What Is Aggravated Sexual Assault?

Facing an aggravated sexual assault charge in Texas is a profoundly serious matter with potentially severe legal consequences, including imprisonment and mandatory sex offender registration. If you find yourself under such a charge, immediate action to secure competent legal advice is essential. The seasoned legal team at the Law Office of Rolando Cantu is available to guide you through this complex process, aiming for the best possible outcome, such as charge dismissal or reduction. Contact us for a complimentary case assessment.

In this blog, we will delve deeper into what constitutes aggravated sexual assault cases in Texas and the associated penalties.

Unlike simple sexual assault, which is a serious crime on its own, an aggravated sexual assault in Texas is characterized by the presence of specific aggravating circumstances as defined under Texas aggravated sexual assault laws. When a person commits sexual assault, these circumstances can vary but may include factors such as:

• The age of the alleged victim, particularly if they are under the age of 14
• The mental or physical condition of the victim
• Utilization or threat of a deadly weapon during the offense
• Verbal or non-verbal threats of physical harm against the victim
• Use of drugs or controlled substances to incapacitate the alleged victim
• The use of a deadly weapon, causing serious bodily injury
• Serious bodily harm to the alleged victim, even without a weapon
• Committing the offense against a vulnerable individual

The presence of these aggravating factors elevates the severity of the crime and may result in more severe legal consequences. It is crucial to understand and address the distinct nature of aggravated sexual assault to ensure justice and protection for survivors.

Sexual offenses are charged as a second degree felony under Texas Penal code, carrying a penalty of:

• 2 to 20 years in prison
• A fine of up to $10,000.



However, if the sexual assault case is considered aggravated sexual assault, it becomes a first degree felony in Texas. To secure a conviction for aggravated sexual assault, Texas state prosecutors must prove each element of the charge beyond a reasonable doubt—a high bar indeed. Failing to meet even a single criterion can lead to dismissal of the case. If, however, the prosecution meets this burden, the convicted individual may face:

• A minimum 25-year jail sentence
• Substantial monetary fines
• Additional court-imposed limitations

For individuals who repeatedly commit offenses, there exists a tangible possibility of facing life imprisonment without the chance of parole. This grave consequence serves as a deterrent, emphasizing the serious nature of their actions and the potential lifelong impact it can have on their freedom.

Every individual charged with a sexual crime is presumed innocent until proven guilty. As such, several defense strategies may be available to those facing aggravated sexual assault charges, including:

• Claiming mistaken identity
• Arguing actual innocence
• Demonstrating consent was given for sexual intercourse
• Asserting insanity at the time of the incident
• Challenging the credibility of the allegations

Successfully employing one or more of these strategies can result in the dismissal of charges, given that the prosecutor's burden of proof isn't met. Texas sex crimes laws are complex and carry severe penalties, making it essential for accused individuals to seek competent legal counsel. With the right defense strategy, it is possible to avoid or reduce the consequences of a conviction.

If you are facing an aggravated assault charge in Texas, don't wait. Consult with experienced legal professionals like those at the Law Office of Rolando Cantu. Our team can provide robust defense strategies designed to minimize the penalties and long-term ramifications you could face.

For a free consultation case evaluation with a seasoned Texas criminal defense lawyer, call us today at (956)-267-9898 or contact us today to learn more about how we can help you.

Disclaimer: This blog is for informational purposes and is not a substitute for professional legal advice.