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Sexual Assault Attorney in Dallas, Texas

Sexual assault charges in Dallas, Texas—or anywhere else in the state—can have very serious implications. Even allegations of rape or sexual assault can carry swift, yet far-reaching consequences for the accused.

According to Texas Penal Code sections 22.011 and 22.021, sexual assault, also called rape, is defined as nonconsensual, undesired contact and/or penetration of a sexual nature. (For a full list of prohibited sexual activities, visit Texas’s sexual assault statute.)

If you or someone know is facing sexual assault charges in Dallas, Texas, please read this article carefully and contact an experienced Dallas criminal defense attorney immediately. Time is not on your side. As you read this, prosecutors are working to build their case against you, so make sure someone is building a case for you.

Is sexual assault a felony or a misdemeanor?

The most common question about sexual assault charges in Texas is about severity. Sexual assault is considered a second-degree felony. If the victim is or was under 14-years-old, elderly, mentally or physically handicapped, seriously injured, or abducted, the charge may be increased to that of aggravated sexual assault, which is a first-degree felony. The charge can also be bumped up to a first-degree felony if the victim received death threats or if the situation involved a “date rape drug” or deadly weapon.

Consent & Sexual Assault Charges

The biggest factor in determining for a sexual assault charge is consent. It’s important to understand how the law defines consent for sexual assault charges in Texas.

  • Physical force or violence was used in the act
  • The threat of violence or force was presented, and the alleged victim believed the threat was real
  • The alleged victim was unconscious or physically unable to resist, with or without a threat being made
  • The alleged victim was deemed incapable of determining consent or was incapable of resisting due to mental disease, with or without a threat being made
  • The alleged victim did not provide consent and the actor in question knew the alleged victim was incapable of determining the situation
  • The alleged victim’s capabilities were altered by the actor in question, via chemicals or controlled substances without the victim’s knowledge

Allegations & Sexual Assault in Texas

Sexual assault charges carry an extreme social stigma. The mere presence of sexual assault allegations tend to have professional and social repercussions to the individual’s life. Allegations now often result in dismissal or pressure to resign for professionals.

Furthermore, sexual assault in Texas is a unique area of the law where prosecutors may also bypass due process to obtain a quick conviction based on social pressure. To defend your freedom and reputation against sexual assault charges in Texas, it is of the highest importance you have aggressive legal defense on your side.

Punishment for Sexual Assault Charges in Texas

Sexual assault punishment includes spending between 2 and 20 years in prison and paying up to $10,000 in fines. If your charge is elevated to a first-degree felony, you could be facing 25 to life in prison and a fine up to $10,000.

Dallas’s Driven Criminal Defense Attorney

If you have been charged with sexual assault in Texas, then you’re probably worried for your future and your reputation. At The Wilder Firm, Doug Wilder understands your concerns and will use his experience as a former prosecutor to fight for your freedom and standing. Contact attorney Doug Wilder at 214-741-4000 or request a free consultation today.

NOTE: This information is not legal advice. It is provided for educational use only. If you need legal advice regarding sexual assault or rape offenses in the State of Texas, contact Doug Wilder at 214-741-4000 or request a free consultation.

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