Sexual Assault

The Barbieri Law Firm has over 20 years of winning courtroom experience representing clients in Plano, Dallas, Frisco, McKinney, and throughout Texas faced with serious charges of sexual assault. Led by an expert in criminal defense, the firm has earned a respected reputation in the community.

Are you facing charges for sexual assault? Call Barbieri Law Firm today at 972-424-1902 or contact us online to schedule a free consultation with our sexual assault lawyer in Plano.

What Is Sexual Assault in Texas?

Sexual assault is more than just rape, even though rape is usually what comes to mind when sexual assault is mentioned. Texas law defines sexual assault as any sexual act or contact that is unwanted or non-consensual.

Sexual assault includes:

  • Intercourse and penetration without consent
  • Coercive or manipulative sexual acts
  • Sexual abuse of an individual who cannot give consent due to a disability or diminished mental capacity
  • Intercourse, penetration, or sexual contact with any person under the age of 17
  • Forcible and violent intercourse, penetration, or sexual contact, regardless of whether consent is given

Lack of consent in Texas includes:

  • The individual is under the age of 17
  • The individual is mentally disabled
  • The accused used or threatened physical violence to control the victim
  • The individual was unable to resist the sexual act
  • The accused holds a place of power over the individual, such as healthcare workers, teachers, law enforcement officers, clergy members, public servants, and employees of a facility where the individual lives
  • The accused is a caretaker of the individual

Contact our sex crimes lawyer at Barbieri Law Firm today!

Texas Sexual Assault Penalties

Felony of the third degree, or statutory rape

  • If the defendant is over the age of 18 and the alleged victim is between the ages of 14 and 16 years. This carries the possible prison sentence of 2-10 years, a fine of up to $10,000, and mandatory registration as a sex offender.

Felony of the second degree

  • Minimum prison sentence of 2 years
  • Prison sentence of 2-20 years, a fine of up to $10,000, and mandatory registration as a sex offender.

Felony of the first degree

No-Drop Policy in Cases of Sexual Assault

The Texas justice system has a “No-Drop” policy in cases involving sexual assault. This gives prosecutors the ability to continue action against you, prosecuting the case even if the alleged victim has decided they no longer want to press charges. Someone may choose to drop charges for a variety of reasons, including but not limited to:

  • Fear of further violence 
  • Loss of home or financial support
  • Threats made against someone they care for
  • The complaint occurred during a heated argument between family or friends
  • The incident occurred while intoxicated, with alcohol or drugs
  • Monetary gain, a bribe of cash, or something of value

Contact Our Plano Sexual Assault Lawyer Today

A sexual assault charge of any kind is a serious matter, and you need a knowledgeable sexual assault defense lawyer in Plano to fight for your legal rights. If you are facing a sexual assault charge, you must act now to protect your reputation, your rights, your future, and your freedom.

Contact Barbieri Law Firm today to get started on your defense with our Plano sexual assault attorney.