Being charged with Aggravated Sexual Assault is one of the most serious offenses a person can be charged with and the presumption of innocence seems to go out the window as soon as an investigation begins. Our goals for any sexual assault charge is threefold:

  • Avoid prison time;
  • Avoid a conviction; and
  • Avoid registration as a sex offender, if at all possible.

What is Aggravated Sexual Assault?

Aggravated Sexual Assault is a sexual assault that has at least one “aggravating” factor as set out in Penal Code 22.021. A sexual assault becomes an Aggravated Sexual Assault if a weapon is used or displayed, if the accused caused serious bodily injury, attempted to cause death, threatens serious bodily injury or death, use a date rape drug, or the victim is an elderly person or under the age of 14.

Texas Penal Code Section 22.021 defines Aggravated Sexual Assault in Texas. Simply put, a sexual assault becomes aggravated if:

  1. The accused caused serious bodily injury or death;
  2. Threatened human trafficking, death, serious bodily injury, or kidnapping;
  3. The accused uses or exhibits a deadly weapon;
  4. The accused uses a date rape drug;
  5. The victim is younger than 14; or
  6. The victim is elderly;
  7. The victim is disabled.

1st Degree Felony TexasPunishment for Aggravated Sexual Assault

This is a first degree offense, with a punishment range of 5 years to 99 years in prison or life.

Aggravated Sexual Assault of a Child

Aggravated Sexual Assault of a Child or Aggravated Sexual Assault of a Minor in Texas, is a sexual assault of a person under the age of 14. Aggravated Sexual Assault is generally the penetration of the sexual organ, anus, mouth involving a child under the age of 14. Sexual Assault of a Child is also “aggravated” if a deadly weapon is used or serious bodily injury is threatened.

Punishment for Aggravated Sexual Assault of a Child

This is a First Degree offense, with a punishment range of 5 years to 99 years in prison or life.

Super Aggravated Sexual Assault of a Minor

  • If the victim is under the age of 6, the offense is considered a Super Aggravated Sexual Assault.
  • The offense is also Super Aggravated Sexual Assault If the victim is under the age of 14 and
    • The accused caused serious bodily injury or death;
    • Threatening human trafficking, death, serious bodily injury, or kidnapping;
    • The accused uses or exhibits a deadly weapon; or
    • The accused uses a date rape drug.

Punishment for Super Aggravated Sexual Assault of a Minor

The punishment for Super Aggravated Sexual Assault is 25 years to 99 years or life in prison. Pursuant to Texas Government Code Section 508.145(a), a person sentenced for a Super Aggravated Sexual assault is not eligible for parole. Deferred adjudication is prohibited for Aggravated Sexual Assault and Super Aggravated Sexual Assault. Additionally, a person who is convicted of Aggravated Sexual Assault will have to register as a sex offender.

How We Are Different

  • Individualized Attention: We understand that clients who hire us are coming to us with the biggest problems in their lives, and we treat their problems with the care and attention warranted by the problem. We seek out the best outcomes by over-preparing, finding weaknesses in the State’s case, through careful negotiations and, when necessary, trial.
  • Exceptional Experience: We’ve handled hundreds of sex crime charges. All of our partners are former prosecutors. We not only know the State’s playbook, but in many cases, we helped write it. We have over half a century of experience handling criminal cases, and we are ready to put our experience to work for you.
  • Proven Results: We know you have a lot of options to chose from. Our results and reviews speak for themselves. Recent Results.
  • Time is of the Essence: As former prosecutors, we know the best results go to the most proactive attorneys. Call us today at (817) 203-2220 or contact us online to find out how you can get started with our firm.

Call for a Complimentary Strategy Session

Being charged with a sex crime is overwhelming. You don’t have to go at this alone. Put our experience to work for you. Give us a call at (817) 203-2220.

During this complimentary strategy session we will:

  • Discuss the facts of your case;
  • Talk to the attorney who will handle your case;
  • Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and
  • Discuss the defenses that apply to your plan and in general terms discuss our approach to your case.

You can also contact us online:

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