Sexual assault is a very serious criminal offense. It is a life altering charge that could result in felony punishment as well as requiring one to register as a sex offender. In addition to the possible outcome, the charges carry such a stigma that can one's life to be turned upside down, even when the alleged perpetrator has not been proven guilty. Anyone charged with a sexual assault should consult with a knowledgeable Sugar Land criminal lawyer to help defend them. Sexual assault is the crime most commonly associated with "rape." However, intercourse is not a required element. According to Texas Penal Code Section 22.011, sexual assault is defined as intentionally or knowingly causing any of the following: • The penetration of the anus or sexual organ of another person by any means, without the person's consent; • The penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or • The sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor.
Sexual assault is one of the most severely punished crimes. If you've been charged with a sexual assault it is important that you consult with a Sugar Land criminal lawyer about your case. Generally, sexual assault is a second degree felony. Like other second-degree felonies, the punishment can range from two to twenty years of prison. However, aggravated sexual assault is a first-degree felony. The punishment for first degree felonies ranges from life imprisonment, to five to ninety nine years in prison.
Aggravated sexual assault can be thought of a sexual assault that usually occurs under violent circumstances. Texas Penal Code Section 22.021 states that a sexual assault will be considered aggravated sexual assault if the perpetrator in addition to committing the above elements of sexual assault also:
•· Causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
•· Places the victim in fear of imminent infliction of death serious bodily injury, or kidnapping through their words or actions;
•· Threatens to cause the death, serious bodily injury, or kidnapping of any person;
•· Uses or exhibits a deadly weapon during the course of the sexual assault;
•· Acts together with another individual who is engaging in an assault directed towards the same victim;
•· Administers any of the following drugs: rohypnol, gamma hydroxybutane, or ketamine to the victim with the intention of facilitating a sexual assault; or
•· Commits a sexual assault on a victim younger than 14 years of age, an elderly person, or disabled person.
Have you been charged with sexual assault? If so, you should contact an experienced Sugar Land criminal lawyer to protect your rights. Call the law office of John Venza to schedule a free case evaluation.