Accused of Aggravated Sexual Assault in McLennan County?
If you are accused of aggravated sexual assault, you should immediately contact an attorney. Our experience in these cases can help provide an important strategy and spot weakness in the prosecution’s case. Call us at 254-753-6437 for a free 30-minute consultation.
What is aggravated sexual assault?
The charge of sexual assault of a child, which applies to any sexual activity (consensual or not) between an adult and someone who is under the legal age of consent, can be elevated to “aggravated” if the victim was younger than 14 years old at the time of the act if a deadly weapon was used, if the accused used a date rape drug, or if other aggravating factors are correct in the case.
Aggravated Sexual Assault generally has the following range of punishment:
1st Degree Felony: 5-99 years in the Texas Department of Criminal Justice (TDCJ); Up to a $10,000 fine; or, both such fine and confinement. Sexual Assault Offenses are referred to as “3g Offenses.” They are especially dangerous because a judge cannot grant probation if a defendant is found guilty. Only the jury- not the judge- has the right to sentence the defendant to probation if the defendant is eligible.
Accused of Aggravated Sexual Abuse of a Child in McLennan County?
For aggravated sexual abuse of a child where the child is under six (6) years of age, or if it is proven that violent aggravated sexual abuse (fear of infliction of severe bodily injury or death, kidnapping, or deadly weapon) occurs with a child under the age of fourteen (14), then there is a minimum of twenty-five (25) years confinement in prison.
As a condition of bond in cases involving children, the District Judge can restrict access to children. In my experience, that means “no contact” whatsoever, verbal or otherwise. You may have to move and may not even be able to see your children. The judge may also order you not to get on the Internet while on bond.
Automatic Life Sentence [thirty-five (35) year minimum] for repeat offenders:
A person on trial for sexual assault, aggravated sexual assault, or indecency with a child by contact gets automatic life if he/she has a prior conviction for a felony sex offense.
Sex Offender Registration
Under Tex. Code Crim. P. ART. 62, unless your case is dismissed or you are acquitted, you will be required to register as a Sex Offender. Every time you move residences, you will be required to re-register seven days before moving and within seven (7) days after you move.
If you go somewhere for two days, three times a month, you must report to the authorities in that city or county. Failure to comply with registration requirements is another felony. Depending on the circumstances of the particular case, the range of punishment can be 180 days to 20 years in prison for each violation. If you must register, the police will also automatically be provided your Sex Offender status upon request when they run a check on your driver’s license or license plate number. Also, the Texas Attorney General has authorized local governments as of 2003 to broadcast information about registered sex offenders on a local cable TV channel because it is “public information.” Your name will be on the Internet as a registered sex offender. Many employers will not hire sex offenders.
Charged With Aggravated Sexual Assault. What Do I Do?
The sooner you talk to a lawyer, the higher likelihood that you have at developing a solid defense. This problem will not just go away. Delay only increases your risk of moving on with your life.
Questions about Waco Criminal Procedure
You probably have a lot of questions about what happens in criminal cases. We have written some answers to the most common questions about criminal law in Waco.
Sex Crimes Lawyers in Waco Texas
Sex crimes attorneys at Dunnam & Dunnam know how to effectively defend against false accusations and decrease the results of a conviction for a sex crime in Waco. As our client, we will protect you at each part of the sex crime investigation. In some cases, a skilled sex crimes attorney can prevent charges from being filed in the first place.
Waco Sexual Assault Lawyer
You must contact a Waco criminal defense attorney who is experienced in these types of charges. Our lawyers have decades of experience in these matters. If you need an aggressive criminal defense attorney in Waco, call us at 254-753-6437.