When Does a Sexual Assault Become Aggravated Sexual Assault in Texas?

 Posted on December 26, 2022 in Criminal Law

San Antonio sexual assault defense attorneyIn Texas, sex crimes are taken exceptionally seriously and, as a result, are aggressively prosecuted to the fullest extent of the law. This is especially true for crimes such as aggravated sexual assault. Therefore, if you have been charged with aggravated sexual assault, you are in serious legal jeopardy. If you have found yourself in this unfortunate situation, contacting an experienced defense attorney is imperative if you want to keep your freedom and have a chance of avoiding prison. In this blog, we will delve deeper into what aggravated sexual assault is, what the penalties are, and what course of action you should consider taking to avoid being convicted.

What is Aggravated Sexual Assault? 

Under Texas law, aggravated sexual assault occurs when a person intentionally causes or threatens to cause harm to someone through means of a sexual attack. This sexual attack must include an aggravating factor. Several aggravating factors can escalate a charge of sexual assault to aggravated sexual assault.

Aggravating factors may include but are not limited to: 

  • Use of a weapon – If a person brandishes or threatens to use a deadly weapon, or if they go ahead and use that deadly weapon to commit a sexual assault, this is considered an aggravating factor and can elevate the charge to aggravated sexual assault.
  • Age of the alleged victim – If the person who was allegedly sexually assaulted is younger than 14 years old, this is an aggravating factor and can escalate a charge of sexual assault to aggravated sexual assault.
  • Threat of violence – If a person threatens or attempts to inflict bodily harm while committing the crime, this is an aggravating factor. It does not matter whether the threats are through words or actions. 
  • Characteristics of the alleged victim – If the person who was allegedly sexually assaulted suffers from a mental or physical disability, this can elevate the charge to aggravated sexual assault.
  • Use of drugs – If drugs are used to impair someone’s judgment and capacity to resist, this constitutes aggravated sexual assault. 

Contact a San Antonio Aggravated Sexual Assault Attorney

 As is the case in many sex crimes, law enforcement and even the public may treat you as being guilty before you have even had a trial yet to present your defense. Luckily, in the United States, you are innocent until proven guilty. To give yourself the best chance of obtaining a positive outcome in your case, contact the astute San Antonio aggravated sexual assault lawyers with Law Offices of Sam H. Lock. Call 210-226-0965 for a free consultation.




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