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Crime Houston and Texas Lawyers & Attorneys

Texas Law & Sexual Assault; An Overview

Sexual assault is expressly defined under the Texas Penal Code Section 522.021. The Section also contains what propels an assault case to be an aggravated sexual assault. This offense is considered more serious compared to the normal assault. It brings with it a heightened punishment. Attorney Jack B. Carroll, a lawyer that’s consistently seen at the Harris County Criminal Justice center defending people with aggravated sexual assault cases, believes that most people that are accused of a crime involving sex are assumed to be guilty and are in dire need of an experienced criminal defense lawyer.

Sexual assault victims have a lasting damage that often traps them in the same actions mentally. Did you know that psychological injury might be more worse compared to physical injury? If you’re convicted criminal, you’ll often be put on a registry of a sex offender. These crimes normally last ages. They last their entire lives both in the system and on paper.

Aggravated Sexual Assault

And The Texas Penal Code

Under the Texas Penal Code, sexual assault happens when an individual recklessly, knowingly or intentionally causes harm to another individual and/or threatens to harm another individual via sexual attack without his or her consent. In contrast, this offense comprises of the mens rea of knowingly or intentionally. Consequently, there’s no conviction of you only acted recklessly. Moreover, aggravated sexual assault consists of oral, anal, or vaginal penetration.

Sexual offense with physical attack

Serious forced physical attacks coupled with sexual offenses have a tendency to have heightened penalties when convicted. Most factors might contribute to more serious crimes. Attempting to kill someone or brutally harming an individual physically is considered severe. The other serious offense one can commit under this law is planting fear in a victim in such a way that they fear for their life. The state of fear such as kidnapping might be constant or momentary. Committing these acts with multiple partners or with a partner might cause a higher penalty when convicted.

You might incur additional punishments if you use drugs for sexual escapades involving the disabled, old or young.

What about the consent of the victim?

According to the law in Texas, one gives up his or her consent when he or she is threatened. The fear of lasting damage, dying, or being hurt forces an individual to think about surviving only. When someone is required to take part in such actions, the law doesn’t consider it as consent or permission. The threat of potential harm usually looms over them. If the object of harm has connection with an attacker or not, any negative response to prospective sexual acts is normally considered inconsequential.

Defenses to Sex Crime Allegations

Here are some of the defenses against this offense:

  • The defendant was the child’s spouse when the offense was committed
  • The defendant wasn’t any more than 3 years older than a child when the offense was committed
  • The said conduct comprised of medical care for a kid

Sentences and Penalties

Typically, a sexual assault is a 2nd degree felony. It carries a sentence of 2 – 20 years inside a state prison and/or $10000 in terms of fine. Nonetheless, a judge might elevate the crime to 1st degree felony if a victim was with an individual whom a defendant was forbidden from marrying or living under a marriage with the victim. A 1st degree felony in this state is punishable by 5 – 99 years inside a state prison and/or $10000 in terms of fine.

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Lawyers & Attorneys

Robbery, Aggravated Robbery & Texas Law

All of the state in the USA have strict laws forbidding crime but they are rather stringent in the state of Texas. Once you are arraigned in court on charges of, say, robbery, you’ll get the illusion that the state is against you. Your only defense will be your defense lawyer. So what exactly do the laws in Texas say about robbery and aggravated robbery? Well, let’s take a look.

Texas & Robbery Cases

Robbery in Texas is considered to be a crime of violence. I know, you might bring in the aspect of theft. However, due to the associated violence or the threat of violence, it tends to be penalized more severely compared to the typical theft crime.

Burglary Laws and Penalties

In Texas, robbery is classified under 2nd degree felonies and it carries a potential prison sentence of 20 years with fines which can reach up to $10000. So as to gain a conviction against a robbery suspect, the prosecution must be able to prove beyond a reasonable doubt that you indeed did one of the following: In addition to the commission of a theft, you also:

  1. Knowingly, intentionally, or recklessly caused bodily injury to another, or
  2. Knowingly or intentionally threatened or placed another in fear of imminent bodily death or injury.

Aggravated Robbery

Unlike robbery, aggravated robbery is a far more grave charge. It is considered a 1st degree felony and it carries with it a sentence of up to 99 years in prison. It also carries a potential fine of $10000. So who is up for such a charge? If you are accused of committing a robbery, as outlined above, and in commission of the robbery, you:

  1. Cause serious bodily injury to another.
  2. Exhibit or use a deadly weapon or
  3. Cause bodily injury to another, or threaten or place another in fear of injury or death when the person is
    either disabled or 65 years old.

Regardless of the robbery charge you may be facing, you will be up against severe penalties which may alter your life forever. Aside from serving time, you will have to cope with the lifetime stress of bearing a violent criminal conviction on your record and this may affect your ability to find employment.

But all is not lost. In the constitution, protections are built for you in the form of rights. A good defense lawyer like Sandra J. Oballe will ensure that those rights are protected and also mitigate the effects of the charges on your life.