Intuitive Counsel.
Intelligent Criminal Defense.Incredible Results.

Aggravated Sexual Assault

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 aggravating factors are proven.

Aggravated sexual assault charges are more serious than sexual assault charges. The difference between the two offenses can be staggering because it means the crime goes from two to twenty years in prison for sexual assault to five to ninety-nine years or life in prison for aggravated sexual assault.

The defense provided by § 22.011(d) applies to sexual assault and aggravated sexual assault. Section 22.011(d) provides that it is a defense to the prosecution if the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.

Attorney for Aggravated Sexual Assault in San Antonio, TX

If you were charged with aggravated sexual assault in San Antonio or Bexar County, Texas, then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC. Don Flanary is experienced in representing clients charged with a variety of sexually motivated crimes including sexual assault, indecent exposure, public lewdness, and aggravated kidnapping.

Don Flanary represents clients arrested in San Antonio, TX, or the surrounding communities in Bexar County including New Braunfels, Seguin, Schertz, Timberwood Park, Boerne, Live Oak, Canyon Lake, Converse, Leon Valley, Cibolo, Universal City, Alamo Heights, Fair Oaks Ranch, Floresville, Hondo, Kirby, Lackland AFB, Lakehills, Pleasanton, Terrell Hills, Helotes, Selma, and Windcrest.

He also represents clients throughout the San Antonio area and the counties adjacent to Bexar County such as Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County.


Elements of Texas Penal Code Section 22.021

The elements of aggravated sexual assault under Texas Penal Code Section 22.021(A)(1)(A) include intentionally and knowingly:

  • causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
  •  causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
  • causes 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:
  • causes the penetration of the anus or sexual organ of a child by any means;
  • causes the penetration of the mouth of a child by the sexual organ of the actor;
  • causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
  • causes the anus of a child to contact with the mouth, anus, or sexual organ of another person, including the actor; or
  • causes 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 also requires proof beyond all reasonable doubt that the defendant:

    • causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
    • by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
    • by acts or words occurring in the presence of the victim threatens to cause the death, serious bodily injury, or kidnapping of any person;
    • uses or exhibits a deadly weapon in the course of the same criminal episode;
    • acts in concert with another who engages in conduct described by Subdivision (1) directed towards the same victim and occurring during the course of the same criminal episode; or
    • administers or provides flunitrazepam, otherwise known as Rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense 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 individual or a disabled individual.


Definitions Under the Texas Aggravated Sexual Assault Statute

For purposes of the Texas statute for aggravated sexual assault, the term child is assigned the meaning in § 22.011(c). The term “elderly individual” and “disabled individual” have the meanings assigned by § 22.011(b).

An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in § 22.011(b) as explained above.


Finding a Lawyer for Aggravated Sexual Assault in Bexar County, TX

One of the most serious crimes under Texas law is aggravated sexual assault. A serious criminal accusation needs an experienced criminal defense attorney at every stage of the case.

Call Don Flanary 210-880-3931, an experienced criminal defense lawyer for sexual offenses prosecuted in the greater San Antonio area and throughout Bexar County and the surrounding counties.

Request A Free Consultation

Client Testimonials

Was really in a difficult situation Mr. Flannery and Amanda Hernandez came to the rescue, all my cases have been dropped/dismissed and I couldn’t be happier if you find yourself needing a lawyer I would definitely come back to them again.
Mario B.

Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. That’s what Don Flanary and his law firm associates are and more. I found the Flanary Law Firm while searching for legal help for my son. At the time my family was distraught …
Valerie S.

Without going into too much detail about what I was being accused of, my case was a life changing one. I was being accused of one of the worst things human being can be accused of. I did a ton of research on top attorneys in San Antonio and wha…
Mark G.

My fiancé and I had never needed a lawyer before and we knew we needed someone with experience and who was familiar with our local courts. We interviewed with your typical overly-advertised law firms, but we didn’t feel like we were being take…
H.G.

I highly recommend Donald H. Flanary to anyone who needs help with a legal matter. Mr. Flanary and his team worked hard on my behalf and achieved the best possible result in my case. His knowledge and ability within the courtroom are excellent,…
Fernando R.

If you are looking for an attorney, then look no further! Don and Amanda will fight for you and guide you through the process. Great office staff and assistants.
River City Shooters

Contact Flanary Law Firm, PLLC

Submit your information to request your free, confidential case evaluation. Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in San Antonio, Texas.

*By submitting the form, you are requesting a free and confidential consultation with one of our attorneys to discuss the specific facts of your case. We will evaluate your unique situation and provide you with valuable information about how an attorney may be able to help you. Please do not provide any confidential or time-sensitive information using this online contact form. If your situation is urgent, please call us at 210-880-3931. We look forward to hearing from you.

FREE Consultation

Call:   210-880-3931