The crime of sexual assault is more commonly referred to as rape. A person can face enhanced penalties when accused of aggravated sexual assault, which is a rape crime that causes serious injury, involves a specific type of victim or has other enumerated factors.
The penalties for aggravated sexual assault convictions can be quite severe. In some cases, alleged offenders can receive life sentences in prison.
Aggravated Sexual Assault Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
If you or your loved one was arrested or believe that you could be under investigation for an alleged aggravated sexual assault or sex offense in the greater Plano area, make sure to exercise your right to remain silent when dealing with authorities. Let a criminal defense attorney speak to the police for you.
The Law Offices of Richard C. McConathy can fight to protect your rights. Call (469) 304-3422 or contact us online to set up a free consultation.
Aggravated Sexual Assault Charges in Collin County
Under Texas Penal Code § 22.021(a)(1)(A), a person commits aggravated sexual assault when they intentionally or knowingly:
- 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, including the alleged offender;
- cause the penetration of the anus or sexual organ of another person by any means, without that person’s consent; or
- cause the penetration of the mouth of another person by the sexual organ of the alleged offender, without that person’s consent.
Texas Penal Code § 22.021(a)(1)(B) further provides that a person commits aggravated sexual assault if they, regardless of whether they know the age of the child at the time of the alleged offense, intentionally or knowingly:
- cause the mouth of a child to contact the anus or sexual organ of another person, including the alleged offender;
- cause the penetration of the anus or sexual organ of a child by any means;
- cause the anus of a child to contact the mouth, anus, or sexual organ of another person, including the alleged offender;
- cause the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the alleged offender; or
- cause the penetration of the mouth of a child by the sexual organ of the alleged offender; and
Texas Penal Code § 22.021(a)(2) provides that aggravated sexual assault also involves:
- an alleged victim who is an elderly individual or a disabled individual;
- causing serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
- an alleged victim who is younger than 14 years of age;
- by acts or words places the victim in fear that any person will become the victim of an offense under Texas Penal Code § 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
- The alleged offender administers or provides flunitrazepam, otherwise known as rohypnol (roofies), gammahydroxybutyrate (GHB), or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;
- by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Texas Penal Code § 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person;
- with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim’s ability to appraise the nature of the act or to resist the act;
- acts in concert with another who engages in conduct described by Texas Penal Code § 22.021(a)(1) directed toward the same victim and occurring during the course of the same criminal episode; or
- uses or exhibits a deadly weapon in the course of the same criminal episode.
Texas Penal Code § 22.04(c) defines an elderly individual as a person 65 years of age or older and Texas Penal Code § 22.01(c)establishes that a child is defined as a person younger than 17 years of age. Texas Penal Code § 22.021(b)(3) defines a disabled individual as “a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person’s self from harm or to provide food, shelter, or medical care for the person’s self.”
Aggravated Sexual Assault Penalties in Texas
Aggravated sexual assault is a first-degree felony punishable by up to 99 years to life in prison and/or a fine of up to $10,000. Alleged offenders often face a minimum sentence of five years in prison that can be increased to 25 years when:
- The alleged victim was younger than 14 years of age at the time the offense was committed and the alleged offender committed the alleged offense in a manner described by Texas Penal Code § (a)(2)(A); or
- The alleged victim was younger than six years of age at the time the offense was committed.
Aggravated Sexual Assault Defenses in Plano
Under Texas Penal Code § 22.011(d), it is a defense to prosecution that the alleged 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. Texas Penal Code § 22.021(d) establishes that the defense provided by Texas Penal Code § 22.011(d) also applies to aggravated sexual assault.
It may be possible that an alleged offender has been wrongly identified or possibly even falsely accused. It will be important to have an experienced attorney in such cases for help proving any major errors in an alleged victim’s story or police identification of possible suspects.
Collin County Aggravated Sexual Assault Resources
Victim Assistance | Collin County DA — The Collin County Criminal District Attorney’s Victim Assistance Division provides services to victims of sexual assault as well as other crimes and cases involving serious bodily injury and to relatives of deceased victims. You can learn more about services provided by the Victim Assistance Division on this website. It also provides courtroom accompaniment.
Johnson v. State, 23 S.W.3d 1 (Tex. Crim. App. 2000)— After being convicted of two counts of aggravated sexual assault, Jimmie Lee Johnson was ordered to pay a $10,000 fine and sentenced to life in prison. The Thirteenth Court of Appeals reversed the conviction because of factual insufficiency, holding that “while the State proved a rape did occur, the evidence was factually insufficient to prove beyond a reasonable doubt that appellant was the guilty party, and a ‘manifest injustice’ would occur if this conviction was allowed to stand.” The Texas Court of Criminal Appeals affirmed the Court of Appeals decision to reverse and remand the case for further proceedings after stating that it could “find no fault in its application of the factual sufficiency review.”
Find A Collin County Attorney to Fight Aggravated Sexual Assault Charges | Law Offices of Richard C. McConathy
Were you or your loved one arrested or might you be under investigation for an alleged aggravated sexual assault in Plano or a surrounding area of Collin County? You will want to be sure that you are working with the Law Offices of Richard C. McConathy.
Our firm can fight to possibly get your criminal charges reduced or dismissed. We can help you understand all of your legal options as soon as you call (469) 304-3422 or contact us online to take advantage of a free consultation.