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.

Lawyers & Attorneys

Federal Criminal Defense: An Overview

When a person is accused and charged with a crime by the United States of America, they are facing serious criminal charges, and you should seek legal representation from an experienced federal criminal defense lawyer like Mark W. Bennett.

The reason is simple; you want the best lawyer for the case with the most applicable experience. When a person is accused of accused of a crime by the federal government, they will be prosecuted by an Asst. U.S. Attorney in federal court. If convicted, the defendant will be subject to punishment at the federal level, which is often far more harsh than the states.

Understanding Federal Criminal Cases

Federal criminal cases are the most severe legal matters that a person can content with. The United States of America has an unlimited budget which makes the U.S. Attorney’s Office a formidable opponent. If an individual is convicted of a federal crime, they will face a series of punishments and penal consequences. Some of the penalties include the following;

  • A lengthy federal prison sentence that must be served day-for-day in a federal penitentiary,
  • Monetary fines to the tune of tens-to-hundreds of thousands of dollars,
  • A criminal record,
  • Loss of voting rights and 2nd Amendment freedoms,
  • Moreover, a federal conviction can create challenges for immigrants.

The smartest thing you can if you or a loved-one are facing prosecution by the government is to hire an experienced attorney.  Even if you’re just being investigated by the FBI or the DEA and you have not been formally charged, hiring a criminal defense attorney to address the matter is the best option.

Criminal Cases at the Federal Level

Although most criminal cases in Texas are prosecuted the state level, some crimes are so serious that the federal government will step and “pick up the case.” For example, a person arrested by Texas State Troopers or the Houston Police Department for transporting 5 kilos of cocaine might be prosecuted at the state level.If the amount is a few tons or has national implications, the federal government will like take charge on the case by convening a federal grand jury to charge the defendant.

Theoretically speaking, a person charged at the federal level can also be charged at the state level for the same crime. Although it is rare, it is possible. It is also worth noting the federal and state court processes are different and over very little in the way of leniency to defendants.

The United States of America rarely takes on a case unless it involves kidnapping, crimes across state lines, and crimes of national magnitude. People busted counterfeit money are always pursued in federal court as the crime is an offense against the economy and the nation as a whole. The same can be said national crime rings that involve massive conspiracies involving multiple players. Crimes of that nature are usually prosecuted as a RICO Act violation. Tax fraud, human trafficking, Medicare fraud, bank robbery, and terrorism-related crimes are also relentlessly pursued by the feds.

Should You Hire a Criminal Defense Lawyer?

Criminal charges at both the state and federal level are matters of high contention, deadly stress, and extreme anxiety. Consulting with an experienced federal criminal law attorney is the best option.

Federal Criminal Defense: An Overview