Have you Been Accused of a Sexual Assault Crime with a Child?
If you have been falsely accused or charged with aggravated sexual assault of a child, we understand how terrifying and stressful you and your family are likely to feel. Sadly, individuals are far too often falsely accused of a sex crime solely based on the word of someone else, often a child. Sex offenses are treated as some of the most serious crimes a person can commit in Texas, and those accused are often treated as guilty before charges are even filed by a county prosecutor. Even if not convicted or completely exonerated, there may still be lifelong consequences.
North Texas defense lawyer Heather Barbieri is well known within the legal community as a tireless advocate with a proven record of success helping clients fight complex sex crime charges. At Barbieri Law Firm, our team of lawyers have successfully defended individuals in all types of sexual assault cases. We can help you fight these charges and will do so with compassion and a focus on securing the best possible results for you.
How is Sexual Assault Defined in Texas?
Under Texas Penal Code § 22.021, a sexual assault occurs if a person knowingly or intentionally causes the forcible penetration of the anus or sexual organ of another person “without that person’s consent.” A sexual assault can be committed against another adult, a child (under the age of 14), elderly or disabled individual, or during a violent offense. When a person commits a sexual assault AND aggravating factors are found to be present at the time of the offense, the sexual assault may be elevated to an “aggravated sexual assault of a child.” This is treated as a more extreme offense and, therefore, carries harsher penalties if a person is convicted.
Sexual Assault vs. Aggravated Sexual Assault of a Child
A sexual assault of a child offense is determined by the child’s age at the time the offense occurred. In Texas, the sexual penetration of or genital contact with a child over 14 years of age but under 17 years of age is still considered a sexual assault of a child, which includes non-consensual acts as well as what is commonly known as “statutory rape,” or consensual sex between a minor between the ages of 14-16 and an adult.
However, when the victim of a sexual assault is a child under the age of 14 at the time of the offense – regardless of whether the child’s age was known at the time of the offense – the offense is enhanced to aggravated sexual assault of a child.
In addition to age, a person commits an aggravated sexual assault when any of the following aggravating factors are present during the offense:
- bodily injury;
- a substance to impair the victim;
- threats of force or violence;
- death, serious bodily injury, or kidnapping of any person;
- a deadly weapon in the course of the same criminal episode;
- a position of authority; or,
- various other means precluding possible consent.
Punishments for Aggravated Sexual Assault of a Child in Texas
The sexual assault of a child is a second-degree felony in the state of Texas. Given the violent nature and child’s age of aggravated sexual assault of a child, the Texas Penal Code assigns this offense the most serious penalties for sex crimes involving children, which is a first-degree felony with a first conviction carrying a sentence of 5-99 years or life in prison.
Texas law further requires a minimum prison sentence of 25 years for a person convicted of aggravated sexual assault if the victim is:
- younger than 6 years of age at the time of the offense, or
- younger than 14 and the offense is committed in a manner that causes serious bodily injury, incites fear of threat to another or through use of a deadly weapon, or if other aggravating factors are true in the case.
Aggravated Sexual Assault Lawyers in Collin, Dallas, Denton, and Tarrant Counties
The attorney you hire to defend your case is a crucial decision that can impact your outcome. For decades, Plano lawyer Heather Barbieri has focused solely on criminal law – she is Board Certified in Criminal Law as well as an award-winning and widely known sex offense expert in Texas. She and her team of skilled sex lawyers share the same passion for defending those wrongly accused of sex crimes and deliver only high-quality legal representation with respect to all their clients.
With over 25 dismissals, no bills, and acquittals for clients in 2022 alone, our team of North Texas lawyers at Barbieri Law Firm will never stop fighting for you as hard as possible to defend your rights, freedom, and future.
Start building your best defense now – Contact our office to schedule a free consultation and discuss how.