Texas Attorney Defends Against Aggravated Sexual Assault Charges

Board-certified criminal defense lawyer protects your due process rights

A sexual assault conviction can mean not only a lengthy prison term but also a lifetime of registration as a sex offender, with resulting exclusion from jobs, housing and other societal resources. The stakes are even higher for a conviction of aggravated sexual assault, which involves additional factors that make the crime punishable more severely. At the Law Offices of Kevin Collins, P.C., you’ll get capable representation from a board-certified criminal defense attorney with more than 30 years of experience. Mr. Collins will thoroughly analyze the case against you and work to achieve the best possible resolution.

Aggravating factors for sexual assault under Texas law

The Texas Penal Code defines assault as:

• Intentionally, knowingly or recklessly causing bodily injury to another person
• Intentionally or knowingly threatening another with imminent bodily injury
• Intentionally or knowingly causing offensive or provocative physical contact with another

When the contact, harm or threat to do harm is of a sexual nature, the offense is sexual assault. The assault is aggravated when other circumstances — known as enhancement factors — exist, such as:

• Use of a weapon — Showing, brandishing or using a weapon to accomplish the offense. It is not necessary to actually use the weapon to cause physical harm.
• Use of drugs — Drugging a victim to prevent resistance
• Age of the victim — Sexually assaulting someone who is below the age of consent (14 years) or someone who is considered elderly
• Status of the victim — Committing a sexual assault against physically, mentally or developmentally disabled people
• Acting with an accomplice — When more than one person engages in a sexual assault

Prosecutors must prove every element of the charges, including the aggravating factors. Attorney Collins challenges the state’s evidence to raise doubt with a view to securing a favorable outcome.

Penalties for aggravated sexual assault in Texas

As with all violent crimes, a sex assault with an aggravating factor draws more severe penalties. In most cases, sexual assault is a second-degree felony, carrying a sentence of two to 20 years in prison and a maximum fine of $10,000.

However, aggravated sexual assault is a first-degree felony, with a minimum imprisonment of 25 years, if the victim is younger than six years old or if the victim is younger than 14 years old and one or more of the following occurred:

• The offender exhibited or used a deadly weapon.
• The victim sustained significant injuries.
• The offender used drugs to accomplish the crime.
• The offender tried to kill the child.

Because the penalties are so severe, you should only trust your case to a board-certified criminal defense attorney with experience in this area of law.

Contact a board-certified criminal defense lawyer for aggravated sexual assault cases in San Antonio

The Law Offices of Kevin L. Collins, P.C. in San Antonio provides an aggressive defense to aggravated sexual assault charges. To schedule a consultation, call us at 210-598-8629 or contact us online. We are conveniently located at the IBC Centre, 130 East Travis Street, easily accessible from I-35 and I-37.