Sexual Assault
Texas Penal Code Ch 22.011 defines the various elements of sexual assault:
- Intentionally or knowingly
- Causing the penetration of the anus or sexual organ of another person without consent; Causing the penetration of the mouth of the victim by the defendant’s sex organ without consent; or causing the sex organ of another, without consent, to contact or penetrate the mouth, anus or sex organ of another, including the defendant.
- Or, engaging in any of these activities with a child for any reason, regardless of consent.
Consent is absent if:
- The victim is a child.
- The defendant compels a victim through physical force or violence, or the threat of physical force or violence.
- The victim is unconscious or physically unable to resist.
- The victim suffers from physical or mental impairment.
- The defendant is a mental health services provider, health care provider, member of the clergy, or employee of a residential facility unmarried to the victim.
In most cases, the offense is a second-degree felony, punishable by 2-20 years in prison.
Aggravated Sexual Assault
Charges of aggravated sexual assault alllege:
- A defendant intentionally or knowingly;
- Causing the penetration of the anus or sexual organ of another person without consent; Causing the penetration of the mouth of the victim by the defendant’s sex organ without consent; or causing the sex organ of another, without consent, to contact or penetrate the mouth, anus or sex organ of another, including the defendant.
- Or, engaging in any of these activities with a child for any reason, regardless of consent.
- If: a defendant causes or attempts to cause serious bodily injury or death;
- By acts or words makes a victim fears serious bodily injury, death or kidnapping;
- By acts or words in the presence of the victim threatens to cause death, serious bodily injury, or kidnapping;
- Uses or exhibits a deadly weapon;
- Acts in concert with another;
- Uses a prohibited drug in commision of the crime;
- The victim is under the age of 14;
- The victim is elderly or disabled;
The penalty for conviction of aggravated sexual assault under Texas law is 25-years to life in prison.
It’s important to note that the state must prove each element of these crimes. When your Houston criminal defense lawyer can defend you against any element, you cannot be convicted of the charge. This can result in a jury verdict in your favor, a dismissal of the charges against you, or a significant reduction in potential penalties.
Alex Macias is an experienced Houston criminal defense lawyer who represents clients in state and federal court in Houston and the surrounding areas, including Fort Bend and Montgomery counties, Sugar Land, The Woodlands, Pearland, Knogwood, Katy, League City, Stafford, Friendswood, Richmond, Cypress, Clear Lake, Humble and Fulshear.
The Law Offices of Alejandro Macias, PC offers free and confidential consultations. Call 281-742-9508. ¡Se Habla Español!
