Aggravated sexual assault is a first-degree felony in Texas, punishable by 5 to 99 years in prison or life — and a conviction carries lifetime sex offender registration. If you or someone you love has been charged in Denton County, the time to act is now. Every hour matters when your freedom, your reputation, and your future are on the line.
Why Denton County Defendants Trust Varghese Summersett
Aggravated sexual assault charges are among the most serious accusations a person can face. The stakes are too high to trust your defense to just anyone. Varghese Summersett is a full-service Texas law firm with more than 100 years of combined legal experience across our team of 70+ attorneys and legal support professionals. We maintain four offices — Fort Worth, Dallas, Southlake, and Houston — and regularly defend clients facing felony charges in Denton County courts.
Our firm has earned 1,600+ dismissals and 800+ charge reductions across thousands of criminal cases. Five of our criminal defense attorneys are Board Certified, the highest designation a lawyer can reach in Texas. Our attorneys have been featured in national and regional media and are recognized annually by Super Lawyers, Best Lawyers in America, and leading legal publications. When the charge is this serious, our bench runs deep.
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What Is Aggravated Sexual Assault Under Texas Law?
Under Texas Penal Code § 22.021, aggravated sexual assault occurs when a person intentionally or knowingly causes the penetration of the anus or sexual organ of another person by any means, or causes the sexual organ of another person to contact or penetrate the mouth, anus, or sexual organ of any person, without consent — and at least one of the following aggravating circumstances is present:
- The actor places the victim in fear of death, serious bodily injury, or kidnapping
- The actor threatens to cause death, serious bodily injury, or kidnapping to any person
- The actor uses or exhibits a deadly weapon during the assault
- The actor acts in concert with another person who engages in sexual assault
- The actor administers a date rape drug, rohypnol, or any incapacitating substance
- The victim is younger than 14 years old
- The victim is elderly (65 or older) or disabled
Aggravated sexual assault is legally distinct from sexual assault under § 22.011 — the presence of any single aggravating factor elevates the charge to a first-degree felony. For charges involving child victims, see our pages on aggravated sexual assault of a child and super aggravated sexual assault of a child.
What the Prosecution Must Prove — and the Standard Required
In any aggravated sexual assault case, the burden of proof rests entirely with the State. You are presumed innocent. You have no obligation to prove anything. The prosecution must prove every element of the charge beyond a reasonable doubt — the highest legal standard in our justice system.
Specifically, prosecutors must establish:
- That you are the person who committed the act
- That a prohibited sexual act occurred — penetration, contact, or otherwise, as defined by § 22.021
- That the act was intentional or knowing
- That the victim did not consent, or was legally incapable of consent (as in cases involving minors)
- That at least one aggravating factor was present
Challenging any one of these elements — through witness credibility, forensic evidence, timeline inconsistencies, or constitutional violations — can be the foundation of a strong defense.
Penalties and Consequences
Aggravated sexual assault is a first-degree felony in Texas. A conviction carries:
- Prison sentence: 5 to 99 years or life in the Texas Department of Criminal Justice
- Enhanced punishment if the victim is under 14: Minimum 25 years, no parole eligibility until that time is served
- Fines: Up to $10,000
- Sex offender registration: Lifetime registration under Texas Code of Criminal Procedure Chapter 62
- Loss of civil rights: Right to vote, possess firearms, hold certain professional licenses
- Immigration consequences: Non-citizens may face deportation or permanent bars to admission
Even an accusation — before any conviction — can cost you your job, your housing, your custody rights, and your standing in the community. This is why immediate legal representation is not optional. It is essential.
Bond Amounts for Aggravated Sexual Assault in Denton County
Based on an analysis Varghese Summersett completed of over 12,937 bonds set in Denton County during 2025, here is what bond typically looks like for aggravated sexual assault charges:
Typical Bond Amounts for Aggravated Sexual Assault in Denton County
| Charge | Typical Bond Range | Most Common Bond |
|---|---|---|
| Aggravated Sexual Assault (§ 22.021) | Varies widely | $50,000 |
| Aggravated Sexual Assault of a Child (§ 22.021(a)(2)(B)) | $50,000–$1,000,000+ | $1,000,000 |
These figures reflect actual bonds set in Denton County — not estimates. As you can see, bonds in aggravated sexual assault cases involving children regularly reach seven figures. A skilled attorney can file a motion to reduce bond and present mitigating factors to the court that may bring that number down significantly.
If your loved one has been arrested, acting quickly can affect their release, case outcome, and whether the right defense strategy gets built from day one.
Common Defenses to Aggravated Sexual Assault
A charge is not a conviction. Texas law gives the accused powerful constitutional rights, and experienced defense lawyers know how to use them. Possible defenses include:
Consent. In cases involving adult complainants, the defense may challenge whether the alleged act was actually non-consensual. Prior communications, behavioral evidence, and the accuser’s own statements can all be relevant.
False accusation. Allegations of sexual assault sometimes arise in contentious divorce, custody, or relationship disputes. Text messages, emails, social media, and witness testimony can expose a fabricated or exaggerated claim.
Mistaken identity. If the evidence connecting you to the crime relies on identification — lineups, photo arrays, or eyewitness testimony — that evidence can be challenged. Eyewitness identification is one of the leading contributors to wrongful convictions.
Insufficient or tainted evidence. Was a search conducted without a valid warrant? Was physical or forensic evidence mishandled? Constitutional violations can result in evidence being excluded entirely — leaving the prosecution’s case in tatters.
No aggravating factor. Even if a sexual act is alleged, the State must prove at least one aggravating circumstance beyond a reasonable doubt. Disproving the aggravating factor can change the entire legal landscape of the case.
Challenging the forensic evidence. DNA testing, sexual assault nurse examiner (SANE) reports, and other forensic evidence are not infallible. Retesting, alternative explanations, and expert witnesses can all be part of a rigorous defense.
What to Expect: The Denton County Criminal Process
After an arrest on aggravated sexual assault charges in Denton County, here is what typically happens:
- Arrest and booking at the Denton County Jail, 127 N. Woodrow Lane, Denton, TX
- Magistration and bond setting — a magistrate reviews the charges and sets bond, often within 48 hours
- Grand jury presentation — in Texas, a felony cannot proceed to trial without a grand jury indictment; this is a critical intervention point for defense attorneys
- Discovery and pretrial hearings — your attorney receives the State’s evidence and can file motions to suppress or challenge evidence
- Plea negotiations or trial — depending on the evidence and your goals, your attorney will advise whether to pursue a negotiated resolution or take the case to a jury
One of the most critical stages is the grand jury phase. If a skilled attorney presents evidence to the grand jury showing that the charges lack merit, the grand jury can issue a “no bill” — meaning the case never proceeds to trial at all. Varghese Summersett has achieved exactly this outcome in aggravated sexual assault cases.
What to Expect From Varghese Summersett
From the moment you call, our team goes to work. Here is what representation from Varghese Summersett looks like in practice:
We review everything — the police report, the SANE examination, DNA results, digital evidence, and investigative files. We conduct our own independent investigation, often uncovering facts law enforcement missed or chose to ignore. We challenge the prosecution’s evidence at every turn, from pretrial motions to suppress through cross-examination at trial.
We also understand that an accusation is not just a legal event — it is a personal crisis. Our attorneys treat clients with dignity and discretion, keeping you informed and prepared at every stage. You will never wonder what is happening in your case.
We handle cases at all levels — from pre-arrest investigations to trial. If you have been contacted by a Denton County detective and no charges have been filed yet, reach out today — the sooner we get involved, the more options you have. We are available 24 hours a day, seven days a week.
For more information on how sex crimes are prosecuted and defended in Texas, visit our statewide resource on Texas sex crimes defense and our page on Denton County sexual assault defense.
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Watch: Aggravated Sexual Assault vs. Sexual Assault in Texas Explained
Attorney Letty Martinez breaks down the legal difference between sexual assault and aggravated sexual assault under Texas law — including what elevates a charge and what it means for punishment.
Frequently Asked Questions
Can aggravated sexual assault charges be dropped in Texas?
Yes. Charges can be rejected by prosecutors before formal filing, no-billed by a grand jury, dismissed by the court, or resolved through acquittal at trial. The earlier you retain a defense attorney, the more leverage you have to affect what happens at each of these stages.
Does aggravated sexual assault require sex offender registration for life?
A conviction for aggravated sexual assault under § 22.021 requires lifetime sex offender registration under Texas Code of Criminal Procedure Chapter 62. This applies regardless of whether the person serves prison time or receives a deferred adjudication. Avoiding a conviction — or having charges reduced to a non-registerable offense — is one of the most important objectives in these cases.
What is the difference between sexual assault and aggravated sexual assault in Texas?
Standard sexual assault under § 22.011 is a second-degree felony. Aggravated sexual assault under § 22.021 is a first-degree felony that carries a mandatory minimum of five years and can result in a life sentence. The difference lies in the presence of an aggravating factor — such as use of a weapon, the threat of serious bodily injury, acting with an accomplice, or the age or disability of the victim.
Can I be charged with aggravated sexual assault even if the alleged victim does not cooperate with prosecutors?
Yes. Under Texas law, a criminal case can proceed without the cooperation of a complaining witness. Prosecutors can — and often do — move forward using other evidence such as a recorded statement, medical records, or physical evidence. A non-cooperative victim does not automatically mean the charges go away, which is why legal representation is critical regardless of what the accuser says.
What happens if I was falsely accused of aggravated sexual assault in Denton County?
A false accusation is one of the most frightening experiences a person can face, but it happens. Your attorney can investigate the accuser’s credibility, gather evidence that contradicts the allegations, and challenge every piece of evidence the State presents. Do not make any statements to police or detectives without an attorney present. Call our Denton County line — (940) 252-2220 — before you say a word.
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Speak With a Denton County Aggravated Sexual Assault Lawyer Today
An aggravated sexual assault charge can feel like the walls are closing in. But the charge is not the verdict. Varghese Summersett has defended clients at every stage — from the moment detectives make contact through jury trial — and we know what it takes to fight these cases effectively in Denton County. Call (940) 252-2220 to speak with a member of our team any time, day or night.
