Felony Sexual Assault Charge Legal Defense

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There are few criminal charges that change the course of an accused’s life more than the charge of felony sexual assault. The charge not only can negatively impact your career, it can also cause a vast separation between you and the ones you love. Adverse personal and professional relationships are nothing compared to the criminal justice system’s penalties for receiving a felony sexual assault conviction. Extensive fines, a lengthy prison sentences at a hard core penal facility, and having to register as a convicted sex offender will turn your life upside down.

If you face a felony sexual assault charge, you have no other option but to work with a Texas licensed criminal defense attorney that knows how to use the right defense for your unique situation. Criminal defense lawyer Adam Capetillo has earned the reputation for handling difficult cases involving felony sexual assault charges. You can expect the team of criminal defense specialists at Capetillo Law Firm to conduct a thorough investigation to determine which defense to use during the criminal trial.

Definition of Content is Key for Felony Sexual Assault Cases

One of the most effective strategies for defending clients charged with felony sexual assault is to prove the alleged victim consented to the sexual act. Texas sexual assault statutes define the meaning of consent.

According to Texas Penal Code Section 22.011(b), consent is never granted for a sexual act, if the sexual act was forced on the victim by using violence, coercion, and/or physical intimidation. A defendant of a felony sexual assault charge did not gain consent if he or she threatened the victim. Consent is never inherently granted because someone is unconscious or physically unable to resist sexual advances. Proving consent is difficult to do, which is another reason to work with an experienced criminal defense attorney who has amassed an impressive record of defending clients successfully against felony sexual assault charges.

Penalties for Felony Sexual Assault in Texas

The penalties for felony sexual assault in the Lone Star State are severe. If convicted of a felony sexual assault charge, you can expect to face significant jail time, as most judges do not cut any legal slack for first time offenders. You might also have to pay a hefty fine and complete numerous actions that rehabilitate you for reintroduction into the community.

Texas separates felony sexual assault charges into two degrees. Second degree felony sexual assault carries a prison sentence between two and 20 years, as well as a maximum fine of $10,000. A more serious first degree felony conviction results in jail time as short as five years and as long as 99 years. However, super aggravated sexual assault of a child results in at least a prison sentence of 25 years. Defendants convicted of super aggravated sexual assault of a child can face the stiffest sentence available for judges to order, which is life without parole.

More than Just a Jail Term

Anyone convicted of a felony sexual assault charge can expect to face several additional negative consequences of the conviction. You might have restrictions placed on you concerning where you are allowed to live. Finding gainful employment will be an almost impossible challenge. Convicted felony sex offenders no long qualify for federal financial aid, as well as have difficulty earning professional licenses and certifications. You can expect to lose your right to bear arms and to lose custody of children. The judge presiding over the case might feel it is in the best interest of your family for you to lose visitation rights as well.

Other Defenses besides Consent

The consent defense often turns into a debate as to which party involved in the alleged sexual encounter is telling the truth. At Capetillo Law Firm, we will work hard to find holes in the prosecution’s case, especially when it comes to the physical evidence presented by the prosecution. The outcome of felony sexual assault cases invariably depends on the strength of the physical evidence introduced by the prosecution. Adam Capetillo will turn to noted forensic experts to validate DNA found in hair, blood, and semen samples. DNA is the most important element of proving the physical presence of a suspect in a felony sexual assault case.

We will also work hard to have at least two eyewitnesses testify under oath that you were not at the scene of the alleged felony sexual assault. You might know the victim, which means your DNA might show up in the analysis of hair samples. By presenting a powerful alibi, Adam Capetillo plants the seed of reasonable doubt needed to convince jurors to return a not guilty verdict. “Beyond a reasonable doubt” represents the highest standard for returning a guilty verdict in the United States criminal justice system.

Work with an Experienced Felony Sexual Assault Attorney

You cannot afford to take chances and have a public defender represent you in a felony sexual assault case. By working with highly rated criminal defense attorney Adam Capetillo, you will receive the legal representation you deserve to fight all criminal charges

Schedule a free initial consultation with Adam Capetillo by submitting the online Contact form or by calling our office at (346) 249-5544.