Sexual assault is a serious criminal charge. These are always felony cases. If you’re looking for help, we’ll represent you. Whether you’re facing charges for this offense in Galveston County, Harris County, or surrounding counties, you can count on us to provide a respectable, impeccable legal defense.
Often, individuals accused of sexual assault are surprised and caught off-guard.
It happens. It happens to innocent people A LOT.
Even if you’re guilty as charged, we may have options for you.
If you or a loved one are seeking legal representation following allegations of any type of sex crime, we’d like to hear from you.
Contact Galveston sex crimes lawyers Tad Nelson & Amber Spurlock at 409-765-5614.
Free Consultation. Free Case Review. Affordable Payment Options.
Sexual Assault Offenses & Texas Law
Sexual Assault
Texas law 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 encompasses the penetration of the mouth of another person with the sexual organ of the accused, again without consent.
The term “consent” here is pivotal.
Texas law does not recognize consent if it’s induced by force, threat, or fraud, or if the individual is deemed incapable of giving consent due to mental disability or intoxication. This framework is laid out in Texas Penal Code (Title 5, Section 22.011). This law serves as the foundation for prosecuting such offenses.
Aggravated Sexual Assault
The “aggravated” enhancement occurs under specific circumstances. If the victim suffers serious bodily injury, the accused uses a deadly weapon, or when the victim is under 14 years of age or elderly (typically over 65), the accused party will be charged with Aggravated Sexual Assault.
Aggravated sexual assault, detailed in Section 22.021 of the Texas Penal Code, invariably leads to more severe penalties upon conviction.
Criminal Penalties
Convictions for sexual assault in Texas carry extreme penalties that can alter the course of one’s life forever.
For sexual assault, the typical classification of the offense is a second-degree felony. A conviction for the offense can mean a prison term ranging from 2 to 20 years and fines up to $10,000.
Aggravated sexual assaults can be classified as a first-degree felony. Here, the potential imprisonment stretches from 5 to 99 years, if not a life sentence.
If you’re ever released, you’ll be forced to endure the embarrassment of registering as a sex offender, and you may even have restrictions on where you can take up residency. With these cases, having an experienced sex crimes defense lawyer on your side can save your life you’re your way of living.
Evidence in Sexual Assault Cases
The adjudication of sexual assault cases heavily depends on the evidence presented.
Evidence can range from physical forensic data to witness testimonies and electronic communications. Galveston prosecutors rigorously examine the credibility of evidence, which highlights the need for an impeccably crafted defense strategy.
At Tad Nelson & Associates, we meticulously evaluate all evidence and options for challenging unfavorable evidence. Our main objective is to ensure that your rights are staunchly protected.
In building a defense, it’s essential to scrutinize the methods by which evidence was collected and handled. Any procedural errors or potential contamination of evidence can significantly impact the case’s outcome. If we can get certain evidence thrown out, it could mean a full case dismissal.
Furthermore, as far as so-called witnesses, understanding their psychology could be key in challenging the reliability of their testimony. In fact, it’s not uncommon for us to hire private investigators to get a handle on the facts. Uncovering facts such as “who was where at what time” and any hidden agendas of the accusing parties can always put a hamper on the state’s case.
So, just because you were charged with sexual assault doesn’t mean the state can convict you.
Potential Defenses
Defense strategies for sexual assault cases can be very complex.
Every case hinges on its unique facts. However, some of the more common defenses include challenging the allegations of non-consent, arguing mistaken identity, or proving an alibi.
In certain cases, demonstrating that the act was consensual is a viable defense. However, this requires meticulous examination of the interactions leading up to the incident.
RESOURCE: To Be Taken Seriously: Sex Crime Allegations/Threats
Things can get complicated. But when your life is on the line, we work through those complications.
Attorneys Tad Nelson & Amber Spurlock know exactly which tactics to deploy when dissecting the often convoluted narratives that accompany charges of sexual assault.
We understand that each case demands a fresh look and a thorough investigation. Our law firm is grounded in thorough legal knowledge and an empathetic understanding of the distressing circumstances our clients face. If you need our help, contact us.
Constitutional Considerations
Every individual accused of sexual assault in Texas retains fundamental rights as guaranteed by the Constitution of the United States.
- You have the right to a fair trial.
- You have the right to be presumed innocent until proven guilty.
- You also have the right to be represented by counsel.
Charged with Sexual Assault in Galveston?
Put Our Defense Attorneys on the Case Today!
Criminal charges for any felony offense are enough to stop anyone in their tracks. The situation is even worse when it comes to sexual assault or rape cases. If you need help and are ready to talk with a skilled Galveston sex crimes lawyer about your situation, feel free to contact our office.
We’re available 24/7 at 409-765-5614. Free Consultation. Free Case Review. Affordable Payment Options. Tad Nelson is Board Certified® in Criminal Law by the Texas Board of Legal Specialization™.
