Aggravated Sexual Assault of a Child Lawyer in Houston, Texas

Aggravated sexual assault of a child is a serious crime in Texas. And the state does not hesitate to give out harsh punishments for it.

On top of jail time, you might have to register as a sex offender for life. This limits your job prospects and makes it hard to find a place to live. You need to treat accusations seriously and don’t try to handle a police interview or statement alone. Speak to a Houston child sexual assault lawyer about your rights and options.

Call the Law Offices of Ned Barnett at (713) 222-6767 to schedule a free and confidential consultation.

What Is Aggravated Sexual Assault of a Child?

Aggravated sexual assault of a child is different from other sex crimes like indecency, molestation, statutory rape, and continuous sexual abuse.

Texas Penal Code states that sexual assault becomes aggravated sexual assault of a child when a person intentionally, knowingly, or recklessly causes or threatens harm to someone age 14 and under through a sexual attack, without consent and with an aggravating factor. These aggravating factors include:

• Using a weapon to cause bodily harm while committing the crime
• Threatening violence through either words or actions
• The mental/physical status of the victim
• Using drugs to impair the victim’s judgment and ability to resist

Penalties for Aggravated Sexual Assault of a Child

Texas hands down harsh penalties for those convicted of aggravated sexual assault of a child and other sex crimes.

The Criminal Penalties

As a first-degree felony, a conviction for aggravated sexual assault of a child ranges from 5-99 years of imprisonment; and a maximum fine of $10,000. The minimum sentence increases to 25 years imprisonment if the victim is under six years old or younger than 14 if the offender

• Commits serious bodily injury or attempts to cause the death of the victim or another person
• Threatened or put anyone in fear that any person will be forced into prostitution or trafficked,
• Used or exhibited a deadly weapon.
• Administered or provided to the victim any substance capable of impairing the victim’s ability to appraise the nature of the act or to resist the act;
• Acted in concert with a person who committed a sexual assault.

Is Jail Mandatory Aggravated Sexual Assault of a Child?

Not always. Based on the circumstances, you can potentially plead to a lesser crime and get probation or a suspended prison sentence. You can also volunteer to take diversion classes, participate in home detention, or attend therapy to increase your odds of avoiding time behind bars.

Will You Have to Register as a Sex Offender?

Again, not always. This will depend on which charges you are ultimately convicted of. However, sex offenses that are deemed violent and involve children require sex offender registration.

Being Investigated for Aggravated Sexual Assault of a Child

If you are arrested and charged with aggravated sexual assault of a child, do not give any statements to the police. Instead, immediately ask to have a lawyer present and say nothing until one arrives.

Also, do not contact the victim or their family. Even if you believe their claims false, do not try to solve the situation alone. Police and prosecutors try to get the accused to make damaging statements, and what you say now can be misconstrued later in the investigation.

Why You Need a Defense Lawyer

A knowledgeable and experienced child sex crimes lawyer will know how to give you the best possible defense. They will analyze your situation and see which strategy should be applied to your case.

Defenses to Aggravated Sexual Assault of a Child

While such allegations can be incredibly damaging and hurtful, there are many possible defenses your lawyer can use to protect you, including:

• Mistaken identity – You are not the person who committed the crime
• False accusations – The accuser is making up the crimes or was coached to do so
• Inaccurate Evidence – The police gathered insufficient or faulty evidence against you.
• The Charge Does Not Meet the Elements – The facts do not support a charge of aggravated sexual assault of a child
• Insanity – You have a mental condition that prevents you from knowing right from wrong

Call a Houston Child Sex Crime Lawyer

Aggravated sexual assault of a child is a serious charge that needs serious defense. If you are facing a child sex crime accusation, a skilled criminal defense lawyer can work to protect your rights, challenge the evidence, build your defense, and ultimately tell your version of events.

In over 30 years of practice, attorney Ned Barnett has helped many people in situations like this. To speak with an experienced criminal defense attorney, contact The Law Offices of Ned Barnett at (713) 222-6767.

Initial consults are free and confidential.