If you’ve been accused or charged with sexual assault in Texas, you’re probably now wondering what sorts of penalties you may be facing. Under Texas law, the punishment for a sexual assault charge can vary widely depending on the severity of the offense and any aggravating factors. While the charges for sexual assault can be as high as a first-degree felony, they’re frequently lower.
Keep reading to learn what is the lowest charge for sexual assault in Texas and what penalties you can expect to face.
Key Takeaways:
- Texas narrowly defines sexual assault as non-consensual penetration or sex acts with a special victim.
- The minimum charge for sexual assault is a second-degree felony.
- Aggravated sexual assault will result in higher penalties than simple sexual assault.
How Does Texas Define Sexual Assault?
Before we lay out the punishments for sexual assault, it’s worth considering whether or not this information is relevant to your case. The sexual assault law in Texas lays out two primary types of offenses that can result in sexual assault charges: non-consensual penetration of the anus or sexual organ, and any form of sexual contact or sexual act between an adult and a minor-aged victim, including statutory rape.
Keep in mind that there are many other types of sexual acts that can result in a sex crime conviction. Non-consensual sexual contact of any kind is a crime in Texas, even if no penetration is involved. You can learn more about other types of sex crimes and their common charges from our team.
What Is the Lowest Charge of Sexual Assault in Texas?
Under Texas law, there is a minimum penalty that a person will face if receive a sexual assault conviction. The minimum charge for sexual assault is a second-degree felony. That means that, if you’ve been charged with sexual assault, the lowest charge you will possibly face will be a second-degree felony.
Keep in mind that this is only the lowest charge for this type of crime. Sexual assault cases frequently involve higher charges, particularly cases of aggravated sexual assault.
A second-degree felony brings with it fines of up to $10,000 and a minimum sentence of two years in prison with a maximum sentence of twenty years. Those charged with sexual assault may also be forced to register as a sex offender, as well as facing other punishments.
Sexual Assault vs. Aggravated Sexual Assault
One of the biggest factors that can increase the penalties for sexual assault is the presence of aggravating factors. Common aggravating factors include:
- Sexual acts involving people under the age of 14
- An elderly victim
- The use of a deadly weapon
- Serious bodily injury
- Family relation to the victim
- Mental impairment on the part of the victim
- The use of drugs or alcohol
- Multiple assailants
The common charge for aggravated sexual assault in Texas is a first-degree felony, bringing with it fines of up to $10,000 and between five years and life in prison. Those charged with aggravated sexual assault will likely also become registered sex offenders.
Get Strong Sexual Assault Defense from The Law Office of John G. Perez Jr.
If you’re facing charges for sexual abuse in Texas, don’t put your freedom at risk by facing the criminal justice system on your own. Here at The Law Office of John G. Perez Jr., we have extensive expertise on Texas sexual assault laws, and we can help you navigate the process of defending yourself against sexual assault charges.
If you’ve been charged with sexual assault in San Antonio, you can rely on our San Antonio sexual assault defense attorney to help you protect your freedom and your reputation. Let John do the worrying for you.