If you have been charged with sexual assault, it is essential to understand the laws and penalties that may be imposed. A criminal defense attorney can help you navigate the criminal justice system and protect your rights. 

What Is Sexual Assault? 

Texas defines sexual assault as "intentionally or knowingly causing the penetration of the anus or sexual organ of another person by any means, without that person's consent." Sexual assault also includes causing the penetration of another person's mouth by any means without that person's consent. Sexual assault is considered a second-degree felony in Texas. If convicted of sexual assault, you could face up to 20 years in prison and a fine of up to $10,000.

Sexual Assault Vs. Rape

Sexual assault and rape are often used interchangeably, but they are two different crimes. Rape is a type of sexual assault, but it is generally used to describe situations in which the victim is forced to have sex against their will. Sexual assault can occur even if the victim does not resist or say no.

Penalties For Sexual Assault 

The penalties for sexual assault depend on the crime's circumstances, the victim's age, and the offender's criminal history. If convicted of sexual assault, you could face up to 20 years in prison and a fine of up to $10,000. If the victim’s age is under 17, you could face up to 30 years in prison and a fine of up to $10,000. If the victim’s age is under 14, you could face life in prison and a fine of up to $10,000.

What To Do When Charged With Sexual Assault?

If you have been charged with or believe you will be accused of sexual assault, contacting a criminal defense attorney as soon as possible is essential. An experienced attorney can help you understand the charges against you and the potential penalties. An attorney can help you navigate the criminal justice system, put up a strong defense, and protect your rights. 

Your Sexual Assault Defense Attorney

Here are the steps that a criminal defense attorney will take to defend you against a sexual assault charge: 

Review the Facts of Your Case. Your defense attorney will review the facts of your case to determine what kind of defense can be used. Your defense attorney will also ask your side of the story to get a complete picture of what happened. You must be honest with what you disclose to your attorney so that they can provide the best possible defense. Even if you believe you are guilty of the charge, your attorney's primary goal is to seek the most favorable outcome for your case. 

Conduct an Independent Investigation. Once your attorney has reviewed the facts of your case, they will likely conduct their investigation. This may include talking to witnesses, reviewing medical records, and collecting other evidence that may be helpful to your defense. 

File motions to suppress evidence or dismiss the charges. Suppose your attorney believes that the prosecution's case is weak or that there is some constitutional issue with how the evidence was obtained. In that case, they may file a motion to suppress the evidence or have the charges dismissed. 

Negotiate with the prosecutor. In many cases, the best outcome for a sexual assault charge is to reach a plea agreement with the prosecutor. Your attorney will work to reduce the charges or have them dropped entirely in exchange for a guilty plea. 

Prepare for trial. Your case will go to trial if a plea agreement cannot be reached. Your attorney will work to discredit the prosecution's case and create reasonable doubt in the jury's minds. 

The Medlin Law Firm

No matter what stage of the criminal justice process you are in, an experienced criminal defense attorney is crucial in getting a favorable outcome. The legal team at The Medlin Law Firm has more than 75 years of combined experience handling sexual assault cases and can provide you with the aggressive defense you need. Contact The Medlin Law Firm today for a free evaluation. Also visit our webpage.

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The Medlin Law Firm 
1300 S University Dr #318
Fort Worth, TX 76107
(682) 204-4066