Sexual Assault

Boldly Defending Your Best Interests

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.


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Recent Case Results
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    Our client was charged with Assault Family Violence during an altercation with his girlfriend after a night out on 6th ...

  • Sexual Assault

    NOT GUILTY on Sexual Assault and two other lesser included charges. Our client said from day one he was an innocent man. ...

  • Sex Assault Investigation

    Our client had an affair with a married woman. When her husband found out, she accused our client of rape. She called ...

  • DWI .24 Blood Warrant

    Our client was an older male, working professional, and was stopped leaving downtown Round Rock for a traffic violation ...

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