Sexual Assault & Aggravated Sexual Assault in Dallas, TX
Police, prosecutors, and courts take sexual assault allegations very seriously. Often commonly referred to as rape or statutory rape, sexual assault and aggravated sexual assault charges can result in serious consequences. First, prosecutors often push for lengthy prison sentences and large fines. Moreover, you could face with sex offender registration and a lasting criminal record. These allegations can have an incredibly negative impact on you, your family, and your future. An experienced Dallas sexual assault lawyer can help you avoid or lessen these very serious consequences.
Sexual assault is, of course, a very serious problem. It has become incredibly clear, however, that false allegations are an equally serious problem. In this day and age of the #MeToo and #TimesUp, we are seeing more sexual assault allegations than ever. It is absolutely vital to secure the best possible defense. This is true whether the allegation against you is false, a misunderstanding, or an unfortunate mistake. Don’t put your life, family, and future in just anyone’s hands. When it seems like the world is against you, you need the best possible Dallas sexual assault attorney in your corner.
Sexual Assault Charges
A person commits sexual assault (Texas Penal Code § 22.011) if they intentionally or knowingly
- cause the penetration of the anus or sexual organ of another person without their consent. This can be by any means.
- cause the penetration of the mouth of another person by the sexual organ of the actor, without the person’s consent. OR
- cause the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person.
Defining Consent in Texas
Lack of consent can be proven in a number of ways. The most common are:
- the actor compels the other person to submit or participate by use of force, violence, or coercion.
- the actor compels the other person to submit or participate by threatening to use force. This also includes threats to cause harm. This requires that the other person believes the actor has the ability to execute the threat.
- the person has not consented and the actor knows the other person is unconscious or physically unable to resist.
- the actor has give the person a “date rape drug” to impair their ability to consent.
Sex assault offenses in Texas require penetration. People often mistakenly call unwanted touching sex assault. Under Texas law, however, unwanted touching falls under the offense of indecent assault. For more information about indecent assault, see our indecent assault page. For more information about sex crimes generally, see our sex crimes page.
Sexual Assault Penalties & Consequences
A sexual assault offense is generally a second-degree felony. As a result, you could face 2 – 20 years in prison and up to a $10,000 fine. Of course, the serious consequences don’t stop there. A conviction or deferred adjudication for sexual assault will require sex offender registration for life. A sexual assault conviction will make you a convicted felony. As a result, you could become ineligible to vote as well as own or possess a firearm. Most importantly, a record for sexual assault will negatively impact your family, future employment, and personal reputation.
Sexual assault of a child can be either a second-degree or a first-degree felony, depending on several factors. Aggravated sexual assault is generally a first-degree felony. For more information about sexual assault of a child, see our sexual assault of a child page.
Dallas Aggravated Sexual Assault Charges
When sexual assault allegations are particularly serious, it may warrant escalating the charge to a more serious offense. Aggravated sexual assault charges (Texas Penal Code § 22.021) build on the offense of sexual assault. A person commits sexual assault (Texas Penal Code § 22.011) if they intentionally or knowingly:
- cause the penetration of the anus or sexual organ of another person without the person’s consent. This can be done by any means.
- cause the penetration of the mouth of another person by the sexual organ of the actor without the person’s consent. OR
- cause the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person.
The offense of aggravated sexual assault, however, requires one of the following additional factors. The person must also:
- cause serious bodily injury or attempt to cause the death of the alleged victim or another person in the course of the same episode.
- place the alleged victim in fear of sex trafficking.
- place the alleged victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person.
- use or exhibit a deadly weapon in the course of the episode.
- use a “date rape drug” or similar substance to facilitate the commission of the offense
- if the alleged victim is younger than 14 years of age. Under Texas law, it does not matter whether the accused knows the age of the alleged victim at the time). OR
- the alleged victim is elderly (65 years of age or older) or disabled.
Aggravated Sexual Assault Penalties
An aggravated sexual assault offense is a first-degree felony. As a result, you can face 5 – 99 years or life in prison and up to a $10,000 fine. The prosecutor can, however, try to increase the minimum prison sentence based on the age of the alleged victim. Of course, the serious consequences don’t stop there. A conviction or deferred adjudication for aggravated sexual assault will require sex offender registration for life. A conviction will make you a convicted felon. As a result, you can lose your eligibility to vote as well as to own or possess a firearm.
Dallas Sexual Assault Lawyer
If you or someone you love has been accused of sexual assault or aggravated sexual assault in Dallas, contact the Law Office of Mike Howard. Most importantly, Dallas defense lawyer Mike Howard has the experience, trial skills, and dedication that you need when you are fighting for your life. We will do everything we can to fight for you. Moreover, Mr. Howard will give you an honest assessment of your case and explain the law and your legal options.
A Different Kind of Lawyer
We approach our clients differently than a lot of lawyers. Above all, our philosophy is that being a great lawyer is more than getting you a great result. First, our office is centered around you. This means we start by truly listening to you to understand your case and your goals. Further, our team works to provide you a client experience that is as easy and stress-free as possible. Answering your questions and keeping you informed is very important to us. Most importantly, we treat you as a person, not a number. Finally, our goal is to achieve the best possible result for you. If you’re looking for a different kind of lawyer you’ve come to the right place.
Our Case Process
Listen & Understand
We focus on clients as real people. First, we list to understand who you are and what you need. Then we make sure we fully understand the facts of the case.
Open Communication
We explain the law, your rights, and the legal process. Because communication is very important to us, we strive to quickly answer questions and return communication.
Fight for Justice
Simply put: we fight hard for you. In the courtroom, in negotiations, and before a case even is officially opened, we fight for justice for you.
Sexual Assault Resources & Information
See our criminal defense resource center for more information on fundamental rights in a criminal case, definitions of culpable mental states (intentionally, knowingly, etc), defenses to prosecution, and more.
Defending Sexual Assault Charges
First and foremost, the prosecutor must prove their sexual assault allegations beyond a reasonable doubt. If the prosecutor cannot rule out each and every possible reasonable doubt, the presumption of innocence prevails. As a result, the court must find you not guilty. This means you don’t have to prove that you didn’t do it. You don’t have to prove anything!
The only way the prosecution wins is if the jury believes their story is the only reasonable way it could’ve happened. If they have any reasonable doubts that it actually happened, they must find you not guilty. If they reasonably think it could’ve happened another way, they must find you not guilty. This is the highest burden of proof in our justice system. When implemented by a skilled Dallas aggravated sexual assault attorney, it can be a powerful weapon.
Choosing the Right Sexual Assault Lawyer
Searching for defense lawyers in Dallas with experience in sexual assault and aggravated sexual assault cases can be overwhelming. After all, you are choosing someone who will hold your life, your future, and your family’s future in their hands. You have to be comfortable with them and feel that you can trust the information and advice they give you. Attorneys are supposed to always work in their clients’ best interest. That shouldn’t just be meaningless talk.
First, talk to several lawyers to get a feel for them and their staff. Do they take the time necessary to get to know you, to listen to what’s important to you, and answer your questions? Do they show you that you matter to them as a person and not just as a fee? Beware of lawyers who put the hard sell on you, who make big promises. No attorney should ever make a guarantee about a case. Absolutely avoid a lawyer who doesn’t communicate the scope of the work and their fee clearly in a written contract.
What Makes Mike Howard Different
Many lawyers take advantage of their clients’ ignorance of the criminal justice process. We take the opposite approach. A knowledgeable client is a happy client. Therefore, we provide a wealth of information in the way of articles about criminal offenses, blog posts, and videos for free on our website.
Visit Our YouTube Channel for informational videos and client testimonials.
Visit Our blog for posts on cases, defenses, and criminal law information.
Dallas Sexual Assault Attorney Mike Howard
Above all, I strive to help my clients through difficult times with compassion and integrity. In Dallas innocent people can get accused, charged, and convicted when they don’t have an attorney fighting for them. I believe in standing up for people facing criminal accusations and helping them navigate all that comes with being thrown into the criminal justice system.
Client-Centered
The cornerstone of my law practice is focusing on my clients as individuals. I start by taking the time to understand not just the facts of their case, but who they are and what they need. Because I know the criminal justice system can be intimidating, I explain the process, their rights, and their options. Client communication is extremely important to me, so I make sure my team and I do everything possible to quickly answer questions and return messages.
Willing to Fight
Most importantly, I am willing to fight a case in court. I have a track record of delivering fantastic results at trial. While not every client and case needs to go to trial, it can make a difference. When your Dallas sexual assault attorney has a reputation as a skilled trial lawyer who fights for their clients, however, it can make all the difference in the world.
A Proven Track Record
Aggravated Sexual Assault
Our client was accused by the daughter of an ex-girlfriend of repeatedly abusing her. We were able to show the jury that all sorts of motive existed to make this story up and that no proof existed. The jury found M.J. not guilty.
Sexual Assault
Our client was accused by his ex-wife of raping her. He denied it and maintained it was consensual. We fought for F.S. in court and the jury found him Not Guilty.
Sexual Assault
Our client was a teenage boy who had consensual sex with a girl at a party. When her parents found out she claimed rape. We were able to fully investigate and convince the detective to reject the case.
Sexual Assault
Our client was a college student who was wrongly accused of holding a girl against her will and repeatedly raping her. We fully investigated and were able to completely blow her false story out of the water. The grand jury dismissed all charges.
Aggravated Sexual Assault
Our client was a young man who’d made the mistake of having consensual sex with a woman he believed to be of age. He was wrong. We got his case reduced and avoided a conviction via deferred probation.
Start with a Case Evaluation
Together, we can get your life back.
When you’re ready to take the next steps, attorney Mike Howard is here to discuss your situation and design a plan to deal with Dallas sexual assault allegations. Trust our experience, empathy, and ability to help put charges behind you.
Get Your 30 Minute Case Evaluation
(214) 380-3456
Located in the Element Towers West Building at 3010 LBJ Freeway, Dallas, Texas, attorney Mike Howard handles criminal cases across Dallas, Collin, Denton, and Tarrant Counties at the state level and in the Northern and Eastern Districts at the federal level.
