Dallas Sexual Assault Attorneys
Protecting Our Your Rights, Freedom, and Professional Reputation
If you have been accused of sexual assault, you must hire a skilled criminal defense attorney immediately. Texas prosecutors take a tough stance on sexual assault cases and aggressively pursue criminal charges.
Even allegations of sexual abuse by a victim can have a negative life-changing impact on an alleged offender. Individuals convicted of sexual assault may face lengthy prison sentences, hefty fines, and being forced to register as a sex offender.
Palmer Perlstein understands that not all defendants are guilty of the sex crime allegations they are facing. Our dedicated team of legal professionals has extensive experience helping clients deal with false accusations and is committed to obtaining favorable results.
Contact Palmer Perlstein immediately at our Dallas law offices and ask to schedule a confidential consultation with an experienced attorney who will professionally evaluate your case.
How are Sexual Assault Cases Charged Under the Texas Penal Code?
The Texas Penal Code defines sexual assault as when an alleged offender has unwanted contact that involves penetration without the other person’s consent. Under Texas law, penalties for sexual assault carry severe legal consequences for offenders.
How sexual assault crimes are charged often depends on the circumstances involved and the defendant’s prior criminal history. Texas charges sexual assault in the following ways:
- First-degree felony: Sexual assault that is perpetrated against a minor or any individual who cannot give consent
- Second-degree felony: Sexual assault that may involve caressing, kissing, intercourse, or oral sex. However, unlike a first-degree felony, both parties can provide consent
- Third-degree felony: Sexual assault against a victim under age 16 or if the alleged offender is related to the victim
A defendant may be charged with aggravated sexual assault, also a first-degree felony, if specific legal elements are present, which include:
- The alleged offender threatened the victim with a weapon or made them fear for their life
- The victim was under the age of 14 or was mentally disabled
- The victim experienced bodily injury
- The perpetrator used date rape drugs
- Had a co-conspirator
If you still need clarification regarding how Texas law charges sexual assault offenses, contact our Dallas County law offices to schedule a consultation to learn more.
What are the Sentencing Guidelines for Texas Sexual Assault Convictions?
Texas is well-known for the harsh penalties imposed on defendants convicted of sexual assault. Depending on the factors involved, many sexual assault cases are prosecuted as second-degree felonies. A second-degree felony related to sexual assault is punishable by a two to 20-year prison sentence and a $10,000 fine.
A third-degree sexual assault conviction is punishable by a two to 10-year prison sentence and a $10,000 fine.
However, the Texas Penal Code stipulates that individuals convicted of first-degree sexual assault should be sentenced to a 5 to 99-year prison sentence and a $10,000 fine. In addition, those convicted of first-degree sexual assault will be required to register with the Texas Department of Public Safety (“TXDPS”) on the sex offender registry.
Even after an offender serves their time in prison, they may still be required to fulfill the terms of parole or probation that are common with a sex crime conviction. Furthermore, any felony conviction can have lifelong consequences and impact an individual’s ability to legally purchase and own firearms, vote, hold a professional license, obtain gainful employment, serve in the military, or find suitable housing.
Our Dallas criminal defense attorney will fight to protect your legal rights while building a solid defense strategy on your behalf.
What are Common Legal Defense Strategies That are Used to Fight Sexual Assault Charges?
If you are facing sex crime allegations, it is essential to know that, unlike other criminal charges, the prosecution has a lower burden of proof. A state prosecutor must only prove that it is highly likely that the alleged offender committed the sexual abuse or assault rather than prove their case beyond a reasonable doubt.
For this reason, defendants must have experienced legal counsel who understands what it takes to win cases. Some common defense strategies include:
- The alleged victim consented to the sexual contact
- The defendant has a solid alibi for where they were at the time of the crime, which can be verified through witness testimony, video surveillance, or receipts
- Forensic evidence provided through DNA samples proves the alleged defendant is innocent of the crime
- The alleged victim made false allegations against the defendant
- Mental illness or incapacity when the defendant admits to the sexual assault charges but, due to their condition, cannot be held liable for the crime. However, a skilled defense attorney must be able to prove several legal elements to the court
It is important to note that not all defense strategies are appropriate for all sexual offenses and will vary depending on the facts and evidence.
Why Should I Trust Your Dallas Sexual Assault Lawyer to Defend My Case?
If you or a family member are facing charges that could result in a sex crime conviction, you cannot risk giving your case to an attorney who lacks the experience it takes to win. Even though many defense lawyers claim to have the qualifications to handle criminal cases involving sexual assault, few have the experience needed to obtain favorable results.
Our founding partner, Scott Palmer, has in-depth experience handling sex crime cases, and our legal team also includes a former state prosecutor. When we agree to take your case, we do not make judgments but instead focus on defending your rights, freedom, and professional reputation.
We ensure that you understand the legal process, and we will act as your legal advocate as we fight to have your case dismissed or plea bargained down to a lesser charge.
Contact Palmer Perlstein at our Dallas law offices by calling (469) 966-7614 and ask to schedule a confidential consultation so that we may review your case.