What is Aggravated Sexual Assault?

Aggravated sexual assault is one of the most serious criminal offenses that a person could face in Texas. If you ultimately incur a conviction on an aggravated sexual assault charge, you will most likely be looking at extremely serious penalties, including jail time. The court may also require you to register as a sex offender.

If you are currently pending a criminal charge for aggravated sexual assault, it is important that you seek out experienced legal counsel to represent you in your case right away. The skilled Texas criminal defense lawyers at the Law Office of David D. White, PLLC can review your charge documents with you and discuss the incident in detail. We could then help you explore your legal options and help you develop a plan of action for your criminal case. Our team will do everything possible to help you obtain a charge dismissal, if possible, or some other favorable result in your case.  

For a free case evaluation and legal consultation with a knowledgeable Texas criminal defense lawyer, please contact us for more information. 

Aggravating Factors for Sexual Assault

Pursuant to various provisions of the Texas penal code, sexual assault is different from aggravated sexual assault. Aggravating factors for sexual assault include:

• The alleged victim’s age, such as when they are under 14 years of age (or below the legal age of consent in Texas)
• The victim’s status, such as where the assailant commits a sexual assault crime against an individual who suffers from a physical or mental disability
• Weapon use, such as where the accused individual threatens to use a gun, knife, or another deadly weapon during the commission of the offense – or where they display or actually use a deadly weapon while they commit the sexual assault 
• Threats of violence, where the accused individual threatens the alleged victim with some type of bodily harm – either through actions or words – while they commit the sexual assault
• Drug use, where the accused individual uses some type of drug or controlled substance to try and impair the alleged victim’s judgment – or relax them so that they won’t attempt to resist the accused’s sexual advances

Potential Penalties for a Conviction for Aggravated Sexual Assault 

The potential penalties upon conviction for aggravated sexual assault in Texas can be quite serious. However, to receive any penalties from a sentencing judge, the state prosecutor handling the case must first be able to satisfy their legal burden of proof beyond a reasonable doubt. This is a very high standard for state prosecutors to overcome, and if they fail to satisfy even one legal element of the underlying charge, the charge may be subject to a complete dismissal. 

However, if the prosecutor successfully proves the accused’s guilt, a sentencing judge will issue the appropriate penalties. Those penalties may include:

• A minimum of 25 years of incarceration
• High monetary fines
• Added restrictions 

Moreover, if you have one or more prior sexual assault cases on your record, a judge could sentence you to life imprisonment without the possibility of parole. Our experienced team could represent you at your sentencing hearing and work to minimize the potential penalties that you receive upon conviction. 

Potential Legal Defenses to an Aggravated Sexual Assault Charge

Accused individuals are presumed innocent unless and until a state prosecutor establishes their guilt (beyond a reasonable doubt) in court. If you are currently pending an aggravated sexual assault charge, we may be able to raise one or more of the following legal defenses on your behalf at trial:

• Mistaken identity
• Innocence
• Consensual sex
• Insanity
• False nature of allegations

If a legal defense is successful at trial, it may prevent the state prosecutor from establishing their legal burden, leading to a complete charge dismissal in your case. 

Contact a Skilled Criminal Defense Lawyer in Texas Right Away

At the Law Office of David D. White, PLLC, our experienced legal team can aggressively defend you against your aggravated sexual assault charge and work to minimize the penalties and collateral consequences you incur. 

For a free case evaluation and legal consultation with a knowledgeable Texas criminal defense attorney, please call us at 512-369-3737 or contact us online for more information.