If you have been charged with sexual assault in Texas, you could be in a world of trouble. Texas law takes sexual assault seriously and provides for penalties that reflect that. Sexual assault in Texas is always a felony. Depending upon what class of felony you are charged with, you could be looking at up to 99 years in state prison if you are convicted. Needless to say, that would be the functional equivalent of life in prison for anyone. If you are facing sexual assault charges, getting a good defense attorney might be the best money you ever spend.
Sexual Assault Covers A Lot of Activity
The list of things that constitute sexual assault in Texas is fairly lengthy, but at its most basic, the charge of sexual assault actually is pretty simple — you had sexual relations with someone without their consent. Most sections of the sexual assault laws require some form of penetration, but that is not true when a child of younger than 17 years old is involved. That remains true regardless of whether you knew how old the child was at the time of the encounter at issue. The requirement for lack of consent does not apply when a child of less than 17 is involved because a child cannot legally give consent.
The Texas sexual assault statute’s list of circumstances for lack of consent also is quite lengthy. Obviously, the use of force, violence, or coercion in the sexual assault shows a lack of consent, as does the credible threat of force or violence. Numerous other situations not involving force also are considered to show a lack of consent, however, including:
- The victim is unconscious
- The victim was unknowingly given a so-called “date rape drug”
- The assault was compelled by credibly threatening to use force against another person, such as a friend or relative of the victim
- The victim lacks the mental capacity to consent or understand what is happening
- The attacker is a public servant who coerces the victim into participating
- The attacker is a mental health care or other health care provider who exploits emotional vulnerability or dependency to coerce the victim’s participation
Penalties for sexual assault can be very steep. If convicted, the crime is at least a second-degree felony and, depending upon circumstances, can be a first-degree felony. A second-degree felony is punishable by a prison term of at least two years, and not more than 20 years. In addition, a fine of up to $10,000 also can be imposed. For a first-degree felony, the penalties are at least five years in prison and as much as 99 years in prison. Once again, a fine of as much as $10,000 can be handed down, as well. Aggravating circumstances can push those sentences and fines well above the minimums call for.
If You are Facing Sexual Assault Charges in the Houston Area, Talk to Madrid Law Firm
Sexual assault charges in Texas definitely need to be taken seriously. If you are convicted, your future is in jeopardy. Defenses are available, though, and you need a criminal defense lawyer who knows how to put up a good defense. If you want a lawyer with the experience to help you put together a defense and achieve the best outcome possible, you should talk to the Madrid Law Firm.
