Aggravated Sexual Assault Lawyer in Fort Bend County

Aggravated sexual assault is a first-degree felony in Texas that carries a mandatory minimum of five years in prison — and up to 99 years or life. If you or a loved one is facing this charge in Fort Bend County, the most important step you can take right now is speaking with an experienced criminal defense attorney before you say anything to law enforcement.

Why Your Choice of Attorney Matters in Fort Bend County

Varghese Summersett is one of Texas’s most respected criminal defense firms, with more than 100 years of combined legal experience, five board-certified attorneys, and a team of experienced legal professionals across offices in Fort Worth, Dallas, Southlake, and Houston — serving clients throughout Fort Bend County.

Our attorneys have achieved over 1,600 dismissals and more than 800 charge reductions for clients across Texas. Our team includes former prosecutors who have spent careers inside the system — giving us insight that most defense attorneys simply don’t have.

For clients facing charges in Fort Bend County, Mike Hanson leads our Houston-area team. Mike is board certified in Juvenile Law, served as an Assistant District Attorney in both Tarrant County and Fort Bend County, and has tried more than 60 cases before a jury. His direct experience prosecuting cases in Fort Bend County courts — and his ongoing service as a Judge Advocate in the U.S. Army Reserve — gives him a perspective that is genuinely rare in criminal defense.

The firm has been featured across major national and local media outlets, and has been named among the fastest-growing law firms in America by Inc. 5000 magazine multiple times.

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Common Questions People Have When Facing This Charge

People charged with Fort Bend aggravated sexual assault often come to us with urgent questions: Will I go to prison? What is the difference between sexual assault and aggravated sexual assault? Am I required to register as a sex offender? Can a false accusation actually lead to a conviction?

These are the right questions to be asking. Aggravated sexual assault is one of the most serious charges in the Texas Penal Code. The consequences extend far beyond a prison sentence — they include mandatory sex offender registration, loss of employment, destruction of personal relationships, and a lifetime record that cannot be expunged. Understanding exactly what the law requires the State to prove is the foundation of any real defense.

You can also learn more about the broader aggravated sexual assault charge under Texas law, or explore related offenses such as sexual assault and aggravated sexual assault of a child.

What Is Aggravated Sexual Assault Under Texas Law?

Under Texas Penal Code § 22.021, aggravated sexual assault occurs when a person intentionally or knowingly commits sexual assault and one or more aggravating circumstances are present. The aggravating factors are what elevate a sexual assault charge to the more serious aggravated level.

What the Prosecution Must Prove

To convict someone of aggravated sexual assault, the State must prove every element of the offense beyond a reasonable doubt — the highest standard in the law. The defendant has no obligation to prove anything. The burden rests entirely with the prosecution.

Specifically, the prosecution must prove that the defendant:

• Intentionally or knowingly caused the penetration of the anus or sexual organ of another person without that person’s consent, by any means;
• Or caused the penetration of the mouth of another person by the sexual organ of the defendant without that person’s consent; or
• Caused the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

And that the conduct was made aggravated by one or more of the following circumstances:

• The defendant caused serious bodily injury or attempted to kill the victim;
• The defendant placed the victim in fear of death, serious bodily injury, or kidnapping;
• The defendant used or exhibited a deadly weapon;
• The defendant acted in concert with another person who was present;
• The defendant administered or provided a substance to impair the victim;
• The victim was younger than 14 years of age;
• The victim was an elderly person (65 or older) or a disabled individual;
• The victim was a person the defendant was prohibited by law from marrying.

The standard is beyond a reasonable doubt — the State must leave the jury firmly convinced of guilt. Any reasonable doubt requires an acquittal.

Penalties for Fort Bend Aggravated Sexual Assault in Texas

Aggravated sexual assault is a first-degree felony. The punishment range under Texas law is:

• 5 to 99 years or life in prison
• Fine of up to $10,000
• Mandatory sex offender registration for life in most cases
• No eligibility for probation in many aggravated sexual assault scenarios

When the victim is a child under 14, or when certain other circumstances exist (such as use of a deadly weapon or causing serious bodily injury), the mandatory minimum punishment increases to 25 years under Texas Penal Code § 22.021(f), with no possibility of parole before the sentence is served. This is often called “super” aggravated sexual assault of a child. If you are facing charges involving a minor, you can also review super aggravated sexual assault of a child for more information about that specific charge.

Beyond prison time, a conviction triggers mandatory lifetime registration as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. That registration is public, affects where you can live and work, and follows you for the rest of your life.

Bond Amounts for Aggravated Sexual Assault in Fort Bend County

Based on an analysis Varghese Summersett completed of over 10,241 bonds set in Fort Bend County, here is what bond amounts typically look like for aggravated sexual assault charges:

Typical Bond Amounts for Aggravated Sexual Assault in Fort Bend County

Charge	Cases Analyzed	Average Bond	Most Common Bond
Aggravated Sexual Assault (§ 22.021)	2	$100,000	$50,000
Aggravated Sexual Assault of a Child (§ 22.021(a)(2)(B))	13	$140,769	$150,000

These figures reflect bonds set in Fort Bend County during 2025. Bond amounts in aggravated sexual assault cases are among the highest of any offense category, and judges have wide discretion. Factors that can affect bond include the defendant’s criminal history, ties to the community, the alleged victim’s age, and the specific facts alleged in the charge. Retaining an attorney early gives you the best opportunity to argue for a lower bond at the initial hearing.

Common Defenses in Fort Bend Aggravated Sexual Assault Cases

Every charge has weaknesses. The defense in an aggravated sexual assault case is built by identifying exactly which elements the State cannot prove beyond a reasonable doubt — and then attacking those elements with precision and preparation.

Consent

For aggravated sexual assault charges not involving a child victim, the element of non-consent is often central to the case. The defense may challenge whether the alleged victim’s account is consistent with the evidence, whether physical evidence supports the claim, and whether the relationship between the parties undermines the prosecution’s theory.

False Accusation and Motive to Fabricate

False accusations happen. Allegations sometimes arise in the context of contentious divorces, custody disputes, personal conflicts, or mental health issues. An experienced defense attorney investigates the accuser’s background, prior statements, and any motive to fabricate or exaggerate. You can learn more about defending against a rape accusation and what defense strategies look like in practice.

Challenging the Aggravating Factor

Even if the underlying conduct is not disputed, the prosecution must also prove the specific aggravating circumstance that elevated the charge. If the evidence does not establish that a deadly weapon was used, that serious bodily injury occurred, or that the victim was in a protected class, the charge may be reduced to a lower level.

Attacking Forensic and Scientific Evidence

Sexual assault cases often rely on forensic evidence — DNA, SANE examination findings, toxicology. Defense attorneys can challenge the integrity of sample collection, chain of custody, lab procedures, and the qualifications of the experts presenting that evidence.

Fourth Amendment Suppression

If law enforcement obtained evidence through an unlawful search or seizure, or obtained statements from a defendant without proper Miranda warnings, that evidence may be suppressible — meaning the jury never sees it.

Challenging Witness Credibility and Memory

Memory is fallible, particularly in traumatic situations. Eyewitness accounts, victim statements made at different times, and inconsistencies between what witnesses told police and what they say at trial are all areas a skilled defense attorney examines closely.

The Legal Process in a Fort Bend County Aggravated Sexual Assault Case

Understanding the process helps clients make better decisions. Here is what typically happens in a Fort Bend County aggravated sexual assault case from arrest through resolution.

Arrest and Initial Appearance

After arrest, you will be taken to the Fort Bend County Jail in Richmond. An initial bond will be set. Your first opportunity to reduce that bond comes at a hearing before a judge. Having an attorney at that stage — or even before arrest — can make a significant difference.

Grand Jury

In Texas, felony charges must be presented to a grand jury before an indictment can be issued. The grand jury reviews the State’s evidence and decides whether probable cause exists to indict. A proactive defense — one that prepares materials for the grand jury to consider — can sometimes result in a no-bill, meaning the grand jury declines to indict and charges are not filed.

Discovery and Investigation

Discovery is the process by which your attorney obtains the State’s evidence — police reports, witness statements, forensic reports, and any video or audio recordings. This phase is critical. The defense’s own investigation begins here, including interviewing witnesses, retaining experts, and identifying weaknesses in the prosecution’s case.

Pretrial Motions

Your attorney may file motions to suppress evidence, challenge the admissibility of expert testimony, or seek dismissal of the charge based on legal deficiencies. Pretrial motions can sometimes change the entire trajectory of a case.

Trial or Resolution

Most cases are resolved through negotiation before trial. But when negotiation fails to produce an acceptable outcome, Varghese Summersett’s attorneys are trial-ready — with a track record of taking serious felony cases before juries and fighting to win.

Case Results in Aggravated and Sexual Assault Cases

Varghese Summersett has achieved favorable results in some of the most serious sexual assault cases in Texas. The firm has secured no-bills in aggravated sexual assault cases — meaning the grand jury declined to indict — and has obtained prosecutor rejections in sexual assault matters before charges were formally filed. Past results do not guarantee future outcomes, but they do reflect a team that knows how to fight these cases at every stage of the process.

What to Expect From Varghese Summersett

When you contact Varghese Summersett about an aggravated sexual assault charge in Fort Bend County, here is what you can expect.

A team that has been on both sides. Our attorneys spent years as prosecutors before coming to criminal defense. Mike Hanson was an Assistant District Attorney in Fort Bend County, and all of our senior attorneys were former prosecutors in Tarrant and Dallas Counties.

A proactive approach from day one. Aggravated sexual assault charges often begin with an investigation that precedes any arrest. If law enforcement has contacted you — or if you believe you are under investigation — acting immediately gives your attorney time to intervene before a grand jury presentation, before statements are taken, and before the State locks in its theory of the case.

Honest communication about your situation. We do not tell clients what they want to hear. We tell them what they need to know. That includes an honest assessment of the evidence, the likely range of outcomes, and the best path forward.

Full-team resources. Aggravated sexual assault cases require expert witnesses, independent forensic analysis, and significant investigative work. Varghese Summersett has the depth — more than 70 team members across four Texas offices — to bring full resources to bear on cases that demand it.

Reach our Fort Bend and Houston team any time at (281) 805-2220. Consultations are free and available around the clock.

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Video: Aggravated Sexual Assault vs. Sexual Assault in Texas

In this video, one of our attorneys explains the key differences between sexual assault and aggravated sexual assault under Texas law — and what those differences mean for the people charged with each offense.

Frequently Asked Questions: Aggravated Sexual Assault in Fort Bend County

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

Sexual assault under Texas Penal Code § 22.011 is a second-degree felony punishable by 2 to 20 years. Aggravated sexual assault under § 22.021 is a first-degree felony carrying 5 to 99 years or life. The difference is the presence of at least one aggravating factor: use of a deadly weapon, causing serious bodily injury, placing the victim in fear of death, acting in concert with another person, administering a substance to impair the victim, or committing the offense against a child under 14, an elderly person, or a disabled individual.

Is aggravated sexual assault of a child in Fort Bend County treated differently from adult cases?

Yes. When the victim is under 14, the mandatory minimum sentence jumps from 5 years to 25 years, and parole is not available until the full sentence is served. In cases involving certain additional circumstances — such as continuous abuse or the victim being under 6 — the charge may be elevated further. The Fort Bend County District Attorney’s Office treats these cases aggressively. Early intervention by an experienced defense attorney is critical.

Can an aggravated sexual assault charge be dismissed or reduced in Texas?

Yes — but it requires building a strong defense. Grand jury no-bills, prosecutor rejections before indictment, suppression of key evidence, and negotiated reductions to lesser charges have all happened in cases handled by Varghese Summersett. Whether any of those outcomes is realistic in your case depends on the specific facts, the evidence available, and how early your attorney gets involved.

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

A conviction for aggravated sexual assault triggers mandatory sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure. In most aggravated sexual assault cases — particularly those involving children — registration is for life. That registration is publicly accessible and affects where you can live and work.

What should I do if I am being investigated but have not been arrested yet?

Do not speak to detectives without an attorney present. Investigators are trained to gather statements that can be used against you. An attorney contacted early — before arrest, before indictment, before a grand jury presentation — can sometimes prevent charges from ever being filed, or at a minimum ensure that the defense is positioned as strongly as possible before the first court date. Call (281) 805-2220 for a free consultation available 24 hours a day.

Speak With a Fort Bend Aggravated Sexual Assault Defense Attorney Now

A Fort Bend aggravated sexual assault charge can define the rest of your life — or it can be fought. The outcome depends heavily on the quality of the defense, how early that defense begins, and the experience your attorney brings to Fort Bend County courts.

Varghese Summersett’s team serves Fort Bend County clients from our Houston office. Call (281) 805-2220  to speak with a member of our team. There is no charge for the initial consultation, and everything you share is protected by attorney-client privilege.