Aggravated Sexual Assault in Texas: Penalties & Defenses I'm Attorney Jack B. Carroll. Have you been arrested? Have you been charged with a crime? When it’s all on the line, you need elite defense on your side.

Aggravated Sexual Assault, commonly referred to as rape, is one of the most serious and frequent charges brought by Texas police. Under the Texas Penal Code, Aggravated Sexual Assault is a First-Degree Felony and can be enhanced to an even stricter punishment range if it involves a child.

Aggravated Sexual Assault occurs when the suspect seriously injures or attempts to murder the victim (or witness to the crime), or causes (or threatens) to seriously injure or kidnap the victim or any witness. It can also be charged if the suspect gives the victim any drug (Rohypnol, GHB, or Ketamine) which would render the victim defenseless. This offense can also be charged if the victim is elderly or disabled, under 14 years of age.

The Harris County District Attorney’s office typically (and aggressively) pursues Aggravated Sexual Assault charges if a weapon or violence was used in committing, or compelling the rape, or without such a weapon if the victim was elderly or disabled. If you’re convicted or even accused of sexual assault, you can expect a nasty ripple effect throughout all areas of your life.

If you or a loved one are facing criminal charges in connection with “allegations” of rape, your best option is to secure aggressive legal representation as soon as possible. Give our office a call at 713-228-4607 to speak with an attorney immediately.

Law in Simple Terms

• Aggravated Sexual Assault under the Texas Penal Code requires two elements to be met:
  1. The Defendant intentionally:
     • Causes penetration of a victim’s sexual organ without their consent;
     • Causes penetration of a victim’s mouth with the Defendant’s sexual organ without consent; or
     • Causes the sexual organ of someone to penetrate the sexual organ of another without their consent;

AND

2. The Defendant:
   • Causes serious bodily injury or attempts to kill the victim;
   • Causes the victim to believe they will be killed, kidnapped, or seriously injured; or
   • Uses a deadly weapon during the act;

Range of Punishment

• Aggravated Sexual Assault is a First-Degree Felony under the Texas Penal Code. This means the range of punishment is from 5 years to life in prison, and up to a $10,000 fine.
• The minimum term of imprisonment is increased to 25 years if the victim is under the age of 6 years old when the act was committed, or if the victim is under the age of 14 and is seriously injured or threatened with death or serious bodily injury.
• Sex Offender Registration

Sex offender registration can involve many conditions. They are dictated primarily by the court or presiding judge in which the suspect was convicted, or parole board at the time of the prisoner’s release. These conditions vary based on the individual offender. Many (but not all) of these restrictions govern:

• Where the registrant can live and work;
• Places they may and may not frequent (like types of restaurants, parks, and other entertainment venues);
• Counties and states they can visit (other than the one in which they are registered, and how long they can remain out of their registered county);
• And whom they may contact or associate with;

If convicted of a felony sex crime, restrictions are also placed on several of your civil rights and activities such as:

• Right to Vote
• Right to Hold Public Office
• Right to Bear Arms
  • This restriction lasts for five years after release from prison. And it can last longer if you do not go through the process of having your gun rights restored. But even then you can only possess firearms in your residence, and may not carry a gun beyond your residential property.
• Ability to Serve on a Jury
  • Convicted felons lose the right to serve on any jury for the rest of their lives.

There are additional restrictions placed on many occupations and professional licenses anyone convicted of a child-related sex offense may hold. This seriously limits their ability to earn a good living, and where they are allowed to live or frequent once they are released from prison.

Are you Facing Charges?

If you’re the subject of an investigation or are facing criminal charges for Aggravated Sexual Assault, Houston sex crimes lawyer Jack B. Carroll urges you to arrange a meeting as soon as possible and so we can review your case thoroughly.

Serious criminal cases and investigations are best left in the hands of professional criminal defense lawyers. Preferably, those who are well-versed in criminal law, executing legal strategies, assuring that any law enforcement investigations are fair, and more important than anything else, winning your case. With an experienced sex crimes lawyer, you’ll have a better chance to avoid the penalties and social stigma connected with any criminal charges involving children.

Jack B. Carroll is a seasoned criminal law attorney who is also Board Certified® in criminal law by the Texas Board of Legal Specialization, a distinction earned by a small percentage of Texas lawyers. If you’re ready to consult with a proven winner, call 713-228-4607 or message our legal team by clicking or pressing here.

Resources

• Texas Penal Code Chapter 21: Sexual Offenses
• Houston Chronicle: Texas Sex Abuse Exonerations
• HPD: Sex Crimes Division
• Reason: False Sex Crime Accusations Destroys Family, Legally
• Harris County DA: Victim Resources
• Office for Victims of Crimes