Sexual assault is one of the most serious offenses that an individual could face in Texas. Since federal codes and statutes have sex crime laws in place, a federal prosecutor technically has the discretion to assert jurisdiction over a sexual assault crime that takes place within the borders of Texas. 

However, when it comes to prosecuting sex crimes at the federal level, prosecutors tend to be choosy and frequently leave many of these matters in the hands of state-level prosecutors. A federal prosecutor might bring the charge if the alleged incident of sexual assault happened on federal land, involved some type of interstate activity (such as sex trafficking), or is so severe that a specific federal law comes into play. 

If you are currently pending a criminal charge for sexual assault in Texas – or at the federal level – you must have an experienced criminal defense attorney on board in your case, aggressively advocating for your legal rights and interests. The experienced Texas criminal defense lawyers at The Law Office of David D. White, PLLC, could represent you throughout your pending criminal case, work to protect your legal and constitutional rights, represent you at all legal proceedings in your case, and help you obtain the best possible result. 

For a free case evaluation and legal consultation with a knowledgeable Texas criminal defense attorney, please contact our firm to learn more. 

What is a Sex Crime at the Federal Level?

At the federal level, a sex crime is a sexual act that one person commits against another person through an unlawful or deadly threat of force – and without permission, knowledge, or consent from the alleged victim. In addition to rape and sexual assault, other offenses may constitute a sex crime in federal courts, including child sexual abuse, failing to register as a sex offender on a federal registry, repeat sex offenses, possession of child pornography, and sexual slavery and human trafficking. 

When a prosecutor files charges at the federal level for sexual assault or some other sex crime, they must fully satisfy their legal burden of proof beyond a reasonable doubt, which is a very high standard to overcome. If the prosecutor is unable to satisfy their legal burden, then they will not be able to secure a guilty finding or conviction against the accused individual, and the case may be subject to a complete dismissal. 

In a criminal case, the accused individual does not have to satisfy any legal burden of proof or actually prove anything in the case. Moreover, because of the accused person’s Fifth Amendment right against self-incrimination, they are under no obligation to take the witness stand at trial and testify in their own defense. However, at a state or federal court trial, your lawyer might be able to raise one or more legal defenses on your behalf, which may prevent the prosecutor from proving one or more legal elements, potentially leading to a full case dismissal. 

Defenses to a Sexual Assault Charge

At the state or federal level, a person who is pending a charge for sexual assault may be able to raise one or more legal defenses in response to their charge. First, the accused person could allege that they were someplace else at the time the alleged incident occurred (i.e., alibi), and an independent witness may be able to confirm that fact. An accused individual might also be able to argue that the alleged victim consented to the sexual act in question. Finally, the accused person might be able to argue mistaken identity in response to a sexual assault charge.

By raising one or more successful legal defenses in your case, you may be able to secure a complete dismissal of your pending sexual assault charge. Our legal team could help you formulate a strong defense to your charge and, if appropriate, argue that defense on your behalf in court. 

Negotiating a Plea Deal with State and Federal Prosecutors

The vast majority of criminal cases at both the state and federal levels are resolved by way of a plea deal or plea bargain. If every single criminal case had to go to a jury trial in the court system, it would place a significant strain on the court – and on judges in particular. 

In some criminal cases involving sexual assault, a prosecutor might place a plea deal on the table. In a plea deal arrangement, the state prosecutor usually proposes one or more concessions. However, in exchange for those concessions, the accused individual must ordinarily plead guilty to some offense – even though it might be a lesser offense than what the accused individually was originally charged with. For example, the prosecutor might be willing to offer the accused person a period of probation or lessen the charge from felony sexual assault down to misdemeanor sexual assault in exchange for a guilty plea from the accused. 

If the accused pleads guilty, they must give up certain legal and constitutional rights, including their Sixth Amendment right to a trial by jury, as well as their right to appeal the final case result. The accused person must also place their guilty plea on the record in court and verbally state that their plea is not the result of coercion from others. 

Our legal team could negotiate with a federal or state prosecutor on your behalf and explain the benefits and risks of accepting a particular plea deal. Based on the facts and circumstances of your sexual assault case, we could help you decide whether a plea deal might be beneficial to you. 

Speak with an Experienced Texas Criminal Defense Attorney Today

If you are currently pending a criminal charge for sexual assault at the state or federal level, you must retain the legal help that you need as quickly as possible. At The Law Office of David D. White, PLLC, we can immediately enter an appearance on your behalf and start advocating for your rights and interests. 

For a free case evaluation and legal consultation with a skilled Texas criminal defense lawyer, please call us at 512-886-8428 or contact us online for more information.