Dallas Sexual Assault Defense Lawyer

If you’ve been accused of committing a sex crime in Texas, having an experienced Dallas sexual assault defense lawyer by your side is key to protecting your future. At Edgett Law Firm, we have over 22 years of experience defending clients accused of sexual assault and other sex crimes.  

We offer a free consultation so there’s no risk in getting our opinion about your case. To learn more about how we can put our experience and resources to work in your case, call our law offices to schedule your consultation today.

How an Experienced Sexual Assault Defense Lawyer Can Fight the Charges Against You

When facing Dallas sex crimes charges, don’t underestimate the importance of choosing the right lawyer. Make no mistake, if you are being investigated for rape or have already been charged, your future is on the line.

At Edgett Law Firm, we believe that every client deserves the most aggressive defense possible. When choosing your Dallas criminal defense lawyer, it’s important to find one who has experience handling cases like yours. 

We focus exclusively on criminal cases. We know the types of strategies and evidence that can work to your advantage. When you choose our law firm, you can expect a lawyer who will:

  • Conduct a comprehensive investigation
  • Work with investigators and respected experts to find out what really happen
  • Challenge witness testimony that may be based on false allegations
  • Negotiate with prosecutors to try to get your charges reduced or downgraded if possible
  • Work closely with you to help you understand the consequences of accepting or declining any available plea offer
  • Help you make the difficult decisions along the way so that you have the information you need to make the best choice for you

Defending against sexual assault charges is always complex. You need a lawyer who is cut out for the job. Public defenders and inexperienced lawyers are often overwhelmed in complicated sexual assault cases. 

It’s important to make sure that your lawyer has experience and a reputation for success in the courtroom.

Our lawyers have been defending clients in Dallas for over two decades. We know how to spot a constitutional violation and poke holes in the prosecutor’s case. 

If you’re interested in learn more, our lawyers in Dallas would be happy to arrange a free consultation to discuss legal advice for any individual accused of a sex crime. The information below is for general informational purposes only.

Texas Law on Sexual Assault

Although this information is not intended to constitute an attorney-client relationship, it’s important to have the facts when you’re facing sex crime charges. 

To convict on sexual assault charges, the prosecution must prove each element of the offense beyond a reasonable doubt. Our lawyers are experienced in handling all types of sexual assault cases, including:

The basic sexual assault offense is defined in Section 21.011 of the Texas Penal Code. A person commits sexual assault if the person knowingly or intentionally did one of the following:

  • Penetrated the sex organs or anus of the victim by any means without the victim’s consent
  • Penetrated the victim’s mouth with the defendant’s sex organ without the victim’s consent
  • Caused the sex organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sex organ of another person, including the defendant

Regardless of whether the person knew the child’s age at the time of the offense, it is also sexual assault to:

  • Cause the penetration of a child’s sex organ by any means
  • Cause a child’s sex organ to penetrate or come into contact with the mouth, anus or sex organ of another person, including the defendant
  • Cause the anus of a child to contact the mouth, anus, or sex organ of another person, including the defendant
  • Cause a child’s mouth to contact the anus or sex organ of another person, including the defendant

Lack of consent and the actor’s intent are two key elements in most sexual assault cases.

Lack of Consent

Establishing a lack of consent is a key hurdle that the prosecution must overcome to convict on sexual assault charges. The law outlines a number of circumstances where consent can be found lacking. For example, the lack of consent happens when:

  • The defendant used physical force, violence, or coercion
  • The defendant forced participation in the sexual acts by threatening physical force or violence, if the victim believed the defendant had the ability to follow through
  • The defendant knew that the victim was unable of consent, whether because of a mental disability or because the defendant intentionally impaired the victim
  • The actor was a public servant who coerced the victim to participate

Acts committed by those in a position of power, such as clergymen or mental service providers, can also support sexual assault charges.

Knowledge and Intent

The prosecution must also prove that you acted intentionally or knowingly. A person’s acts are intentional when it was their conscious objective to cause the outcome that happened. “Knowledge” can be shown by proving that the defendant was aware that the conduct would be reasonably likely to cause the outcome.

When is Sexual Assault Aggravated to a First-Degree Felony?

Sexual assault is usually a second-degree felony. The charges can be aggravated to a first-degree felony if the prosecution can establish all the elements of sexual assault, plus one of the following:

  • The defendant caused serious bodily injury or tried to cause the victim’s death
  • The defendant, whether using words or otherwise, caused the victim to believe someone else would be seriously hurt or killed
  • A deadly weapon was used in committing the offense
  • The victim was disabled, elderly or a child under the age of 14
  • The defendant used the date rape drug

Aggravated sexual assault can also subject the defendant to mandatory minimum sentencing requirements. If the victim was a young child, a mandatory 25-year prison sentence may apply.

What are the Punishments for Sexual Assault in Dallas, TX?

A sexual assault conviction will almost always result in significant financial fines and a lengthy prison sentence, as follows:

  • Between two and 20 years in prison for a second-degree felony, and up to $10,000 in fines
  • Between five and 99 years in prison for a first-degree felony, and up to $10,000 in fines

In addition to prison, you’ll also have to deal with the reputational damage that a sexual assault conviction carries. Most sex offenders are also required to register with state law enforcement authorities once they’ve completed their prison term.

Texas Sex Offender Registry

If you’re convicted of sexual assault, you’ll be required to register as a sex offender. That means you’ll have to provide personal information to the local police. That information can be made public and make it very difficult to find a job or housing. 

After you’ve completed your punishment, you’ll be required to register and provide the following types of information:

  • Your name and address
  • Race and gender
  • Your date of birth
  • Vehicle information
  • Details about your conviction, including the circumstances surrounding the crime
  • The age of the victim
  • A recent photograph
  • Fingerprints 
  • Employment information
  • Your sentence

Your neighbors and friends will be able to access this information. You’ll also have to update local law enforcement every time you move. Failure to register is a felony in itself.

Our Lawyers Fight to Minimize the Consequences in Sexual Assault Cases

Every sexual assault case is different. At Edgett Law Firm, our criminal defense attorneys personally handle every aspect of your case. We tailor every case to the individual case or situation. Possible approaches for building a strong defense strategy include:

  • Innocence defenses. Common defense strategies founded on your innocence include alibi defenses, mistaken identity, and evidentiary problems.
  • Tainted evidence. If the prosecution has hard evidence in your case, we can work to show problems with how that evidence was obtained or stored.
  • Motive to lie. Many sex offenses are based on witness testimony. If the victim had a motive to lie, we’ll find out and use that to challenge the witness’ credibility.
  • Lack of scientific evidence. The state will sometimes charge someone with sexual assault without any hard evidence. For example, if the medical exam of the victim did not show any injuries, that might be enough to create doubt as to whether the assault ever happened. 

We’ll also look at how the prosecution obtained the evidence supporting the charges. If your constitutional rights were violated, we can file a motion to suppress any illegally obtained evidence or statements. Once the evidence is thrown out, we can argue to have your charges downgraded or even dropped entirely.

Contact an Experienced Dallas Sexual Assault Defense Lawyer for a Free Consultation Today

If you are being investigated for sexual assault, it’s important to take action now. Our experienced criminal defense attorneys at Edgett Law Firm are ready to begin preparing an aggressive defense on your behalf. 

To learn more, schedule a free consultation with an experienced Dallas sexual assault defense lawyer today. We represent clients across Dallas County and North Texas.