A sexual assault conviction can ruin your life. You’ll face time in prison, fines, humiliation, and maybe even the loss of family and friends. But remember, a charge or arrest is not the end of the line for you. Montgomery County sex crime lawyer Jay Blass Cohen and the Blass Law team are here to fight for the best outcome.
Call Blass Law today.
Examples of Situations that Could Lead to Sexual Assault Charges in Texas
Texas defines sexual assault as:
Someone “knowingly or intentionally” committing a sexual act without the other person’s consent. Examples of situations that could lead to sexual assault charges include:
- The alleged victim claims you used violence, coercion, or force or threatened to do so.
- The alleged victim was unable to consent due to incapacity of some kind (e.g., mental illness, cognitive impairment, they were unconscious, they were unable to resist physically).
- The alleged victim was unaware the sex act was taking place and did not consent.
- The alleged victim claimed you threatened to hurt a third party if the victim did not submit to the sexual act.
- You are a public servant who coerced the alleged victim.
- The alleged victim claimed you drugged them.
- The alleged victim is your current or former patient.
- You are a member of clergy or a spiritual advisor who the victim claims exploited your relationship.
- The alleged victim is a resident at a facility where you work, and you are not married.
- The alleged victim claims you used semen they did not consent to receive during an assisted reproductive procedure.
- The alleged victim of the sexual assault is a minor.
However, you can minimize the consequences if you have a Montgomery County criminal defense lawyer who will protect your legal rights and reputation.
Penalties for Sexual Assault in Texas
Sexual assault is a second-degree felony under Texas law. You could face:
- 2 to 20 years in prison
- $10,000 in fines
This offense can be elevated to a first-degree felony in certain cases. A first-degree felony conviction comes with:
- 5 to 99 years in prison
- $10,000 in fines
You must also abide by the regulations for sex offender registration, found in Article 62.001 of the Texas Code of Criminal Procedure. Being on the sex offender registry will negatively affect every aspect of your life.
These are only the legal penalties. You’ll likely also:
- Face humiliation and irreparable damage to your representation, regardless of whether you are convicted or not
- Lose family and friends
- Be unable to live where you want
You might also lose your job and/or be unable to find a new one. Your school may rescind your admission or kick you out.
You must do everything you can to avoid conviction. The first thing on your list should be calling Montgomery County sexual assault defense lawyer Jay Cohen.
Why You Want Jay on Your Team
Inexperienced lawyers or those with little criminal defense experience don’t know how to handle sexual assault defense cases. Jay does. Jay has spent the past 15 years keeping innocent people innocent and defending others who know they made mistakes.
We’ve always been defenders; we didn’t start as prosecutors and then switch sides. This makes us always a step ahead of the prosecution and its arguments. We know how to poke holes in the other side’s arguments, and that’s what we do.
Defenses Against Sexual Assault Charges in Montgomery County
Jay will look into your situation and determine the best defense for you. This may include:
- Alibi: If we can prove you were somewhere else when the alleged crime took place, we can get your charges dropped.
- Mistaken identity: The victim may have been assaulted but not by you. We can prove they mistook you for someone else.
- False claim: We may be able to prove the alleged victim lied about the encounter.
- You believed you had consent: In some cases, you may have had sexual contact with the alleged victim but believe they had given you consent. We can look into your case to determine how we can establish this.
- Procedural errors: If law enforcement or the prosecution made any mistakes that violated your rights, we may be able to get your charges dismissed.
- Cops violated your rights: If the police did not read you your rights or didn’t allow you to call your lawyer, we can get all illegally obtained evidence suppressed and potentially, your case dismissed.
- Mental incapacity: You did not understand the nature of your actions due to mental illness or cognitive impairment.
Potential Outcomes in a Sexual Assault Defense Case
We always fight for the best possible outcome in your case. Depending on your case, we may be able to:
- Get your charges dismissed: If you get us involved early enough, we might be able to get the prosecution to drop your charges entirely. This is more common if we can prove your alibi or establish that law enforcement violated your rights.
- Get your case no-billed by the grand jury: The grand jury may determine that there is not enough evidence to charge you with sexual assault.
- Get an acquittal: The jury finds you not guilty.
- Get reduced charges: In some cases, it’s best for you to plead guilty to lesser charges.
What to Do If You Are Arrested for Sexual Assault
If you are arrested for sexual assault, there are a few things to do to protect your freedom and your future:
Do not resist arrest. Go with officers calmly. Be polite and, if possible, remember the officers’ names for later.
- Tell law enforcement officers you want a lawyer immediately. They’ll tell you that only guilty people get lawyers, but that’s not true. Smart people, innocent or not, get lawyers when they’ve been arrested for a life-changing felony offense. Call Jay as soon as possible.
- Do not agree to be interviewed without your attorney present. Tell the police that you will not speak with them without our team present.
- Do not take place in a line-up without your attorney. We can protect you during the proceedings.
- If you think your rights have been violated, keep a mental note to tell Jay. Once you are able, write down everything that occurred during the arrest. We may be able to establish procedural errors or rights violations.
Get Help from Our Montgomery County Sexual Assault Lawyer Today
You don’t want to place your future and freedom in the hands of just any lawyer. Criminal defense attorney Jay Cohen takes your freedom and future seriously. He’ll investigate your case and determine the best defense and course of action. If you were arrested or are facing sex crime charges, call us today for a confidential consultation.