Austin Sexual Assault Attorney
Defending Against Criminal Allegations of Sexual Assault in TX
A sexual assault allegation can ruin your reputation and strain relationships. On top of that, if you are convicted, you could be sentenced to years in prison, be subject to steep fines, and be required to register as a sex offender. With your future and freedom on the line, it’s crucial to have an experienced lawyer on your side to fight charges.
At Smith & Vinson Law Firm, our Austin sexual assault lawyers have years of experience handling complex legal matters and are practiced at developing effective defenses on behalf of individuals facing criminal accusations. We know that this can be a stressful and frightening experience, which is why we take the time to answer your questions, listen to your side of the story, and inform you of the potential outcomes. Our team will fight hard to minimize the effects of a conviction on your life.
Schedule your free consultation today by calling our Austin sexual assault lawyers at (512) 359-3743.
Sexual Assault Defined in Texas
In Texas, it is illegal for an individual to intentionally and knowingly subject another person to non-consensual and unwanted sexual contact.
Specifically, an individual could violate this offense if they:
- Penetrate the anus, sexual organ, or mouth of another person with their own sexual organ; or
- Make someone else’s sexual organ come in contact with or penetrate their own sexual organ, anus or mouth
Such acts are prohibited against both adults and children. It is not a defense under this law for the individual to say they didn’t know the age of the person they had sexual contact with.
What Is Consent Under Texas Law?
The law states that if a person uses physical violence or threats to compel, force, or manipulate another individual into participating in sexual conduct, the actor does not have consent for the act. Additionally, if a person is unconscious or physically unable to refuse, they cannot give their permission to be involved in sexual activity. Also, people in certain occupations who use their status to exploit the vulnerabilities of another for sex, cannot be said to have received consent for the act.
Such individuals include:
- Public servants,
- Mental health providers, and
- Employees of facilities where an alleged victim lives
Potential Sexual Assault Conviction Penalties in Texas
Sexual assault is charged as a second-degree felony.
The penalties for a conviction include:
- Up to 20 years in prison
- Up to $10,000 in fines
- Lifetime registration as a sex offender
If the individual sexually assaulted someone they were prohibited from marrying, the level of offense could be elevated to a first-degree felony.
Violators could face the following penalties:
- Up to 99 years in prison
- Up to $10,000 in fines
- Lifetime registration as a sex offender
Retain the Services of Our Seasoned Austin Sexual Assault Lawyers
The consequences of a sexual assault conviction could follow you around long after you served your time and paid your fines. You might have difficulty finding housing, getting a job, or obtaining credit. Additionally, because of the sex offender registry requirement, you might be limited in where you can go and whom you can contact.
Our Austin attorneys for sexual assault charges at Smith & Vinson Law Firm will review the prosecutor’s evidence to identify flaws and weaknesses. We will seek to get the case dismissed or charges dropped.
To discuss your case during a free consultation, call our Austin sexual assault lawyers at (512) 359-3743 or contact us online.
Our Client Reviews
Earning Our Reputation by Protecting Yours
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Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.- Linda W.
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What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.- Former Client
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When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.- Nikki C.
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After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.- Former Client
A Proven Track Record
Check Out Our Recent Case Results
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Case Dismissed Assault with a Deadly Weapon
Our client, a retired Marine, was out with some friends one night when he got into a fight at a gas station. He allegedly pulled out a knife and left the scene. Moments later, law enforcement pulled him over. He was charged with misdemeanor DWI, felony Assault with a Deadly Weapon, and two counts of felony Terroristic Threat.
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Not Guilty DWI .24 Blood Warrant
Our client was an older male, working professional, and was stopped leaving downtown Round Rock for a traffic violation in March 2019. Major issue with the way blood was analyzed by the DPS analyst (she had prior disciplinary history as well).
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Case Dismissed; Charges Reduced Two Counts of Sexual Assault of a Child and Four Counts of Indecency w/ a Child
Our client was indicted on two counts of sex assault of a child and four counts of indecency with a child. Our client confessed to the offense and there was substantial physical evidence corroborating that confession. The State aggressively prosecuted this case and sought significant prison time.
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Case Dismissed Invasive Visual Recording
Our Client was an active duty soldier proudly serving in the United States Military. He was wrongfully accused with Invasive Visual Recording. Any charges filed against an active duty soldier requires specialized attention to certain details.
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Charges Dismissed Sexual Assault Investigation
Our client was a Texas State student who had a bright career ahead of him. He was accused of sexual assault by a classmate and an overzealous law enforcement officer proceeded to arrest him without a thorough investigation. Our team was able to fight for our client by putting together a defense that showed that the actions between the two were consensual and that his accuser had ulterior motives. The District Attorney's Office agreed and dismissed the case.