McKinney, TX Aggravated Sexual Assault Attorneys

Lawyers Defending Against Sexual Assault Charges Involving Aggravating Factors in McKinney, Texas

In many cases, people who are accused of sex crimes may be charged with sexual assault. These charges can be serious, and a conviction can lead to multiple types of serious penalties, including sex offender registration requirements. However, the penalties a person may face will be even more severe if a case allegedly involved aggravating factors. Charges of aggravated sexual assault can lead to prosecution for a first-degree felony, the possibility of a lifetime prison sentence, and other issues that can affect a person for years or decades.

Understanding how to defend against aggravated sexual assault charges can be difficult, especially for those who are unfamiliar with the legal system. A skilled and experienced attorney can provide invaluable help in these cases, making sure a person's rights will be protected during their case. At Texas Defense Firm, our lawyers can provide effective representation for people who are facing sex crime accusations. We understand the serious nature of aggravated sexual assault charges, and we can advise clients on the best defense strategies that may be used to resolve these cases successfully.

Aggravating Factors That Can Elevate a Sexual Assault Charge

The circumstances that may elevate a sexual assault allegation to charges of aggravated sexual assault include:

• Serious Bodily Injury or Threat to Life: A person may be accused of causing or attempting to cause a person to suffer a serious bodily injury while committing sexual assault. An alleged attempt to cause the death of a victim or another person may also lead to aggravated sexual assault charges.
• Fear of Death, Injury, or Kidnapping: Even if serious injuries did not occur, a person may face aggravated sexual assault charges if they allegedly caused a person to fear that they or another person would suffer a serious bodily injury or be killed during a sexual assault offense. A fear of kidnapping during an alleged sexual assault may also be an aggravating factor.
• Use of a Deadly Weapon: A person who allegedly used, carried, or displayed a firearm or another dangerous weapon while committing sexual assault may face aggravated sexual assault charges.
• Acting With Another Person: If a person was allegedly aided by another person or acted together with someone to commit sexual assault, aggravated sexual assault charges may apply. These offenses are commonly known as "gang rape."
• Use of an Incapacitating Substance: A person who allegedly gave someone a substance that prevented them from resisting sexual assault may face charges of aggravated sexual assault. These cases may involve allegations related to the use of "date rape" drugs, or claims that a victim could not give consent because the alleged offender purposely caused them to become intoxicated by drugs or alcohol.
• The Age of the Victim: If a person is accused of having sexual intercourse with a person younger than 14 years old, they may be charged with aggravated sexual assault. Minors cannot legally give consent, so even if an encounter was allegedly consensual, a person may still face aggravated sexual assault charges. These charges will be based on a child's actual age, and a person may be charged with an offense regardless of whether they know the child's age.
• Vulnerability of the Victim: If the alleged victim of sexual assault was over the age of 65 or had a physical or mental disability, aggravated sexual assault charges may apply.

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Penalties for an Aggravated Sexual Assault Conviction

Aggravated sexual assault is a first-degree felony offense. The sentence that may apply following a conviction may range from five years to 99 years in prison. A person may also be required to pay a fine of up to $10,000.

Certain circumstances can increase the prison sentence that may apply. If the alleged victim was younger than 10 years old, the minimum term of imprisonment increases to 25 years. A 25-year minimum sentence will also apply if the alleged victim was under the age of 14 and the offense involved other aggravating factors.

In addition to a prison sentence and fines, a conviction for aggravated sexual assault will require a person to register as a sex offender for the rest of their life. Even after a person serves their sentence and is released from prison, sex offender registration may affect their housing options, employment opportunities, and daily life.

Defense Strategies in Aggravated Sexual Assault Cases

When a person is charged with aggravated sexual assault, the prosecutor will need to prove that sexual assault occurred and that the case involved one or more aggravating factors. Our lawyers can help clients determine whether it may be possible to challenge allegations of sexual assault. We may look for inconsistencies in the claims made by the alleged victim, or we may review communications between the parties to show that any sexual intercourse that occurred was consensual.

We may also be able to challenge specific aggravating factors. If a person is accused of using a deadly weapon, we may take steps to show that a person was not carrying the weapon in question or that an item should not be considered a weapon. If a person allegedly used a date rape drug to incapacitate the other party, we can review toxicology evidence or show that the person knew about any alcohol or drugs that had been used and gave consent to engage in sexual intercourse.

In some cases, a review of statements made to law enforcement during an investigation may identify reasons to challenge accusations of sexual assault. We can look at whether a person's constitutional rights were respected during questioning or whether law enforcement officers committed violations. An investigation into the relationship between the parties may uncover motives for false or exaggerated accusations. We can look at what happened before, during, and after an alleged offense to build an effective defense.

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Contact Our McKinney Aggravated Sexual Assault Lawyers

The consequences of a conviction for aggravated sexual assault charges can affect every aspect of a person's life. If you have been accused of this offense, securing legal representation before speaking to police officers is essential. At Texas Defense Firm, our lawyers can protect your rights and help you build an effective defense against these charges. Contact our McKinney, TX aggravated sexual assault defense attorneys at 972-369-0577 to arrange your free consultation.