Denton County Aggravated Sexual Assault Child Charges

Aggravated sexual assault of a child in Texas is a first-degree felony that carries 5 to 99 years or life in prison — and in many cases, a mandatory minimum of 25 years with no possibility of parole. If you or someone you love has been charged with this offense in Denton County, you are facing one of the most serious criminal charges in the state. The time to act is now.

Varghese Summersett is one of Texas’s most respected criminal defense firms, with four offices statewide, more than 70 team members, and a track record that includes over 1,600 dismissals and 800+ charge reductions. The firm has five Board Certified criminal defense attorneys — the highest designation an attorney can reach.

For Denton County sex crimes, the firm relies on attorneys with a rare depth of experience on both sides of these cases. Letty Martinez is a Board Certified Criminal Law Specialist who spent more than 20 years as a prosecutor with the Tarrant County District Attorney’s Office, where she served as Chief of the Crimes Against Children Unit. She has tried over 100 cases and now uses that insider knowledge to defend people accused of the most serious charges.

Jack Christy is a seasoned criminal defense attorney and former prosecutor with decades of courtroom experience handling high-stakes felony cases. Known for her strategic approach and commanding presence at trial, she has successfully defended clients accused of serious sex offenses and brings invaluable insight into how the state prepares and prosecutes these deeply complex cases.

Tiffany Burks brings over 25 years of trial experience, including 22 years as a prosecutor — retiring as a Deputy Chief — and handles felony sex crimes and violent offenses.  Together, this team understands exactly how prosecutors build aggravated sexual assault of a child cases — and how to take them apart.

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What People Facing These Charges Need to Know

An accusation of aggravated sexual assault of a child triggers an immediate investigation, often before any charges are formally filed. Law enforcement moves fast. A detective may want to “ask a few questions.” The stakes make it essential to understand exactly what you are up against before saying a word to investigators.

People in this situation often want to know: What makes a charge “aggravated” as opposed to a lesser sex offense? What does the prosecution actually have to prove? What does a conviction mean for the rest of my life? Is there any defense when the accuser is a child? These are the right questions. The answers below address each one directly.

How Texas Law Defines Aggravated Sexual Assault of a Child

Under Texas Penal Code § 22.021, a person commits aggravated sexual assault of a child when they intentionally or knowingly engage in penetrative or certain contact sexual acts with a child — and either the victim is younger than 14 years old, or aggravating circumstances exist when the victim is 14 to 17.

The specific conduct covered under § 22.021(a)(2) includes causing penetration of the anus or sexual organ of a child by any means, causing penetration of the mouth of a child by the actor’s sexual organ, causing the child’s sexual organ to contact or penetrate the mouth, anus, or sexual organ of another person, and similar contact acts. Critically, the statute states that it does not matter whether the accused knew the child’s age at the time of the offense — ignorance of age is not a defense.

The aggravating factors that can elevate a sexual assault child charge (§ 22.011) to aggravated sexual assault child include that the victim was younger than 14, that the actor used or exhibited a deadly weapon, that the victim suffered serious bodily injury or death, that the actor placed the victim in fear of imminent death or serious bodily injury, or that the actor was a public servant acting in that capacity.

What the Prosecution Must Prove

The burden of proof rests entirely on the State. The defendant has no obligation to prove anything. To secure a conviction, the prosecution must prove each element of the charge beyond a reasonable doubt — the highest standard in American law. The elements vary slightly depending on the specific subsection charged, but generally the State must establish:

• The defendant engaged in the specific sexual conduct described in the statute
• The conduct was intentional or knowing
• The victim was a child — meaning under 17 years of age for a base sexual assault, and under 14 for the automatically aggravated version
• If the victim was 14 or older, that at least one statutory aggravating circumstance existed at the time of the offense

If the prosecution cannot prove any one of these elements beyond a reasonable doubt, the defendant cannot be convicted. That principle is at the heart of every defense strategy.

Penalties for Aggravated Sexual Assault Child in Texas

Aggravated sexual assault of a child is a first-degree felony. The standard punishment range is 5 to 99 years or life in prison, plus a fine of up to $10,000. But for many defendants, the mandatory minimum is far higher.

Under Texas Penal Code § 22.021(f), if the victim was younger than 6 years old at the time of the offense, or if the victim was at least 6 but younger than 14 and the offense involved certain contact acts, the punishment range increases dramatically: a minimum of 25 years to a maximum of 99 years or life, with no possibility of parole until the full 25-year minimum has been served. There is no way to avoid this mandatory minimum sentence, even if it is a person’s first offense.

Beyond the prison term, a conviction carries consequences that will follow a person for the rest of their life:

• Lifetime sex offender registration — ASAC is a reportable offense requiring lifetime registration on the Texas sex offender registry
• No deferred adjudication — courts are prohibited from placing a person on deferred adjudication for this offense
• 3g offense status — as a “3g” offense (now governed by Article 42A.054 of the Texas Code of Criminal Procedure), the defendant must serve at least half the sentence before becoming parole-eligible; for mandatory 25-to-life sentences, parole is not available until 25 years are served
• No expunction or nondisclosure — a conviction cannot be sealed or expunged
• Collateral consequences — loss of voting rights while incarcerated, prohibition on possessing firearms, restrictions on where a registered sex offender may live, work, or travel

To understand the sex offender registration requirements and their long-term impact, it is worth consulting with an attorney who handles these cases regularly.

Bond for Aggravated Sexual Assault of a Child in Denton County

After an arrest for aggravated sexual assault of a child in Denton County, the next immediate concern is getting out of jail while the case moves forward. Bond amounts for this charge are among the highest in the county.

Typical Bond Amounts for Aggravated Sexual Assault of a Child in Denton County

Based on an analysis Varghese Summersett completed of over 12,937 bonds set in Denton County from January 1 through December 31, 2025:

Charge	Cases Reviewed	Average Bond	Most Common Bond
Aggravated Sexual Assault of a Child (§ 22.021(a)(2)(B))	14	$528,572	$1,000,000

In plain terms: the most frequently set bond for this charge in Denton County in 2025 was one million dollars. Courts treat this as one of the most serious charges they handle, and bond conditions typically include GPS monitoring, no contact with minors, and restrictions on internet use. A skilled aggravated sexual assault child attorney can present arguments at a bond hearing to seek a reduction, but the starting point is often very high.

The sooner an attorney is involved, the better positioned the defense team is to address bond, preserve evidence, and shape the narrative before charges are formally filed or a grand jury is convened.

Common Defenses in Aggravated Sexual Assault of a Child Cases

These are serious charges, but serious charges require serious defenses. The prosecution must prove every element beyond a reasonable doubt — and skilled defense lawyers know exactly where those elements can be challenged.

False or Mistaken Accusations

Children can be coached, influenced by adults, or genuinely confused about what happened or who was responsible. In custody disputes, allegations sometimes arise in the context of a bitter divorce or family conflict. Defense attorneys investigate the source of the allegation, the timing, and who had contact with the child before the report was made. A proactive defense begins the moment an attorney is retained — sometimes even before charges are filed.

Challenging Forensic Evidence

Physical evidence in sexual assault cases must be collected, preserved, and tested according to strict protocols. Medical exams, DNA analysis, and forensic interviews are all subject to challenge if procedures were not followed correctly. Defense experts can review the methods used and identify gaps or errors.

Suggestive or Improper Interview Techniques

The way a child is interviewed after an allegation is made can have an enormous impact on what the child says and how it is interpreted. Research shows that leading questions, repeated questioning, and pressure from adults can produce false or inaccurate disclosures. Defense attorneys scrutinize the recorded interviews of child complainants for indications that the child was led or coached.

Consent and Age (Where Applicable)

Where the victim is alleged to be 14, 15, or 16 and the charge is elevated to aggravated sexual assault child based on aggravating circumstances rather than age alone, the facts surrounding those circumstances are subject to challenge. Each alleged aggravating factor must be proven beyond a reasonable doubt.

Challenging the Identification of the Accused

In some cases, the accused may not be the person who committed the act. Mistaken identity, misidentification, or gaps in the evidence connecting a specific individual to the alleged conduct can be powerful lines of defense.

For more information on available legal strategies, see our page on aggravated sexual assault of a child or our overview of how Texas law distinguishes between aggravated sexual assault and related offenses.

The Legal Process in Denton County Aggravated Sexual Assault Child Cases

Understanding what to expect can reduce panic and help you make smart decisions at every stage.

Investigation Phase

Many ASAC cases begin before any arrest. Law enforcement — often working with the Denton County District Attorney’s Office and Child Protective Services — conducts an investigation that may include forensic interviews of the child, medical examinations, and interviews of adults in the child’s life. Police may contact the suspect and ask for a “voluntary” interview. You should not speak to investigators without an attorney present. Anything said during this phase can and will be used against you.

Arrest and Bond Hearing

If an arrest is made, a bond hearing is typically held within 48 hours. This is the first opportunity for defense counsel to advocate for a reasonable bond and begin establishing a presence in the case.

Grand Jury

In Denton County, felony charges must be presented to a grand jury for indictment. This is an opportunity — with the right attorney — to present evidence to the grand jury that could result in a no-bill, meaning the grand jury declines to indict. This is one of the most underutilized tools in serious felony defense, and it requires early, aggressive action.

Pre-Trial Motions

Once a case is indicted, the defense team files motions to suppress evidence, challenge the constitutionality of the investigation, and limit what can be presented at trial. The outcome of these motions can fundamentally change the strength of the prosecution’s case.

Trial

If the case proceeds to trial, the defense team presents its case before a Denton County jury. The prosecution must prove every element beyond a reasonable doubt. Experienced trial attorneys who know how to cross-examine child witnesses, forensic experts, and investigators give defendants the best possible chance of an acquittal.

For a broader look at sex crime defense in the area, see our page on Denton County sexual assault defense, and learn more about related offenses like continuous sexual assault of a minor.

What to Expect From Varghese Summersett

Varghese Summersett takes a proactive approach to sex crime defense — meaning they begin building the defense the moment they are hired, not after the prosecution has fully constructed its case. For Denton County residents, that means attorneys who know the local courts, know the prosecutors, and know how to challenge forensic evidence, interview techniques, and witness credibility at every stage of the process.

From the moment the firm is retained, the team works to investigate the facts independently, identify weaknesses in the prosecution’s evidence, and explore every avenue — including grand jury presentations, pretrial motions, and negotiated resolutions — before a trial becomes necessary. When trials are necessary, the firm’s attorneys have tried over 100 cases each before Texas juries and are prepared to fight for an acquittal.

The firm serves Denton County clients through its Fort Worth office. To speak with an attorney about your case, call (817) 203-2220 — available 24 hours a day, seven days a week.

Varghese Summersett handles all aspects of the defense, from the initial investigation through trial and appeal. You can also learn more about the firm’s criminal defense work through the Denton County criminal defense attorney page.

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Aggravated Sexual Assault vs. Sexual Assault in Texas: What’s the Difference?

Board Certified Criminal Attorney Benson Varghese explains how Texas law distinguishes between sexual assault and aggravated sexual assault — and what that difference means for the punishment range and defense strategy.

Watch: What is the difference between sexual assault and aggravated sexual assault in Texas?

Frequently Asked Questions

What is the difference between sexual assault of a child and aggravated sexual assault of a child in Texas?

Sexual assault of a child under Texas Penal Code § 22.011(a)(2) covers penetrative and contact sexual acts with a child under 17. Aggravated sexual assault of a child under § 22.021 applies when the victim is under 14 years of age, or when aggravating circumstances — such as a deadly weapon, serious bodily injury, or threats of death — accompany the conduct against a child under 17. ASAC carries significantly higher penalties, including mandatory minimum sentences of 25 years to life in cases involving victims under 6 years old.

Can someone charged with aggravated sexual assault of a child get probation or deferred adjudication in Texas?

No. Texas law prohibits courts from placing a person on deferred adjudication or community supervision (probation) for aggravated sexual assault of a child. A conviction results in a prison sentence. This makes the stakes at trial — and at the grand jury stage — extremely high, which is why experienced legal representation from the very beginning is so important.

What happens if the allegation was made by a child who was coached or influenced by an adult?

False allegations in child sex cases do occur, particularly in high-conflict family situations. A skilled defense attorney investigates the circumstances surrounding the allegation — who the child spoke to before making the report, whether the child was interviewed multiple times using leading questions, and whether adults with a motive to fabricate had contact with the child. Forensic interview recordings and the specific methods used by investigators are subject to scrutiny and challenge.

Do I have to register as a sex offender if convicted?

Yes. Aggravated sexual assault of a child is a reportable offense under the Texas Sex Offender Registration Program. A conviction requires lifetime registration. This means annual (or more frequent) reporting requirements, restrictions on where you may live and work, and public listing on the state sex offender registry. Registration cannot be removed or sealed once imposed for this offense.

Should I talk to police if I’m under investigation but haven’t been charged yet?

No — and this is one of the most important decisions you will make in your case. Anything said to investigators, even in an attempt to clear your name, can be used against you. Police are trained to conduct interviews in ways that elicit incriminating statements, even from innocent people. The right move is to politely decline and immediately contact a criminal defense attorney. Varghese Summersett is available 24/7 at (817) 203-2220.

Facing Aggravated Sexual Assault Charges in Denton County? Every Hour Matters.

Aggravated sexual assault of a child is one of the most aggressively prosecuted offenses in Texas. The investigation begins immediately, and the decisions made in the first days after an accusation can shape everything that follows. Varghese Summersett’s sex crimes defense team — including attorneys who spent decades prosecuting these exact cases — is available around to start building your defense. Call (817) 203-2220 to speak with an attorney now.