Sexual assault, also known as rape, is one of the most serious sex crimes. Being accused of sexual assault can be a life-altering experience, with severe consequences. The prosecution and the courts will try to impose the highest punishment possible for this offense. The media and the public may view you as guilty without you even stepping foot in the courtroom. You need to talk to an experienced Bryan sexual assault lawyer as soon as possible.
A person can be charged with sexual assault if they engage in sexual contact or penetration with another person without their consent, or if victims of sexual assault are unable to give consent due to age, mental capacity, or intoxication. If convicted, a person may face a lengthy prison sentence, hefty fines, and mandatory registration as a sex offender. A sexual assault charge can also have devastating effects on a person's personal and professional life, causing irreparable damage to their reputation and relationships.
At Shane Phelps Law, we understand the gravity of the situation and are committed to providing you with the aggressive and compassionate legal counsel you need during this challenging time. An experienced sexual assault lawyer can thoroughly review your case and determine all your available legal options to get the most favorable results possible.
Why Choose Shane Phelps Law When You're Facing a Sexual Assault Charge?
When you are facing a sexual assault charge, the stakes could not be higher. You need a sexual assault lawyer who has the experience, skill, and dedication to fight for your rights and protect your future. At Shane Phelps Law, we believe that every client deserves the highest quality legal representation, regardless of the charges they are facing.
With more than three decades of experience in criminal defense, our team knows how to navigate the complex legal system and build a strong defense on your behalf. We understand that every case is unique, and we take the time to listen to your side of the story and develop a customized legal strategy that fits your specific needs and goals.
Our legal team is not afraid to take on tough cases and fight for our clients' rights in and out of the courtroom. We will use every available legal tool and strategy to challenge the prosecution's case and seek the best possible outcome for you. Our firm has a proven track record of success in handling sexual assault cases. We have successfully obtained favorable results for our clients, including dismissals, acquittals, and reduced charges. Contact our office today for your free consultation.
Understanding Sexual Assault Charges in Texas
There is a difference between sexual abuse and sexual assault in Texas criminal law. While both are serious offenses, they are defined and prosecuted differently. In Texas, sexual assault is defined as any unwanted, non-consensual sexual contact or penetration against another person with the threat or use of violence or physical force.
This broad definition encompasses a wide range of actions, from unwanted touching to forced intercourse. It is important to note that consent is a crucial factor in determining whether an act constitutes sexual assault. The act may be considered sexual assault if the alleged sexual assault victim did not give explicit, voluntary consent, or was unable to do so due to age, mental capacity, or intoxication.
What are the penalties for Sexual Assault/Rape?
Rape is classified as a second-degree felony in Texas, punishable by a prison sentence ranging from two to 20 years and a fine of up to $10,000. However, several circumstances may elevate the rape charge to an aggravated sexual assault charge, which is a first-degree felony. Many of these involve sexual violence. If convicted of aggravated sexual assault, you could face a lifetime prison sentence or a prison sentence between five and 99 years.
Aggravating Circumstances that Can Elevate a Rape Charge
- The defendant used the "date rape drug" to incapacitate the victim.
- The defendant acted with another individual in the commission of the crime.
- The victim is younger than 14 years of age.
- The victim is an elderly or disabled individual.
- The defendant caused serious injury or attempted to fatally injure the victim.
- The defendant used a deadly weapon in the commission of the crime.
- The defendant placed the victim in fear of death, serious injury, or kidnapping.
Personal and Professional Penalties of a Sexual Assault Conviction
The consequences of a sexual assault conviction extend far beyond fines and imprisonment. A conviction can have life-altering effects on an individual's personal and professional life, leaving them with a permanent stigma that is difficult to overcome.
One of the most significant consequences of a sexual assault conviction is the requirement to register as a sex offender. In Texas, individuals convicted of certain sexual offenses must register as sex offenders for life. This means their personal information, including their name, photograph, and address, will be publicly available on the Texas Sex Offender Registry. This can make it extremely difficult for individuals convicted of sexual crime to find housing, employment, and maintain personal relationships.
The public perception of those accused or convicted of sexual assault is often one of immediate condemnation. Even before a trial begins, the mere accusation can lead to social ostracism, loss of friendships, and damage to one's reputation in the community. This negative perception can persist, making it challenging to reintegrate into society and move forward with your life.
How Can a Sexual Assault Defense Lawyer Help Someone Facing Charges?
Skilled sexual assault attorneys can help protect your rights, investigate the allegations, and build a strong defense strategy to fight the charges. In some cases, a lawyer may be able to negotiate a plea deal that reduces the charges or minimizes the penalties, while in others, they may be able to secure an acquittal at trial.
It is important to understand that a sexual assault case can be a lengthy and emotionally challenging process. You may face pressure from the prosecution to accept a plea deal, even if you are innocent. Your attorney will advise you on the strengths and weaknesses of your case and help you make informed decisions about how to proceed.
If your case goes to trial, your attorney will present a vigorous defense on your behalf. This may involve cross-examining the alleged victim and other witnesses, presenting evidence that supports your innocence, and arguing that the prosecution has failed to meet their burden of proof.
Remember that an accusation does not equal guilt, and everyone is entitled to a vigorous legal defense. A knowledgeable and committed attorney can improve your chances of avoiding a conviction and the devastating consequences that come with it. If you are facing sexual abuse charges in Bryan, TX, do not hesitate to contact Shane Phelps Law for a free and confidential consultation. Our team is dedicated to providing aggressive and compassionate representation to those accused of even the most serious offenses.
The Importance of Early Intervention
The earlier you involve a sexual assault attorney, the more time they will have to build a strong defense on your behalf. Early intervention can also help prevent you from making statements or taking actions that could harm your sexual assault case down the line.
When a person is accused of sexual assault in Texas, they will likely face a thorough investigation by law enforcement. This may involve the collection of physical evidence, interviews with the alleged victim and any witnesses, and the execution of search warrants.
If the police believe there is probable cause to make an arrest, you will be taken into custody and booked into jail. Remember that you have the right to remain silent and the right to an attorney. If you are arrested for sexual assault, you should immediately invoke these rights. Do not discuss the case with anyone except your lawyer. Anything you say can potentially be used against you in court. Contact an experienced criminal defense attorney as soon as possible to protect your rights and begin building your defense.
The Issue of Consent in a Sexual Assault Case
In a sexual assault case, the issue of consent is often central. The prosecution must prove beyond a reasonable doubt that the alleged victim did not consent to the sexual activity. Your attorney will work to challenge the prosecution's evidence. They will present evidence that suggests the encounter was consensual or that the allegations are false.
Throughout the process, your attorney will also work to protect your reputation and minimize the impact of the allegations on your personal and professional life. This may involve filing motions to seal court records, advising you on how to handle media inquiries, and working to mitigate any collateral consequences of the charges, such as employment or housing issues.
Contact Shane Phelps Law If You Are Facing a Bryan Sexual Assault Charge
At the Law Office of Shane Phelps, we offer free initial consultations to all potential clients. During this consultation, our sexual assault lawyers will listen to your side of the story, answer your questions, and provide you with an honest assessment of your case. We will also discuss your legal options and help you understand what to expect as your case moves forward.
Do not wait to seek legal representation. The sooner you involve an experienced sexual assault defense attorney, the better your chances of achieving a favorable outcome in your case. At Shane Phelps Law, we have a track record of success. We provide our clients with aggressive and compassionate legal counsel. Our Bryan criminal defense lawyer can thoroughly review your case and determine all your available legal options to get the most favorable results possible.
Contact us and request a free consultation today.