In Texas, super aggravated sexual assault of a child and continuous sexual assault of a child have the same harsh punishment ranges. A conviction means more than decades behind bars. Your defense team can guide you on the right approach to take that's appropriate to your specific case. Aggravated assault in texas. That could be a reduction in charges or even an acquittal. In Texas, "Super" Aggravated Sexual Assault of a Child is a First Degree Felony, with an enhanced punishment range. The term "possession" is defined by the Penal Code as "actual care, custody, control or management. " It could last for months or even years.
We believe you are innocent until proven guilty, as the law of the land states, and we vow to fight for you just as vigorously as we have for thousands of clients over 20 years. Therefore, absent a valid defense, sex with a person 16 years old or younger constitutes sexual assault. This occurs if the person committing the burglary does so with the intent to abuse or violate the victim sexually. Of all the criminal charges possible in the United States judicial system, very few charges are considered as serious as an aggravated assault charge. Super-Aggravated Sexual Assault vs. Continuous Sexual Assault. To life in state prison, maximum fines of $10, 000, lifetime sex offender registration, ineligible for parole|. "In a perfect world, we wouldn't have these crimes, and we wouldn't have to worry about this, " said Womack.
Those concerns were discussed at numerous meetings, on the Senate floor, and during conference committee meetings. At the Law Office of Nathaniel Pitoniak, we will examine the charge against you, and look for weaknesses in the prosecution's case. Anyone having information regarding this investigation should call the Montgomery County Sheriff's Office at 936-760-5800. SB 5 was passed out of committee but only with the sponsor's promise to consider amendments to alleviate concerns raised during the hearing. Aggravated Sexual Assault of a Child Under 6 Years of Age. Enhanced punishments. This clause prohibits anyone from touching a child with the intent to gratify or arouse any sexual desires.
There will be no surprises and you will be kept informed of everything every step of the way. The law defines two distinct cases of indecency. Board-certified, award-winning trial attorneys do not tend to hang out on the court appointment list. Then, after clicking the. If you're ready to take these next steps, we're here to help. HB 8 mandates constant electronic tracking of those offenders in real time as a condition of that supervision. Aggravated assault cases in texas. Although those bills did not pass, the language from those bills was added to HB 8 as it made its way through the House and Senate. How does the Texas Penal Code define "aggravated sexual assault of a child"? The child is younger than 14 and the defendant engages in conduct that would elevate a sexual assault of an adult to aggravated sexual assault (e. g., causes serious bodily injury, threatens death, or uses or exhibits a deadly weapon). Civil commitment is lock down preventive detention in mental health facilities, while sex offender registration is a lifetime community monitoring program.
Rep. Debbie Riddle and the House, however, moved first by voting HB 8 out of committee. Allegations of, and convictions for, sex crimes have devastating personal, professional and legal consequences. For example, the alleged victim's consent is not a defense in this case, because of the young age of the alleged victim. HB 8, Texas joins Louisiana and a minority of states authorizing the death penalty for non-death crimes.
Concerning sexual assault, Texas law defines a child as anyone younger than 17 years old. State v. C. B - Drug Charges. The same goes for accepting a plea bargain. Consent is never granted by someone who is unconscious or physically unable to resist a sexual advance. Since 1992 Board Certified Lawyer Grant Scheiner has encountered countless hours of real trial experience fighting for the freedom and well-being of his clients and his legal team will do the same for you. Possession of child pornography (Texas Penal code §42. In the case of the Katy man, the charge stems from a May 2020 arrest on charges of possession of child pornography and aggravated sexual assault of a child. Thanks to Attorney Starr's skilled defense during the trial, he is now a free man. Just the thought of spending 25 years behind bars is crushing. If you face an aggravated sexual assault charge, time is of the essence. Using violence, threats of violence, or a deadly weapon while committing the crime. If the child is 13 years old or younger, a defense based upon the relative ages of the child and the other person is no longer available.
Aggravated sexual assault of a child is committed when the above two elements are present against any victim under the age of 17. We proposed language for a new offense of continuous sexual abuse, and each office filed a bill to create the offense. Protecting Individuals Against Assaults in Fort Bend County. The crime becomes "super-aggravated" when the alleged victim is under the age of six (6), or if the sexual assault is of a child younger than fourteen (14) and caused serious bodily injury or attempted to cause death. Complete a Sexual Assault of a Child Case Evaluation form now. Our team of aggravated sexual assault defense specialists will thoroughly examine every piece of evidence presented by the prosecution to discover whether consent was given by the alleged victim. For children under 6 years of age, there are enhanced penalties. The prosecution must prove the complainant was 13 years old or under at the time of the alleged offense. All too often our society is already prepared to convict someone accused of sexually assaulting a child, before they have ever heard any of the actual evidence in the case. Instead, team up with a reputable and experienced attorney who can help examine your case from every angle and provide the strongest defense possible. Feelings of anger or resentment. This is in addition to the more than 800, 000 registered sex offenders in this country, more than 85, 000 of whom reside in Texas. Failure to register can also be prosecuted in state courts and in Texas can carry penalties as high as 10 years in prison.
Statute of limitations. "[It will help them] if they can get in to a place where they can get help, get counseling, and just be away from being a danger on the streets. After laying out what the charges are and looking at a few different examples, we will examine the possible penalties. The Texas Penal Code states that a person commits the offense of Aggravated Sexual Assault if the person: - Intentionally or knowingly causes the penetration of a sexual organ of another person or child, by any means, without that person's consent; OR. Restitution can also be ordered to individuals victimized by the pornography. In 2000, Texas began a form of civil commitment against sexually violent predators, imposing conditions of supervision as a type of civil probation. The more time we have to determine the facts before an arrest takes place, the better position we will be in to avoid having charges filed. Detectives then interviewed Agustin, who confessed to more than one count of "Super" Aggravated Sexual Assault of a Child. We do not take shortcuts. Twenty years ago, the United States Supreme Court held that it was cruel and unusual punishment to execute a defendant for raping an adult woman. Texas Sexual Assault Charges. The crime of aggravated sexual abuse of a child occurs where a child victim is either 1) under six years of age or 2) if it is proven that violent aggravated sexual abuse occurs with a child under the age of fourteen.