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Sexual Assault Charges in Texas

Is someone accusing you of sexual assault in Texas? If that is the case and the alleged victim decides to go to the police and press charges, you could be charged with a felony, which is NOT something to be taken lightly.

In Texas, “rape” is charged as sexual assault under Section 22.011 of the Texas Penal Code, but the definition of sexual assault goes beyond penetration of the sexual organs.

Sexual assault can also mean penetrating the victim’s mouth with the actor’s sexual organ and without the victim’s consent.

Generally, sexual assault is prosecuted as a second degree felony, however, under certain circumstances it can be charged as a first degree felony.

Penalties for a Second Degree Felony

The penalties for a second degree felony under Section 12.33 of the Texas Penal Code include 2 to 20 years in prison, and a fine not to exceed $10,000.

If sexual assault is charged as a first degree felony, the offender faces 5 to 99 years in prison, and a fine not to exceed $10,000 under Sec. 12.32 of the Texas Penal Code.

Aggravated Sexual Assault

Under Texas law, there is sexual assault and there is “aggravated sexual assault.” Aggravated sexual assault is covered under Sec. 22.02 of the Texas Penal Code. Under this section, a person commits this offense when during the sexual assault, they:

  • Cause serious bodily injury to the victim, including their own spouse
  • Use or exhibit a deadly weapon while they commit the sexual assault

Aggravated sexual assault is charged as either a felony of the second degree or a felony of the first degree depending upon the facts of the case. For example, it is a felony of the first degree when the actor used a deadly weapon during the sexual assault and caused serious bodily injury to the victim.

Are you being accused of sexual assault?

When it comes to sexually-motivated crimes, we understand quite well that often accusations of “rape” are based on false allegations. We also know that there are always two sides to every sexual assault story.

If you are being accused of sexual assault, we urge you to contact The Zendeh Del Law Firm, PLLC to schedule a consultation with one of our experienced Plano criminal defense attorneys.

Your freedom and your future are at stake, so contact us without delay!

Categories: Sexual Assault