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Aggravated Sexual Assault

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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) 738-8383 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.

Definitions under the Texas Aggravated Sexual Assault Statute

Under the Texas statute for aggravated sexual assault, the term child is assigned the meaning in § 22.011(c) as a person younger than 17.

The terms “elderly individual” and “disabled individual” have the meanings assigned by § 22.011(b); they are generally mentally or physically incapacitated. An aggravated sexual assault under this section is without the consent of the other person if the act occurs under the same circumstances listed in § 22.011(b) as explained above.

Levels of Sexual Assault Charges in Texas

In Texas, sexual assault charges escalate in severity based on the presence of specific aggravating factors.

The offenses can generally be categorized into three primary levels.

Sexual Assault

This is the base level of an offense involving non-consensual sexual activity. It is typically charged as a second-degree felony, punishable by 2 to 20 years in prison and fines up to $10,000.

Aggravated Sexual Assault

This more serious offense includes any of the aforementioned aggravating factors. It is classified as a first-degree felony, with a 5 to 99-year sentence or life imprisonment and fines up to $10,000. The severity of penalties reflects the heightened gravity of the crime and the profound impact on the victim.

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.

Put an Aggressive Advocate on Your Defense

Facing charges of aggravated sexual assault is a dire situation that necessitates the representation of a skilled attorney. The complexity of such cases and the severe legal and personal repercussions make professional help indispensable.

A lawyer’s role is critical, from understanding the intricate legal statutes and procedural steps to crafting a solid defense. Our San Antonio aggravated sexual assault lawyers can offer strategic guidance, help collect and present evidence, question the credibility of the prosecution’s case, and negotiate plea bargains if appropriate.

Without our assistance, the risk of facing the maximum penalties, including life imprisonment, significantly increases. Additionally, we can provide emotional support and legal advice throughout the process, working to protect your rights and best interests.

Contact Flanary Law Firm, PLLC at (210) 738-8383 today to discuss your case with a San Antonio aggravated sexual assault attorney.

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Call (210) 738-8383 for fill out the form below and request a free consultation.

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I was looking for a criminal defense attorney on the internet and am so happy I found Attorney Flanary. He reviewed our case for unlawful weapon carry for my son. He said that the weapon that was holstered was not in plain view and there shouldn’t have been an arrest. At the arraignment the case was dismissed. My 19 year old son did not even have to stand before the judge for the arraignment. I was completely pleased with the outcome. Thank you Don Flanary for taking care of our son.

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