Aggravated Sexual Assault

Aggravated sexual assault is a severely punished sex crime in Texas. The offense is considered a violent form of sexual assault, and if convicted, you could face up to 99 years or life in prison.

Special sex crime prosecutors typically handle aggravated sexual assault cases, so you are likely to face some of the state’s best prosecuting attorneys and investigators. Because of this, it would be in your best interest to contact an experienced criminal defense attorney as soon as possible.

Texas Aggravated Sexual Assault Attorney

If you are being investigated for aggravated sexual assault in Harris County, you will need an experienced defense team from The Benken Law Firm on your side. Brian Benken has been defending clients of criminal offenses in Harris County for over 30 years, and he will strive to protect your rights.

The Benken Law Firm represent clients with felony offenses in every community across Harris County and surrounding counties. Some of these communities include Houston, Montrose, River Oaks, Bellaire, Oak Forest and many others. Call The Benken Law Firm today at (713) 223 - 4051 to schedule a free case consultation.

Overview of Aggravated Sexual Assault in Harris County, TX

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How does Texas Define Aggravated Sexual Assault?

Aggravated sexual assault is similar to sexual assault. It involves intentionally or knowingly penetrating the mouth, sexual organ or anus or causing the sexual organ of another to come in contact with or penetrate the mouth, sexual organ or anus.

What makes aggravated sexual assault a more serious crime is that it involves aggravated factors such as:

    • The victim was younger than 14, regardless if the defendant knew of the individual’s age
    • The victim was an elderly or disabled individual
    • The defendant caused serious bodily injury or attempted to cause the death of the victim
    • The defendant placed the victim in fear of serious bodily injury or death
    • The defendant was armed with a weapon or any object used to cause the victim to believe it to be a weapon and threatened by gestures or words to use the weapon
    • The crime was committed during an attempted robbery, kidnapping, homicide or aggravated assault
    • The defendant used physical force or coercion, and severe bodily injury was caused to the victim
    • The defendant was aided or encouraged by one or more persons and the defendant used coercion or physical force
    • The victim was someone the defendant knew or should have known was physically helpless, mentally defective or mental incapacitated.

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What is the Definition of Consent in Texas?

The most common defense for sexual assault cases is the sexual activity was consensual. The Texas Penal Code considers the legal age of consent to be 17, but section 22.011(b) defines numerous circumstances where prosecutors can prove the victim did not consent to the sexual acts. These provisions include:

  • The defendant compelled the victim to submit or participate by using physical force, violence or coercion
  • The defendant coerced the victim to submit or participate by threatening to use force, violence or cause harm to the victim and they believed the defendant was capable of executing the treat
  • The victim had not consented due to unconscious or being physically unable to resist, and the defendant was aware
  • The defendant knew that because of mental illness or defect of the victim at the time of the assault, was incapable of appraising the nature of the act or resisting it
  • The victim did not consent because they were unaware the sexual assault was accruing, and the defendant was aware

The defendant intentionally impaired the victim’s power to appraise or control their conduct by using any substance without the victim’s knowledge.

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Penalties for Aggravated Sexual Assault

Aggravated sexual assault is a serious crime in Texas. The sex crime is charged as a first-degree felony that is punishable by the following:

  • Five to 99 years or life in prison
  • Up to $10,000 in fines
  • Register for life as a sex offender

Along with criminal consequences, if convicted, you could face the following lifelong restrictions:

  • Residency Restrictions: Under Texas law, registered sex offenders are barred from living or visiting a residence that resides within 500 feet of a child safety zone. These zones include schools, parks, daycare centers, youth centers and athletic fields.
  • Voting Privileges: Registered sex offenders are prohibited from voting while on parole or probation
  • Employment Location Restrictions: Registered offenders are banned from working in areas that are near a certain distance of a child safety zone.

There are other restrictions that a registered sex offender can face. Some of these restrictions include limited Internet access, losing the right to own or purchase a firearm, regular drug and alcohol screening and restricted contact with minors or the victim.

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Sex Crimes in Texas

Just like aggravated sexual assault, there are several additional sex crimes that are prosecuted harshly in the State of Texas. Unfortunately, the penalties for these type of offenses are not light and can include years of imprisonment, significant fines, and placement on the sex offender registry.

Attorney Brian Benken and his legal team defends individuals accused of the following sex crimes:

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Additional Resources

Aggravated Sexual Assault | Texas Penal Code Section 22.021– Follow the link to read the full text of the Texas Penal Code that governs aggravated sexual assault in the state. The code defines what aggravated sexual assault is, as well as penalties for the crime. The law can be read on the Texas Constitutions and Statutes webpage.

Texas Association Against Sexual Assault– Visit the Texas Association Against Sexual Assault website, a non-profit organization that is committed to ending sexual violence through advocacy, public awareness and prevention. The TAASA claims to be the voice of the sexual assault movement in Texas.

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Houston Aggravated Sexual Assault Attorney | Harris County, TX

If you are being investigated for aggravated sexual assault in Harris County, you will need the legal guidance of The Benken Law Firm. Brian Benken is a dedicated criminal defense attorney that will do everything in his power to achieve the best possible outcome for your situation.

Brian Benken has over 30 years experience defending crime in Harris County. He understands that sexual assault allegations can be stressful. Take the first step in building your defense. Contact The Benken Law Firm today.

Call (713) 223 - 4051 to schedule a free case consultation. Brian Benken defends clients in communities that include Houston, Galena Park, Montrose, River Oaks, Bellaire, Oak Forest, Harris County and surrounding counties.

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(713) 223 - 4051
Benken Law