Being accused of sexual assault in Texas is one of the most serious situations you can face. Your reputation, freedom, and future are all on the line. The impact can be devastating, even if the accusations are unfounded. If you find yourself in this situation, the first step is to take a breath and remain calm—panicking will only make things harder. The most important move you can make is to get legal representation immediately.
What are the penalties for sexual assault in Texas?
In Texas, the penalties for sexual assault depend on the specifics of the crime and any aggravating factors. Sexual assault is generally classified as a second-degree felony under Texas law. However, certain circumstances can increase the severity of the charges. If convicted of sexual assault, the offender faces a sentence of 2 to 20 years in prison and a fine of up to $10,000.
If certain aggravating factors are present, the charge can be elevated to a first-degree felony, which carries harsher penalties. Aggravating factors may include:
- The victim is a child (under 17 years old).
- The victim is a public servant and the offense was related to their official duties.
- The victim is someone the offender has a familial relationship with, or the offender uses violence during the assault.
If convicted under these enhanced circumstances, the offender faces a sentence of 5 to 99 years or life imprisonment, with the possibility of a fine of up to $10,000.
Registration as a sex offender
In addition to imprisonment and fines, anyone convicted of sexual assault in Texas is required to register as a sex offender. This registration imposes long-term restrictions and obligations on the convicted individual, including regular reporting to law enforcement and limitations on where they can live and work.
What happens if the perpetrator's name is unknown?
Sometimes, sex crime lawsuits may initially lack specific details, such as the name of the alleged perpetrator. In these cases, the lawsuit might be filed against an entity connected to the accusation, such as an employer or institution. But once the alleged perpetrator's identity is revealed, the legal process moves quickly. Under Texas law, the plaintiff has 30 days to amend the lawsuit to include the name of the accused. This type of case presents a unique challenge, but it also offers an opportunity for your defense team to step in and counteract the claims.
What should I do if I'm accused of sexual assault?
First, you should practice your right to remain silent. Talking to law enforcement without an attorney can create unnecessary challenges. Everything you say can be used against you, so silence is key until you have a lawyer by your side. You should also refrain from contacting the person accusing you of sexual assault. Doing so can worsen your legal situation and potentially lead to additional charges, such as harassment or witness tampering.
It's also important to collect and preserve any evidence that may support your defense, such as text messages, emails, or social media communications with the accuser. Your lawyer can help you determine what information is important. Never tamper with or destroy evidence, as this can lead to further legal complications.
Be sure to follow your attorney's guidance and avoid taking actions that could complicate your defense, such as violating restraining orders or court directives.
Let us start building your defense and safeguard your future
Facing sexual assault charges in Texas? Your future is on the line, and every moment counts. A conviction could mean years behind bars and a lifetime on the sex offender registry. That's why you need The Webb Firm, P.C. in your corner. Our legal team knows the ins and outs of the Texas legal system. With her experience as both a criminal defense lawyer and a former prosecutor, Attorney Amanda Webb can dig deep to find any weaknesses in the prosecution's case and fight to protect your rights.
We'll also discuss your potential legal options, comb through the evidence, and investigate whether your rights were violated during the arrest. Our team takes a tough, no-nonsense approach because we know what's at stake. Contact us today to schedule your free, confidential consultation.
