Houston Sexual Assault Defense Attorney

Defending Your Rights Against Sexual Assault Charges

If you have been accused of sexual assault, it is crucial to have a skilled and experienced defense attorney on your side. Texas has some of the most stringent laws in the nation designed to protect the public from perpetrators who commit sex crimes. 

If you are convicted of sexual assault, you could potentially face a significant amount of time in jail or prison, be required to register as a sex offender and find it challenging to obtain gainful employment. You will also be limited to where you can live and may be forced to have supervised visitation with your children.

The Cory Roth Law Office has extensive experience handling sexual assault cases and would be honored to help you resolve your legal issues. Our team is dedicated to protecting your rights and providing you with aggressive representation throughout the legal process. If you have been charged with sexual assault, contact us today at 832-400-4133 for a confidential consultation.

What is Sexual Assault?

The Texas penal code states that sexual assault is when any unwanted or non-consensual sexual conduct occurs that involves penetration or contact with a sexual organ. Sexual abuse occurs when an individual has sexual intercourse with another person who cannot give consent due to mental capacity or disability. In most instances, sexual assault is charged as a second-degree felony in Texas.

Texas has strong laws on the books that deal with sexual assault offenses. For example, suppose the accused is a clergyman who committed a sexual assault upon a child. In that case, the clergyman may still be charged up to 20 years after the victim’s 18th birthday.

Suppose the alleged perpetrator is a public servant who uses their position and coercion to make the victim comply with their demands. In that case, they may be charged with a third-degree felony, which is punishable by two to 10 years in prison and a fine of up to $10,000.

However, one of the most common forms of sexual assault involves rape. Any unwanted sexual conduct that occurs as a result of physical force or violence or with those who are unable to give consent because they are physically unable to resist or are unconscious is considered rape.

What is Aggravated Sexual Assault?

Aggravated sexual assault is one of the most severe crimes an individual can be charged with under Texas law. The Texas penal code classifies aggravated sexual assault as a first-degree felony. A sexual assault case becomes aggravated sexual assault when it is coupled with mitigating factors. Mitigating factors include:

• Serious bodily injury.
• Threat or use of a deadly weapon in the commission of the crime.
• Sexual assault with a minor who is under the age of 14.
• Sexual assault of a disabled or elderly person.
• Death threats
• Kidnapping
• Sex trafficking

Additionally, an individual who acts as an accomplice can face an aggravated sexual assault charge and be forced to comply with lifetime sex offender registration.

Aggravated sexual assault is a serious offense and requires help from an attorney who can provide you with quality legal counsel. Our sexual assault attorney has extensive experience and training in handling first-degree felony sex crimes and obtaining favorable results for clients.

What Are the Criminal Penalties for Sexual Assault Charges?

The criminal penalties in Texas for individuals convicted of sex crimes significantly vary depending on the circumstances of the case. In many cases, a sexual assault may be bumped up from a second-degree felony to a first-degree felony based on the victim’s age.

Penalties for felony sex crimes are severe under the Texas penal code, and in most instances, those convicted face mandatory jail or prison time. Felony sentencing guidelines for sexual assault include:

• First-degree felony: Punishable by 5 to 99 years or life in a Texas prison and a fine of up to $10,000.
• Second-degree felony: Punishable by two to 20 years in a Texas prison and a fine of up to $10,000.
• Third-degree felony: Punishable by two to 10 years in a Texas prison and a fine of up to $10,000.
• State jail felony: Punishable by 180 days in state jail and a fine of up to $10,000.

In addition, any individual convicted of a sex crime must comply with sex offender registration. In some cases, offenders must only have their name on the sex offender registry for 10 years. However, depending on the crime’s facts, others convicted must comply with lifetime registration requirements. The Texas sex offender registry is a public record easily accessible to potential employers, landlords, and family members.

Because of the long-lasting impact a sex crime conviction can have on you and your reputation, it is always in your best interest to hire a sexual assault lawyer who can act as your legal ally.

The Cory Roth Law Office is a client-centered law firm fully prepared to take your case to trial to help you protect your freedom and resume your life.

What Should You Expect During the Legal Process?

Grasping the legal proceedings can help reduce some of the stress linked to confronting sexual assault allegations. While each case is unique, there are common stages you can expect to encounter:

1. Arrest and Booking: If you are arrested, you will be taken to a police station for booking, where your personal information and fingerprints will be recorded.
2. First Court Appearance: At this stage, you will stand before a judge who will explain the charges against you and outline your rights. The judge may also determine bail at this time.
3. Preliminary Hearing: The prosecution must demonstrate that there is enough evidence to proceed with the case. Your attorney can challenge the evidence and argue for dismissal.
4. Arraignment: At this stage, you will declare whether you are guilty, not guilty, or wish to plead no contest. Your lawyer will help you make the most suitable decision.
5. Discovery and Pre-Trial Motions: Both sides exchange evidence and file motions to shape the trial. Your lawyer might submit requests to exclude evidence or drop charges.
6. Trial: Should the case proceed to trial, each party will present their case, including arguments, evidence, and witnesses. Your lawyer will represent you, striving to achieve either an acquittal or a reduction in charges.
7. Sentencing: If you are convicted, the judge will impose a sentence based on the severity of the offense and other factors. Your attorney can argue for leniency or alternative sentencing options.

How Can a Sexual Assault Defense Attorney Assist You?

Being accused of sexual assault is often a daunting and transformative experience. With so much at risk, navigating the legal process can feel overwhelming. In such situations, a skilled defense lawyer specializing in sexual assault cases is crucial. At the Cory Roth Law Office, we recognize the intricacies of these cases and are dedicated to crafting a strong defense strategy tailored to your specific circumstances.

A seasoned lawyer will carefully analyze the specifics of your situation, evaluating each piece of evidence and judging the reliability of witnesses. They will meticulously seek out any discrepancies or procedural mistakes that might benefit your case.

By doing so, they aim to undermine the prosecution’s case and enhance the chances of a favorable outcome.

Additionally, an experienced attorney will navigate the legal proceedings with you, making sure you understand your rights and choices at every step. They will advocate for you in court, engage in discussions with prosecutors, and, if needed, get ready for trial, all with the aim of securing the most favorable outcome for you.

Why Is It Important to Act Quickly When Charged with Sexual Assault?

Engaging a qualified defense attorney as soon as possible increases your chances of building a strong defense. Getting involved early enables your lawyer to secure important evidence, talk to witnesses while their recollections are still vivid, and create a detailed plan specifically designed for your situation.

Additionally, acting quickly can help mitigate the impact of the charges on your personal and professional life. An attorney can assist you with handling interactions with law enforcement, the media, and your employer, helping to protect your reputation and minimize potential damage.

What Are the Common Defenses Against Sexual Assault Charges?

When dealing with accusations of sexual assault, it is essential to examine every possible defense relevant to your situation. As every situation is unique, the approach to defense will vary based on the particular details of the supposed event.

Here are some common defenses that could be considered:

1. Consent: A frequently used defense in sexual assault cases is that the alleged victim consented to the sexual activity. This defense involves demonstrating that both parties willingly agreed to the encounter without coercion.
2. Mistaken Identity: In certain cases, the accused may assert that they were not the individual who committed the alleged act. This defense often relies on alibi evidence or challenges to the reliability of eyewitness testimony.
3. False Accusation: Unfortunately, false accusations can occur, sometimes driven by personal vendettas, misunderstandings, or other factors. A defense attorney will work to uncover any evidence suggesting the accusation is unfounded.
4. Lack of Evidence: The prosecution is responsible for proving the defendant’s guilt beyond a reasonable doubt. If there is insufficient evidence to support the charges, the defense can argue for the case to be dismissed.
5. Violation of Rights: Should law enforcement infringe upon the defendant’s constitutional rights during the investigation or arrest–perhaps through an illegal search or neglecting to issue Miranda warnings–the defense might attempt to have the evidence dismissed from the proceedings.

How Can You Choose the Best Sexual Assault Attorney for Your Legal Needs?

A sexual assault or aggravated sexual assault charge must be taken seriously. If convicted, you stand to lose your freedom, family, and reputation.

However, the Cory Roth Law Office understands that clients often make poor choices. Our sexual assault attorney, Cory Roth, is highly trained and has a proven history of using innovative strategies to help defend clients.

For example, the Romeo-Juliet law may be used to defend young adults charged with statutory rape as long as they are within three years of each other to have legal intercourse without facing criminal charges.

In cases of child sexual assault, our law offices may be able to poke holes in the prosecution’s case or negotiate to a lesser charge.

The Cory Roth Law Office strives to treat each client with the compassion and integrity they deserve. We also recognize how overwhelming and frustrating it is to know you are innocent of the crime and still face sexual assault charges.

How Can the Cory Roth Law Office Support You?

At Cory Roth Law Office, we focus on offering empathetic and efficient legal support to those dealing with sexual assault accusations. Our team recognizes the emotional and legal hurdles you are encountering and is devoted to supporting you every step of the way.

We take a client-centered approach, prioritizing your needs and concerns while developing a personalized defense strategy. Our goal is to protect your rights, reputation, and future by achieving the best possible outcome in your case.

If you are facing sexual assault charges, don’t hesitate to reach out to us. Contact the Cory Roth Law Office at 832-400-4133 to schedule a consultation and discuss your legal options. We are here to help you navigate this difficult time with confidence and support.