San Antonio Aggravated Sexual Assault Lawyers
The crime of sexual assault in Texas involves allegations of specific sexual acts against another person without their consent. A crime of sexual assault can become classified as aggravated sexual assault when certain factors are proven.
Aggravated sexual assault is classified as one of the most severe crimes in Texas due to the trauma it can cause to alleged victims. Factors such as the use of deadly weapons, serious bodily injury, or attacks on vulnerable individuals, such as children, the elderly, and disabled individuals, heighten the gravity of such an offense.
Texas law recognizes the amplified severity of these offenses by imposing stringent penalties upon a conviction to protect citizens and maintain public safety. The difference between the two offenses can be staggering; the crime can involve two to 20 years in prison for sexual assault to five to 99 years or life in prison for aggravated sexual assault.
If you are being investigated for or have been arrested or charged with aggravated sexual assault, you need competent criminal defense representation. At Flanary Law Firm, PLLC, we represent Texans facing all sexually related offenses, from sexual assault to indecent exposure, public lewdness, aggravated kidnapping, and more.
We serve clients in the greater San Antonio areas, throughout Bexar County, and adjacent counties, such as Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County.
Request a free case assessment with a San Antonio aggravated sexual assault attorney by phone at (210) 899-7566 or submit our online contact form to get started.
What Is Considered Aggravated Sexual Assault?
Aggravated sexual assault is defined under Texas Penal Code Section 22.021.
The elements of this offense include intentionally and knowingly:
- causing the penetration of the anus or sexual organ of another person by any means without that person’s consent;
- causing the penetration of the mouth of another person by the sexual organ of the actor without that person’s consent or
- causing 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.
The elements of aggravated sexual assault under Texas Penal Code Section 22.021(A)(1)(B) include intentionally and knowingly:
- causing the penetration of the anus or sexual organ of a child by any means;
- causing the penetration of the mouth of a child by the sexual organ of the actor;
- causing the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
- causing the anus of a child to come into contact with the mouth, anus, or sexual organ of another person, including the actor; or
- causing the mouth of a child to contact the anus or sexual organs of another person, including the actor.
Additionally, a conviction for aggravated sexual assault requires proof beyond a reasonable doubt that the defendant:
- caused serious bodily injury or attempted to cause the death of the victim or another person in the course of the same criminal episode;
- by acts or words placed the victim in fear that death, serious bodily injury, or kidnapping would be imminently inflicted on any person;
- by acts or words occurring in the presence of the victim threatened to cause the death, serious bodily injury, or kidnapping of any person;
- used or exhibited a deadly weapon in the course of the same criminal episode;
- acted in concert with another who engaged in conduct described by Subdivision (1) directed towards the same victim and occurring during the same criminal episode or
- administered or provided flunitrazepam, otherwise known as Rohypnol, gamma hydroxybutyrate, or ketamine to the victim with the intent of facilitating the commission of the offense.
Alternatively, aggravated sexual abuse requires proof beyond all reasonable doubt that the victim is younger than 14 years of age or the victim is an elderly or disabled individual.
Why Choose Flanary Law Firm, PLLC?
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Constant CommunicationAt our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
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A History of ResultsWith multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
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Experience You Can Count OnAt our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
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Advice on Your TimelineWe understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
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Free Initial ConsultationsWe understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
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Personalized Legal Defense StrategiesAll criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.
Continuous Sexual Abuse of a Young Child or Children
This charge applies when an individual commits two or more acts of sexual abuse over 30 days or more, with the victim being under the age of 14. This first-degree felony could result in a mandatory minimum sentence of 25 years to life without the possibility of parole.
Understanding the distinctions and potential defenses for each level of sexual assault is crucial. Given the severe repercussions associated with these charges, it is imperative to consult with a knowledgeable attorney who can provide a rigorous defense and navigate the intricate Texas legal system.
