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Criminal Defense
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Criminal Defense

 

   
SEXUAL ASSAULT

Internet Sex Crimes | Sexual Assault | Indecency with a Child
Public Lewdness | Indecent Exposure

Sexual Assault Defense - San Antonio - Bexar and Surrounding Counties

Sexual assault, commonly referred to as rape, is a felony that will bring very serious consequences and penalties in Texas. Some other sexual offenses are less serious. If you have been accused of a sexual crime you need to contact a Texas criminal defense attorney as soon as possible. Call the Texas sex crime lawyers at Rush & Gransee to determine what you need to do to protect your rights. Early intervention by a criminal defense attorney can mean the difference between a long prison sentence and your freedom. You have rights and they need to be aggressively defended.

If you are contacted by an investigator or police officer who wants to take your statement you should ask him what the purpose of the investigation or interview is. Upon learning why the officer wants to talk to you, tell the investigator that you are undecided and need to talk to a lawyer first. Tell the officer you will call him back. Immediately contact a Texas sexual assault defense attorney to discuss your rights and options. Do not talk to the investigator or officer without first talking to a criminal defense attorney. A criminal defense attorney should be able to describe your options and what action should be taken to protect you or other family members.

Sexual Assault is commonly referred to as rape. Sexual Assault can occur in many different ways. One way in which a Sexual assault occurs is when the sexual organ or anus of a child younger than 17 years is penetrated. Sexual Assault also occurs when the child’s various body parts are contacted by an alleged perpetrators sexual organ. Again, there are various affirmative defenses that may apply when the perpetrator and child are near the same age. The child cannot legally consent if the actor is more than three years older than the child. If the victim is an adult the usual issue is consent. Did the victim consent to the sexual contact?

There are eleven factual scenarios listed in the Texas Penal Code where any consent obtained is not valid. There are various people that cannot legally consent and sexual contact with them is criminal. As an example a mental health provider cannot obtain consent from a former patient by exploiting the other person’s emotional dependency.

An employee of a primary or secondary school cannot have any sexual contact with a student. This prohibition was enacted in the Texas Penal Code in 2003. This is an absolute prohibition. It obviously was enacted because of the publicity that resulted from the few cases of female teachers having sexual relationships with young male students. However, the statute would appear to criminalize a younger employee of a school having a sexual relationship with an older student.

Most sexual assaults described above are second degree felonies. Second degree felonies can result in a prison sentence of up to 20 years. Furthermore, a sexual assault conviction will require that you register as a sex offender for the rest of your life.

Aggravated Sexual Assault is more serious than Sexual Assault. Sexual Assault becomes Aggravated Sexual Assault when additional factors are present. Additional factors can include: causing serious bodily injury; placing a person in fear of death, causing serious bodily injury or kidnapping; exhibiting a deadly weapon; the victim is younger than 14 years; or the victim is disabled or elderly.

If someone is placed on deferred adjudication, regular probation, or sent to prison for a Sex Assault they will have to register as a sex offender for the rest of their life. A no contest plea with a plea bargain for deferred adjudication will still require lifetime registration.

Legislation being discussed may require a minimum sentence of 25 years in prison for a sexual assault conviction.

At Rush & Gransee, L.C. we will make sure that the authorities and prosecutors respect your rights as a United States citizen and defend you to the fullest extent under the law. The lawyers at Rush & Gransee, L.C. aggressively defend clients throughout Texas, including San Antonio, Sequin, New Braunfels, Kenedy, Floresville, Hondo, Junction, Cotulla, Boerne, Uvalde and Wilson County, Bexar County, Guadalupe County, Hays County, Kendal County, Kerr County, Medina County, and Uvalde County.

Call to speak to one of our Texas sexual assault defense lawyers if you are being investigated for a Sexual Assault Crime in Texas or have been charged with a Sex Crime in Texas. Call us at 210-223-9200 or toll free 1-888-501-9299 for an initial free consultation.






 

 
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