severe consequences of an aggravated sexual assault conviction, there are other negative consequences that can last a lifetime. Depending on the outcome in your case you may be required to register as a sex offender, which can limit your employment options and make you a social outcast in most circles. You will have limitations placed on you about where you can live, as well as lose your right to vote and to own a firearm. If you have children, the judge overseeing your case might place restrictions on when you can visit them. Sex offender registrations can be for periods of 10 years after any deferred adjudication or probation, or can be a life-time registration.

Possible Aggravated Sexual Assault Defense Options

The harsh penalties handed out for aggravated sexual assault convictions means you need to work with an experienced criminal defense law firm such such as Capetillo Law Firm.

Like all criminal charges, an aggravated sexual assault charge requires the prosecution to prove your guilt “Beyond a reasonable doubt.” As the highest litmus test for proving guilt, “Beyond a reasonable doubt” allows the highly rated criminal defense team at Capetillo Law Firm to use the most effective aggravated sexual assault defense for the exoneration of our clients.

Consent

We will work hard to determine whether the alleged victim consented to a sexual advance. Our team of aggravated sexual assault defense specialists will thoroughly examine every piece of evidence presented by the prosecution to discover whether consent was given by the alleged victim. If you had prior sexual relations with the alleged victim, proving consent may be easier to accomplish.

Witnesses Not Credible

Sometimes, an aggravated sexual assault charge stems from the alleged victim trying to retaliate against the Defendant for various reasons. At trial, our team will have the ability to cross-examine the alleged victim to reveal inaccuracies discovered in his or her testimony. Another way to expose the witness credibility is to demonstrate to a Judge or jury one or more witnesses are not telling the truth or leaving out key pieces of information. It’s the job of our team to investigate these inaccuracies and point them out in your defense.

Speak with a Texas Aggravated Sexual Assault Lawyer

Hiring an inexperienced firm to represent you for defending an aggravated sexual assault charge can have grave consequences. Especially in Aggravated Sexual Assault cases, you need a firm that has experience with these type of specific cases in order to present the most effective defense available.

Contact Capetillo Law Firm to schedule a free initial consultation. You can reach us at (346) 249-5544 or submit the convenient online contact form.