Aggravated Sexual Assault Defense Lawyer Houston, TX
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Experienced Houston Sexual Assault Lawyer Fighting For Your Rights
Fighting sexual assault charges is a high-stakes situation that requires in-depth knowledge of criminal law and experience with local courts. If you’re seeking the services of an aggravated sexual assault defense lawyer, Houston, TX Attorney Keith B. Jackson can help you.
Attorney Jackson understands the sensitive nature of sex crime charges. He understands the shame and stress that such accusations can cause. As a Houston sex crime defense attorney, B. Keith Jackson provides compassionate legal support. He works diligently to protect the rights of those facing unfair and false accusations.
Take the first step towards protecting your freedom today. Seek legal representation from B. Keith Jackson, Attorney and Counselor at Law PLLC. Call (281) 545-5020 or contact us online today to set up your initial consultation.
What is Aggravated Sexual Assault in Texas?
When facing sexual assault charges, it is important to understand exactly what you are being accused of. Aggravated sexual assault is a felony criminal offense that involves various forms of sexual contact performed on an individual without that person’s consent. Sexual assault becomes aggravated when certain factors enhance the severity of the crime.
Generally, aggravated criminal offenses pose a greater risk to the victim or other individuals, involve more harm or violence, or are committed against particularly vulnerable individuals. In short, prosecutors of aggravated sexual assault charges claim that the defendant not only sexually assaulted someone, but that they did so in a more severe manner, which raises penalties.
Sexual Assault vs Aggravated Sexual Assault in Texas
According to Texas Penal Code Section 22.011, sexual assault occurs when a person intentionally or knowingly performs certain acts without the other person’s consent. Sexual assault can involve causing penetration of another person’s anus or sexual organ by any means or penetration of another’s mouth by the sexual organ of the actor. Causing another person’s sexual organ to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor, without their consent, also qualifies as sexual assault.
In addition to the above-mentioned acts, sexual assault of a child can involve causing the anus or mouth of a child to contact certain parts of another person, including the actor. These acts count as sexual assault regardless of whether the perpetrator knew the child’s age at the time of the offense.
Texas law outlines matters of consent concerning sexual assault. Sexual acts are considered non-consensual in the following situations:
- Use of force, violence, coercion: The actor uses physical force, violence, or coercion to force their victim to submit or participate in sexual acts.
- Use of threats: The actor threatens another person or a third party with physical force, violence, or harm to compel submission or participation, and the other person believes the actor is capable of carrying out the threat.
- The victim is unaware, unconscious, or unable to resist: The other person has not consented, and the actor knows the other person is unconscious, physically unable to resist, or unaware that sexual assault is occurring.
- Victims with certain mental health issues: The actor knows that the other person cannot appraise the nature of sexual acts or resist them due to a mental disease or defect.
- Use of date rape drugs: The actor has intentionally impaired the other person by administering any substance without the other person’s knowledge.
- Abuse of authority: The actor is in a relationship with the victim wherein they use their authority to coerce submission to or participation in sexual acts. This includes sexual abuse committed by mental health service providers, health care service providers, clergymen, coaches, tutors, caregivers, etc.
- Under the age of consent: Individuals under the age of 17 cannot legally consent to sexual activity in Texas. Adults who engage sexually with anyone under the age of 17 are guilty of statutory rape.
The key difference between sexual assault and aggravated sexual assault cases is the presence of at least one aggravating factor. Due to the increased severity of the crime, an aggravated sexual assault conviction results in harsher punishments than a conviction for sexual assault.
Aggravated Sexual Assault Texas Penal Code
Texas Penal Code Section 22.021 details the aggravating factors related to aggravated sexual assault charges. A person commits aggravated sexual assault if they, at the time of the crime, cause serious bodily injury or attempt to cause the death of either the victim or another person. Aggravated charges also apply if the actor, through acts or words, threatens any person with kidnapping, human trafficking, serious bodily injury, or death.
Cases involving multiple actors who sexually assault the same victim during the same criminal episode qualify for aggravated sexual assault charges. Courts also charge actors who use or exhibit deadly weapons with aggravated sexual assault. Administering a date rape drug without the other person’s knowledge and with the intent to assault them sexually is considered aggravated sexual assault.
Texas law provides special protection for victims who would be particularly vulnerable to sexual assault. Therefore, cases involving victims younger than 14, elderly victims, or disabled victims are tried as aggravated sexual assault cases.
Is Aggravated Sexual Assault a Felony in Texas?
Yes. All sexual assault cases are charged as felonies in Texas. Standard sexual assault is a second-degree felony. Aggravated sexual assault is a first-degree felony. In any case, when facing these charges, the importance of hiring an experienced Houston sexual assault defense lawyer cannot be overstated.
Penalties for Aggravated Sexual Assault Charges in Texas
Those found guilty of aggravated sexual assault are subject to harsh legal penalties. Courts may sentence offenders to life in prison or a prison term of 5 to 99 years. Conviction can also lead to a fine of up to $10,000. Probation is not available to individuals sentenced to 10 or more years in prison.
Under certain conditions, Texas law requires enhanced penalties for aggravated sexual assault. A 25-year prison sentence is the lowest possible prison term for cases involving a person younger than six years old. The same minimum applies to cases involving victims younger than fourteen and at least one additional aggravating factor. Defendants charged with aggravated sexual assault of a victim younger than fourteen years old are not eligible for probation. Due to the enhanced penalties associated with these charges, such cases are sometimes referred to as super aggravated sexual assault.
Sex Offender Registration Requirements for Aggravated Sexual Assault
In Texas, sex offender registration is mandatory following conviction of sexual assault and several other sex crimes. Individuals convicted of aggravated sexual assault must register as sex offenders for life.
Generally, offenders are obligated to register within seven days of arriving in a municipality or county where they intend to reside. Registration includes a wide range of identifying information, such as the offender’s full name, date of birth, sex, race, height, weight, eye color, hair color, social security number, driver’s license number, shoe size, address, and a recent color photograph or digital image. Information about the crime the offender was convicted of, including the type of offense, the victim’s age, the date of conviction, and the punishment received, is also available in the registration.
Sex offenders typically report annually to local law enforcement to verify their registration information. In some cases, courts require high-risk offenders to report every 90 days. If any relevant information changes, such as the offender’s address or place of employment, they must update their registration information.
Failure to comply with registration requirements for aggravated sexual assault is typically a third-degree felony. However, charges can elevate to a second-degree felony or higher under certain circumstances.
Other Consequences of an Aggravated Sexual Assault Conviction
Beyond the legal penalties assigned by the court, a sex crime conviction also comes with far-reaching consequences that can impact several areas of your life. Conviction may limit your employment opportunities, ability to live in certain places, and your personal reputation.
Texas law prohibits certain sex offenders from specific types of employment, including operating buses, taxi cabs, limousines, and amusement rides. Some offenders cannot provide any type of service in the residence of another person without supervision. A sex offender may not operate, manage, or be employed at a sexually oriented business. Furthermore, sex offenders cannot join the Texas State Guard.
A sex crime conviction in Texas can also limit your housing opportunities. Only low-risk sex offenders are allowed to reside on college campuses, for example. Child sexual assault offenders cannot go in, on, or within a certain distance of Child Safety Zones, such as schools, day-care facilities, playgrounds, etc. This limits where such offenders can live.
Sex offender registration information is publicly accessible. This means that potential employers, friends, neighbors, and other individuals have access to the details of sex crime convictions. This can severely impact relationships across all areas of your life.
Possible Defenses to Aggravated Sexual Assault Allegations
Contact a local criminal defense law firm as soon as possible following any sex crime allegations. A professional Houston criminal defense attorney can build a strong defense against the prosecution’s case and increase your chances of avoiding conviction.
The prosecution has to prove guilt beyond a reasonable doubt. An effective defense strategy is to challenge the case that the prosecution attempts to make. For example, if the prosecution lacks medical evidence or is relying heavily on circumstantial evidence, your attorney can point out those weaknesses. Questioning the credibility of witness statements can also prove useful when fighting sexual assault allegations.
If you are a victim of false allegations, your lawyer’s defense will focus on proving that the alleged act did not occur or that it does not qualify as sexual assault. For example, sexual assault charges only apply to cases lacking consent. Your attorney may secure a case dismissal by proving that the alleged victim willingly participated in the sexual activity in question. An attorney can also help prove you were wrongfully accused due to a case of mistaken identity.
How a Houston Aggravated Sexual Assault Attorney Can Protect You
Texas courts and criminal prosecutors can be ruthless in pursuing criminal convictions for sexual assault cases. Appearing in court without legal representation leaves you in an extremely vulnerable position. Criminal defense attorneys provide much-needed protection against sexual assault and rape charges.
By gathering evidence, securing witness statements, and thoroughly reviewing case circumstances, criminal defense lawyers prepare to provide aggressive representation. With the help of an experienced lawyer, your chances of having charges reduced or dismissed increase significantly.
Why Choose B. Keith Jackson for Your Houston Criminal Case
Attorney Jackson has ample experience in handling a wide range of criminal defense cases. As a Houston violent crime defense attorney, he has defended clients against aggravated criminal charges. His time as a Texas attorney has also given him a thorough understanding of how local courts and judges handle sex crime cases. He can anticipate the prosecution’s arguments and prepare accordingly.
Attorney Jackson is eager to use his experience and knowledge to the benefit of clients in Houston and the surrounding areas. He will provide the support you need throughout the legal process and fight to secure the best possible outcome for your case.
Arrested or Under Investigation for Aggravated Sexual Assault? Call Houston Sexual Assault Attorney B. Keith Jackson Today
Whether you’ve recently been arrested or are just under investigation for aggravated sexual assault, contacting an attorney should be your first priority. The sooner you secure reliable legal representation, the sooner you can start defending your rights, freedom, and reputation. If you are the suspect in a sex crime, it can seem like an overwhelming number of people are working against you – including police, judges, and legal prosecutors. B. Keith Jackson, Attorney and Counselor at Law PLLC, will stand by your side.
Contact Attorney Jackson’s law office for legal services in Houston, Tomball, Montgomery County, and Harris County. Clients can reach out by calling (281) 545-5020 or using the online contact form. Schedule your initial, confidential consultation with Attorney B. Keith Jackson today.
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