An allegation of aggravated sexual assault should be taken extremely seriously, even if you have never been arrested or accused of a crime before. These charges are severe and carry harsh penalties.
Understanding the nature of your charges is the first step toward fighting them. The best way to get the knowledge you need to defend yourself is by retaining a well-practiced criminal defense attorney. An experienced Grapevine aggravated sexual assault lawyer with our firm will work with you to build a comprehensive legal defense and pursue the best possible outcome for your case.
How is Aggravated Sexual Assault Defined Under State Law?
Aggravated sexual assault is a more severe version of sexual assault, which is defined as someone intentionally and knowingly engaging in nonconsensual sexual contact or intercourse with another person. See Texas Penal Code Section 22.011.
Under Texas Penal Code Section 22.021, aggravated sexual assault occurs when an act of sexual assault meets certain additional criteria. For example, a person acting violently during a sexual assault in any of the following ways may give rise to a charge of aggravated sexual assault:
- Brandishing or using a deadly weapon
- Causing or threatening to cause serious bodily harm, or putting someone else in reasonable fear of suffering bodily harm
- Intentionally and knowingly hindering someone’s ability to resist a sexual assault with the use of some intoxicating drug or substance
Furthermore, any act of sexual assault committed against a child under the age of 14, an elderly person, or a disabled person is considered aggravated sexual assault. Our Grapevine attorneys can answer any questions regarding what actions make a sexual assault aggravated.
Increased Penalties for Aggravated Sexual Assault Convictions
Aggravated sexual assault is classified as a felony in the first degree, punishable by a minimum prison term of five years in prison up to a maximum of 99 years, in addition to a maximum fine of $10,000.
However, certain circumstances can enhance the penalties associated with this charge. If someone is convicted of sexually assaulting a child under the age of six, or if someone commits a violent sexual assault—as defined above—against a child under 14, the minimum prison sentence is 25 years.
It is worth noting that there are certain statutory defenses to allegations of sexual assault and aggravated sexual assault that may apply in some cases. Our aggravated sexual assault attorneys can explain these defenses and, if applicable, work these into a defense strategy.
Speak with a Grapevine Aggravated Sexual Assault Attorney Today
Whether you are charged with sexual assault or aggravated sexual assault, the allegations against you are felony offenses that could derail the rest of your life. Representation from a Grapevine aggravated sexual assault lawyer with Varghese Summersett could make all the difference to your future. To find out more about how qualified legal counsel can help you, call our office today to set up a free consultation with our team.