Sexual Assault Defense Lawyer in Houston

Protecting Our Clients Freedom and Reputation Against Sexual Assault Charges

Texas courts take any accusation of sexual assault very seriously, and individuals who are convicted could spend significant time in jail or prison. Additionally, individuals convicted of sexual assault will be labeled as sex offenders and must comply with the state’s sex offender registration laws.

Furthermore, being labeled as a sex offender can negatively impact the rest of a person’s life and make it incredibly challenging to find employment and housing. Being labeled a sex offender will even dictate that they cannot live near a school or daycare center.

As a result, anyone who has been charged with a sex crime must hire an experienced sex crimes lawyer who understands what it takes to obtain favorable client results.

If you or a family member are facing sexual assault charges, contact Drehner Law of Houston, TX, and ask to schedule a free and confidential consultation to discuss your case and what legal strategies may be available.

What is Considered Sexual Assault in Texas?

Individuals who are not originally from Texas often confuse the terms “sexual assault” and “rape.” Under Texas law, sexual assault and rape charges are the same thing.

The Texas Penal Code defines sexual assault as:

• Intercourse and penetration without consent of the victim.
• Sexual abuse of an individual who cannot give legal consent due to a disability or lack of mental capacity.
• Intercourse, penetration, or sexual contact with a minor, even with consent.
• Violent and forcible intercourse, penetration, or sexual contact, even with consent.
• Pressuring another into sexual acts by using coercive actions such as fear, threats, or intimidation.

An offender may be charged with aggravated sexual assault if there is at least one aggravating factor present. The aggravating factors include:

• The defendant caused the victim to suffer serious bodily injury.
• The defendant used a date rape drug on the victim.
• The defendant used or displayed a weapon.
• The defendant threatened the victim with kidnapping, human trafficking, or serious bodily injury or death.
• The defendant attempted to cause the death of the victim.
• The victim is elderly, disabled, or under the age of 14.

If you are still unclear about what is considered to be sexual assault, contact Drehner Law of Houston so that we may answer your questions.

How Much Time Can a Person Get if Convicted of Sexual Assault?

Texas law stipulates that sexual assault be charged as a second-degree felony. However, sexual assault charges may be enhanced to a first-degree felony if the defendant is related to the victim.

If the defendant is charged with a second-degree felony and convicted, they face a minimum mandatory sentence of at least two years in prison. However, the court has the discretion to sentence the defendant to anywhere between 2 to 20 years in prison and impose a fine of up to $10,000.

Suppose the defendant is convicted of aggravated sexual assault, which is classified as a first-degree felony in Texas. In that case, they face a sentence of between 5 and 99 years in prison and a $10,000 fine. Additionally, the defendant must register with the Texas Sex Offender Registry.

Because of the severe consequences that accompany sexual assault convictions, it is in your best interest to have a skilled criminal defense attorney on your side who can fight aggressively to protect your freedom.

Our criminal defense attorney has comprehensive experience handling sex assault charges. Contact our Houston law offices and ask to schedule a meeting to discuss your needs.

What Legal Elements Must Be Proven in a Sexual Assault Case?

Texas law dictates that the prosecution must prove their case beyond a reasonable doubt. Beyond a reasonable doubt means that any reasonable person could have any doubt as to the defendant’s guilt.

There are four legal elements the prosecution must prove, which may vary depending on the circumstances involved in the case:

• The Act: The prosecution must prove the alleged sexual assault actually took place. The prosecutor typically relies on the victim’s testimony and physical or forensic evidence.
• Lack of Consent: The prosecution must prove the sexual assault occurred against the victim’s will or without their consent.
• Identity of the Defendant: The prosecution must successfully prove the accused is the person who committed the alleged sexual assault. Proving the identity of the defendant is typically accomplished through the use of DNA.
• Criminal Intent: The prosecution must prove the defendant had the mental state or intention to commit the sexual assault.

Even though the prosecution has the burden of proof in a sexual assault case, anyone who has been accused of a sex crime must have an attorney on their side to ensure their rights are protected.

Why is it Important to Hire Your Law Firm’s Sexual Assault Lawyer to Defend Me?

Texas takes a dim view of sexual assault and individuals who have been convicted not only face spending a significant amount of time in prison but also risk losing their reputation and standing in the community.

Other local sex crimes attorneys often convince clients to take plea deals or plead guilty to avoid further legal action. However, Drehner Law is passionately committed to getting justice for our clients by conducting a thorough independent investigation to determine the truth.

Furthermore, our entire legal staff strives to treat each client with the integrity and respect they deserve. We understand that individuals are often falsely accused of sexual assault, and we will work tirelessly to help you receive the fair treatment you look for in a criminal defense lawyer.

If you or a family member have been arrested and are now facing sex assault charges, contact our Houston law offices immediately. We may be reached by calling 832-626-0063 and asking to schedule a free, no-obligation consultation with our sexual assault defense lawyer.