If you are facing allegations of aggravated sexual assault throughout the Dallas / Fort Worth metroplex, you are probably wondering how you will impacted by the accusations, what penalties you could possibly face, and where you can turn for help. An experienced criminal defense lawyer in Dallas can help you identify your best legal defense and make every effort to help you achieve the best possible outcome for your particular situation.
Unfortunately, even accusations of aggravated sexual assault can negatively affect your personal and professional reputation. Additionally, a conviction for aggravated sexual assault can result in very serious consequences, such as prison time, a criminal record, requirements to register as a sex offender for life, and hefty fines. Therefore, it is essential contact an experienced Dallas criminal defense attorney as early in the criminal process as possible.
Dallas Aggravated Sexual Assault Lawyer
If you have been charged with an aggravated sexual assault offense in Dallas, or any of the surrounding areas in Texas, including Garland, Irving, Grand Prairie, Denton, Plano, McKinney, Fort Worth, Rockwall, Johnson, Wise, Ellis, Arlington, Mesquite, Carrolton, Richardson, Lewisville or Frisco, contact Law Offices of Richard C. McConathy.
Attorney Richard McConathy is knowledgeable in all areas of Texas’ sex crimes laws and will make every effort to fight the allegations against you. Call Law Offices of Richard C. McConathy for a free consultation at (972) 233-5700 about your alleged aggravated sexual assault.
Aggravated Sexual Assault in Dallas
An individual can be charged with aggravated sexual assault under Tex. Penal Code § 22.021, if they commit a sexual assault offense and:
- Cause serious bodily injury or attempt to cause the death of the victim during the sexual assault;
- Is an accomplice to anyone committing a sexual assault offense;
- The victim is disabled or elderly;
- The victim is younger than 14;
- Threaten to cause death, serious bodily injury or kidnap any person, including the victim;
- Uses a deadly weapon during the commission of the sexual assault;
- Uses certain intoxicants or controlled substances, including gamma hydroxybutyrate, roofies, the Date Rape drug, GHB, rohypnol, flunitrazepam,Special K, or ketamine during the commission of the offense; and/or
- Verbally or through actions causes the victim to be fearful death, serious bodily injury, or kidnapping will occur.
An individual commits sexual assault for the purpose of aggravated sexual assault if they intentionally or knowingly and non-consensually penetrate the anus or se organ of another person by any means; penetrate the mouth of another person with a sex organ; cause contact or penetration of the sex organ of another person with the mouth, anus or sex organ; penetrate a child’s mouth with a sex organ, cause a child’s sex organ to contact or penetrate another person’s mouth, anus or sex organ; cause a child’s mouth to contact the sex organ or anus of another person; and/or cause a child’s anus to contact the mouth, anus or sex organ of another person.
A child for the purpose of sexual assault and aggravated sexual assault is anyone under the age of 17.
Mental States Required for Aggravated Sex Assault in Dallas
In order to be convicted of an aggravated sexual assault offense, the individual must have a certain state of mind, or act intentionally or with knowledge. This is an essential element to the offense, and if the prosecutor is unable to prove the alleged offender had the required mental state beyond a reasonable doubt, the charges may be reduced or even dismissed. An individual’s mental state is unique to that person, so this can be very difficult for the prosecutor to prove. According to Tex. Penal Code § 6.03, these mental states are defined as:
An individual acts intentionally if they commit an aggravated sexual assault offense and it is in their conscious objective or desire to participate in the conduct or cause the conduct’s result.
An individual acts knowingly, or with knowledge, if they commit an aggravated sexual assault offense and they are aware their conduct is reasonably definite to cause the conduct’s result.
Dallas Penalties for Aggravated Sexual Assault
Aggravated sexual assault offenses are generally punishable as a felony of the first degree. This degree of offense can result in five to 99 years in prison or life imprisonment and/or a fine up to $10,000.
However, if the victim was under the age of six at the time of the offense, the alleged offender must face a minimum term of imprisonment for 25 years instead of five years.
Additionally, if the victim was under the age of 14 at the time of the offense, and the alleged offender:
- Used a weapon during the commission of the offense,
- Used any of the intoxicants or controlled substances listed above, or
- Caused, attempted or threatened to cause death or serious bodily injury to the victim,
The alleged offender must face a minimum term of imprisonment for 25 years instead of five years.
Anyone convicted of aggravated sexual offense is also required, under Chapter 62 of the Texas Code of Criminal Procedure, to register as sex offender for life with their local law enforcement authority.
Law Offices of Richard C. McConathy | Fort Worth Aggravated Sexual Assault Attorney
Contact Law Offices of Richard C. McConathy today for a consultation about your aggravated sexual assault allegations throughout Dallas County in Texas. Richard McConathy is an experienced Dallas sex crimes lawyer who will make every effort to find defenses or mitigating factors to have your charges reduced or even dismissed.
Complete an online form or call (972) 233-5700 right now for a consultation about your alleged aggravated sex assault throughout Dallas County in Texas and the surrounding counties of Denton County, Collin County and Tarrant County.