Aggravated sexual assault is a serious and heinous crime that carries severe consequences for those convicted. It is typically defined as a sexual act committed against someone through force or threat of force, or with the intent to inflict serious bodily injury.
If you are facing aggravated sexual assault charges in Houston, Texas, it is critical to seek the assistance of a skilled and experienced Houston aggravated sexual assault attorney. The law office of Scott M. Brown & Associates and their sexual assault lawyer are well-versed in handling sex crime cases, including assault charges, and have a successful track record in defending their clients. They understand the seriousness and gravity of such charges and will work diligently to safeguard your rights and build the most robust defense strategy possible.
Reading about the elements, penalties, and examples of aggravated sexual assault can help you better understand the seriousness of the charges against you and the gravity of the situation. It can also help you to be more informed about Texas law, and to know what to expect as your case progresses. You to make more informed decisions about your criminal defense strategy and seek the best possible outcome if you work with an aggravated sexual assault attorney.
The sooner you consult with an attorney, the greater your chances of developing a credible defense strategy. Call us immediately!
What is Aggravated Sexual Assault?
The definition of aggravated sexual assault varies among the different states of the USA, but generally, it is considered a more severe form of sexual assault charge, and it is often characterized by the use of excessive force or violence, or by the involvement of aggravating factors such as the victim being particularly vulnerable or the perpetrator being in a position of trust or authority.
In the State of Texas, aggravated sexual assault is defined in the Texas Penal Code as a sexual act committed against another person through force or threat of force, or with the intent to inflict serious bodily injury. The law in Texas defines a sexual act as any contact between the sexual organ of one person and the mouth, anus, or sexual organ of another person, regardless of whether penetration occurred.
Additionally, aggravated sexual assault may also involve the commission of the assault during another crime, such as robbery or kidnapping, or it could be committed against someone who is unable to give consent, such as a child under the age of 17 or a person with a mental disability.
It is important to note that when someone is charged with aggravated sexual assault, it does not necessarily mean that penetration is involved. It could be a case where sexual contact was made but it was non-consensual and force was used.
What are the Elements of Aggravated Sexual Assault?
The Texas Penal Code defines some specific elements that must be present for a charge of aggravated sexual assault to be made:
- Use of force or threat of force: The first element of aggravated sexual assault is that the sexual act must have been committed through the use of force or threat of force. This means that the sex offender must have used physical force or the threat of physical force to overcome the victim’s resistance or to prevent the victim from resisting.
- Infliction of serious bodily injury: The second element of aggravated sexual assault is that the perpetrator must have intended to inflict serious bodily injury. A serious bodily injury is defined as an injury that poses a substantial risk of death or that causes permanent disfigurement or loss or impairment of the function of any bodily member or organ.
- Commission of the assault while another crime is being committed: The third element of aggravated sexual assault is that the sexual act must have been committed during the commission of another crime, such as robbery, kidnapping, or burglary.
- Assault on a person who is unable to give consent: The fourth element of aggravated sexual assault is that the victim must have been unable to give consent. This means that the victim must have been a child under the age of 17, unconscious, or have a mental disability that rendered them incapable of understanding or resisting the sexual act.
- Assault on a child or other vulnerable victim: The fifth element of aggravated sexual assault is that the victim must have been a child or a person who is considered a vulnerable victim by virtue of their age, or physical or mental incapacity.
These elements are defined by the Texas Penal code and must be proven by the prosecution in order for someone to be convicted of aggravated sexual assault. If you have been charged with aggravated sexual assault, our Houston lawyer will investigate your situation, determine the weaknesses of your case, and build you a strong defense.
What are Examples of Aggravated Sexual Assault?
Examples of aggravated sexual assault can be found in a variety of different situations and can range from violent rape to non-consensual sexual contact. Some examples of aggravated sexual assault may include
- Rape with the use of a weapon: This can include instances where a perpetrator uses a weapon, such as a gun or a knife, to threaten the victim and force them to comply with the sexual act.
- Gang rape: This occurs when multiple perpetrators sexually assault the same victim, often through the use of force or threat of force.
- Assault on a person unable to give consent: This can include sexual assault on a child or a person with a mental disability who is unable to understand or resist the sexual act.
- Assault during the commission of another crime: This includes a sexual assault that occurs while the perpetrator is committing another crime, such as robbery or kidnapping.
- Continuous sexual abuse: This occurs when the perpetrator repeatedly sexually abuses the same victim over an extended period of time.
- Child molestation: When an adult commits sexual acts with someone under the age of 17 it is considered a sex offense and can be considered aggravated sexual assault when the child is threatened or hurt.
- Child pornography: Producing, distributing, and possessing child pornography.
What are the Penalties for Aggravated Sexual Assault?
The penalties for aggravated sexual assault can include
- Imprisonment: Conviction for aggravated sexual assault can result in a prison sentence of 5 to 99 years.
- Fines: In addition to imprisonment, a person convicted of aggravated sexual assault may also be required to pay fines. The maximum fine for aggravated sexual assault in Texas is $10,000.
- Sex Offender Registration: A person convicted of aggravated sexual assault is required to register as a sex offender. This registration is public and can have a significant impact on a person’s ability to find employment and housing.
- Parole: Once an individual serves their prison sentence, the offender may be placed on parole for a certain period of time and will have to comply with the conditions of the parole, including attending therapy and avoiding contact with the victim and/or any similar situation that might trigger the past crime.
- Probation: An individual who has been convicted of aggravated sexual assault may be placed on probation, which typically includes conditions such as regular check-ins with a probation officer, attending therapy, and staying away from the victim.
Call Our Houston Aggravated Sexual Assault Attorney Now!
Aggravated sexual assault is a serious and severe sex crime that carries severe penalties for those convicted. If you or a loved one are facing aggravated sexual assault charges in Houston, Texas, it is crucial to seek the help of an experienced Houston sexual assault attorney as soon as possible.
The attorneys at Scott M. Brown & Associates are highly qualified and have a proven track record of success in handling such cases. They will work tirelessly to build the strongest defense possible and achieve the best outcome for you. Don’t hesitate anymore. Contact Scott M. Brown & Associates today for a confidential consultation to discuss your case and protect your rights.