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!