Missouri City Aggravated Sexual Assault Lawyer

Aggravated Sexual Assault Attorney in Missouri City

With penalties such as prison and a permanent criminal record, aggravated sexual assault charges can have permanent impacts on your freedom. A Missouri City aggravated sexual assault lawyer can help you put forward a strong defense against these charges that proves innocence or pushes for reduced penalties.

Why Work With Segura and Kiatta?

With over 20 years of experience, the attorneys at Segura and Kiatta have a deep understanding of Texas’s aggravated sexual assault laws and the criminal court system. We can build a strong defense tailored to your case by analyzing the evidence and making sure your story is heard.

An Overview of Aggravated Sexual Assault Charges in Missouri City

Sexual assault covers any non-consensual sexual contact involving penetration. In Texas, there were 13,116 cases of sexual assault and 3,218 cases of aggravated sexual assault. Aggravated sexual assault involves one or more factors that increase the seriousness of the offense. This could include:

• If the crime was against a child, a disabled person, or an elderly person
• Using date rape drugs
• Causing serious bodily injury or attempting to cause death
• Threatening the victim with the fear of death, serious injury, or kidnapping
• Using a deadly weapon

An American is sexually assaulted every 73 seconds. Sexual assault of a child is a type of aggravated assault, with one out of four girls and one out of 20 boys experiencing sexual abuse as a child. Aggravated sexual assault is generally a first-degree felony, reflecting the severe damage this crime can have on the victim.

Penalties for an Aggravated Sexual Assault Case

The penalties in an aggravated sexual assault case are some of the most severe you can face. As a first-degree felony, these offenses are punishable by 5 to life in prison and a fine of up to $10,000. There are additional penalties, such as a permanent criminal record or registration as a sex offender, that can have a major impact on your future employment, housing, and reputation.

Aggravated sexual assault laws also require offenders to serve a 25-year mandatory minimum sentence if the victim was under 10 years old or if the victim was under 14 and there is another aggravating factor. Prior convictions for a sexually violent offense may also lead to a mandatory life sentence without parole.

Defenses Against Aggravated Sexual Assault Charges

To identify the right defense strategy for your case, here is an aggravated sexual assault lawyer who can evaluate your case. Even when it may seem like there is no strong defense or no evidence to prove your innocence, a lawyer can develop a strategy that improves your chances of reduced or dismissed charges. Common defenses against aggravated sexual assault charges include:

• Proving there was consent. Establishing that the alleged victim consented can involve witness or victim testimony or digital communications. This defense cannot be used if the victim was under 17.
• Having an alibi. Proving you were somewhere else when the crime occurred can be a powerful defense strategy. This often involves evidence such as GPS records, witness testimonies, receipts, or security camera footage.
• Challenging evidence. There must be sufficient evidence against you to prove your guilt beyond a reasonable doubt. If there is not enough evidence or the evidence is faulty, such as unreliable DNA evidence, you may not be convicted.
• Mistaken identity. In some cases, the defendant may be mistaken for the offender. Evidence such as unreliable witness testimony, an alibi, or DNA evidence can all be used to support a mistaken identity defense if you were wrongly accused of being the abuser.
• Reducing the charge to a sexual assault offense. If there is sufficient evidence to prove that sexual assault occurred, but faulty or nonexistent evidence proving an aggravating factor, you may be able to reduce charges. By proving there were no aggravating factors, you may receive lighter penalties associated with a sexual assault offense.

FAQs

What Three Elements Must Be Present to Prove That Sexual Assault Occurred?

The three elements of a sexual assault case are that sexual contact or penetration occurred, the identity of the offender, and that the act was not consensual. To do this, prosecutors may use evidence such as sexual assault forensic exams, DNA evidence, and witness testimonies. A Missouri City aggravated sexual assault attorney can evaluate the evidence against you to challenge whether these three elements are proven.

What Is the Difference Between a Sexual Assault and an Aggravated Sexual Assault?

While both sexual assault and aggravated sexual assault involve non-consensual sexual acts, aggravated sexual assault involves additional factors that increase the severity of the offense. Common examples of aggravating factors include assault against children, causing serious bodily harm, drugging the victim, or using a deadly weapon. No matter which charge you are facing, you should hire an aggravated sexual assault lawyer to build a defense against your charges.

Can You Do Jail Time for Aggravated Sexual Assault?

Aggravated sexual assault results in between 5 and 99 years in prison and is likely not eligible for jail time. Jail time is a common penalty for misdemeanors. Very few aggravated sexual assault charges are reduced to misdemeanors, which means most offenders serve time in prison rather than jail. In Missouri City, many inmates are sent to state prisons such as the W.J. Estelle Unit or the Eastham Unit.

Why Should You Hire an Aggravated Sexual Assault Lawyer?

A Missouri City aggravated sexual assault lawyer can protect your rights throughout an aggravated sexual assault case and can build a defense tailored to your case. After an arrest, a lawyer can protect you against unlawful searches and seizures and against self-incrimination. Then, they can analyze evidence and police conduct to identify a defense strategy. By doing this, a lawyer’s advocacy and negotiation in court can lead to more favorable outcomes.

Contact a Skilled Missouri City Aggravated Sexual Assault Attorney

With long prison sentences, career impacts, or the social stigma, an aggravated sexual assault charge can be life-changing. To mitigate Texas’s harsh penalties, building a strong defense strategy is essential. Contact Segura and Kiatta to learn how skilled legal defense can protect you during an aggravated sexual assault case.