Sexual Assault Attorney in Dallas, TX

Classifications and Degrees of Sexual Assault Offenses

In Texas, sexual assault offenses are almost always prosecuted as felonies, with a specific focus on the severity of the act and the victim's age. The penalties increase significantly with the severity of the charge.

• Sexual Assault (Second-Degree Felony): This is the most common sexual assault charge. A conviction can result in a prison sentence of 2 to 20 years and a fine of up to $10,000.
• Aggravated Sexual Assault (First-Degree Felony): This is a more serious felony. A sexual assault becomes aggravated if there are aggravating factors, such as:
  • The victim is under the age of 14.
  • The actor causes serious bodily injury to the victim.
  • The actor uses or exhibits a deadly weapon.
  • The actor places the victim in fear that they will suffer serious bodily injury or death.
  • A conviction for aggravated sexual assault can result in a prison sentence of 5 to 99 years or life in prison and a fine of up to $10,000.
• Aggravated Sexual Assault of a Child: If the victim is under the age of 14, the charge is automatically aggravated and is a first-degree felony. The penalties for these offenses are enhanced, with a minimum prison sentence of 25 years if the victim is under the age of six.

A knowledgeable Dallas sexual assault lawyer will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

Penalties of a Sexual Assault Conviction in Texas

A conviction for sexual assault is a life-altering event. The legal penalties can be severe, and the collateral consequences can be even more devastating, creating barriers that can feel impossible to overcome. 

Our firm, J Bowes Law, is dedicated to protecting you from these severe penalties and consequences. As a dedicated sexual assault attorney in Dallas, we will fight for a resolution that minimizes the impact on your life, your family, and your future.

The direct legal penalties for a sexual assault conviction in Texas are steep and often include:

• Incarceration: Prison time, ranging from a few years for a second-degree felony to life in prison for a serious felony.
• Fines: Fines can be substantial, often reaching into the thousands of dollars.
• Probation and Supervised Release: A conviction will likely be followed by a period of supervised probation, during which you must adhere to strict conditions. A violation of these terms can lead to re-incarceration.
• Mandatory Registration: A conviction for sexual assault requires mandatory registration as a sex offender, which is a severe and permanent consequence that will follow you for the rest of your life.
• Mandatory Counseling: The court may order you to attend various programs, such as sex offender treatment.

Collateral Consequences

A criminal record for a sex crime can follow you for the rest of your life, making it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and sex offenders are often barred from living in certain areas.

Additionally, a sex crime conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

Building a Strategic Defense

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. As a seasoned sexual assault attorney in Dallas, we will leverage every possible defense, including:

• Consent: In cases where the victim is of age, we can argue that the sexual activity was consensual and that the prosecution has not proven otherwise.
• False Accusations: We can argue that the alleged victim fabricated the accusations out of anger, jealousy, or a desire for revenge. This is a common defense in cases where the accuser and accused know each other.
• Insufficient Evidence: The prosecution must prove its case beyond a reasonable doubt. We will argue that the evidence presented is not sufficient to meet this high standard, either because the witness testimony is inconsistent or the forensic evidence is flawed.
• Mistaken Identity: We can argue that you have been misidentified as the person who committed the crime. This defense is particularly strong when the identification is based on a flawed witness lineup or a single, fleeting observation.
• Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.

The Legal Process in Dallas for Sexual Assault Charges

Understanding the legal process is key to navigating your defense. Here’s what you can expect:

• Arrest & Booking: In Dallas, the process starts with arrest and booking, followed by a hearing. It's crucial to be aware of your rights during this phase, including your right to remain silent and the right to legal counsel. Our attorneys are available to guide you through these initial steps, offering advice on how to handle law enforcement interactions.
• Pre-Trial Procedures: We work on building your defense during motions and hearings, aiming for dismissals or reduced charges. This phase is where gathering and presenting evidence becomes critical. Our team meticulously reviews all the details of your case to find opportunities to suppress improperly obtained evidence or highlight procedural missteps that could work in your favor.
• Trial: Should your case proceed to trial, our readiness and trial experience come into play to effectively represent you. With extensive trial experience, we focus on delivering impactful arguments, meticulous cross-examinations, and exploring all viable defense tactics. Our goal is to cast doubt on the prosecution’s case and bolster the credibility of your defense narrative.
• Post-Trial Options: Regardless of the outcome, we are here to discuss appeals and further legal options available to you. Post-trial doesn't mark the end of our partnership. Whether it’s pursuing an appeal or assisting with probation arrangements, we remain committed to working alongside you to navigate any continuing legal processes.