CRIMINAL DEFENSE CENTRAL TEXAS
Sexual Assault Lawyer
Sexual Assault Lawyers serving central Texas.
In the state of Texas, a sexual assault conviction is a serious crime that can have severe punishment and consequences. This type of crime could include a prison sentence, massive fines, and a lifetime requirement to register as a sex offender. Therefore, a sexual assault offense should never be taken lightly and it’s imperative to have an experienced, results-driven, criminal defense attorney on your side. Your future depends on it.
You will risk things going from bad to worse if you don’t have experienced legal counsel. We will take a closer look at what sexual assault is in Texas and what you can do if charged with sexual assault.
We are here when you need us if you’re looking for a sexual assault lawyer in Bastrop, Lee, Fayette, Lavaca, Colorado, or surrounding counties. Ken Bigham Jr, the owner of The Bigham Law Firm, has over two decades of experience representing clients facing criminal charges throughout the state of Texas including all types of sexual assault convictions. Sexual assault cases have a history of being controversial. If you or a loved one is being accused of sexual assault, it’s best to let your attorney handle the communication to not risk further incrimination.
We understand the severity of a sexual assault charge and have experience in navigating the Texas sexual assault laws and court system with prosecutors. You deserve the best possible defense. and By hiring the Bigham Law Firm you will have a dedicated attorney on your side. You can rest assured that we will perform an extensive discovery to investigate your case thoroughly and provide the best strategic defense for your unique case.
Depending on the severity of your case, the evidence against you can be extensive and overwhelming. However, our sexual assault lawyers are highly skilled in working with criminal defense cases and performing negotiations with the prosecution to land the most favorable plea agreement for you. It is our goal to fight for the best possible outcome for your unique case.
Schedule a free consultation to discuss your case and options regarding your sexual assault charges.
How does the law define sexual assault in Texas?
In most cases, Texas law distinguishes between a lawful sex act and an unlawful sexual assault by the presence of consent. If one of the parties in a sexual encounter does not or cannot give consent, the act becomes a sexual assault. Additionally, consent can be withdrawn at any time during the encounter.
The Importance of Sexual Consent.
Consent should never be implied or assumed, even if you’re in a relationship. Therefore, it should always be clearly communicated as an act of respect for one another. Additionally, it’s important to know that just because you are in a relationship with someone does not give automatic permission to have sex with your partner.
The Penal Code defines “consent” as follows:
“Consent” means assent in fact, whether express or apparent.
If you are ever unsure if consent is given, simply ask and pay attention to what the partner is feeling.
What Are the Sexual Assault Types and Penalties in Texas?
A second-degree felony, punishable by up to 20-year prison and a $10,000 fine.
According to the Texas Penal Code Sec. 22.011 Sexual Assault is defined as a person committing an offense if:
- intentionally or knowingly:
a. causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
b. causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
c. causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
Child Sexual Assault
A first-degree felony, punishable by 5-99 years in prison and a $10,000 fine.
According to the Texas Penal Code Sec. 22.011 Child Sexual Assault is defined as:
- regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly:
a. causes the penetration of the anus or sexual organ of a child by any means;
b. causes the penetration of the mouth of a child by the sexual organ of the actor;
c. causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
d. causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
e. causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.
A Class A Misdemeanor is punishable by up to a year in jail and up to a $4,000 fine.
According to the Texas Penal Code Sec. 22.012, Indecent Assault is defined as:
a.) A person commits an office if, without the other person’s consent and with the intent to arouse or gratify the sexual desire of any person, the person:
- touches the anus, breast, or any part of the genitals of another person;
2. touches another person with the anus, breast, or any part of the genitals of any person;
3. exposes or attempts to expose another person’s genitals, pubic area, anus, buttocks, or female areola; or
4. causes another person to contact with the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person.
b.) An offense under this section is a Class A misdemeanor.
c.) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.
Sexual Assault Lawyers Serving Bastrop, Fayette, Colorado, Lee, and Washington Counties
It is crucial to contact a criminal defense attorney immediately if you are charged with sexual assault. The longer you wait the more likely that evidence could be lost if you don’t take affirmative legal steps to save it.
If you’ve been charged with sexual assault, please call me at 979-743-4153 today for a free consultation.