Charged With Aggravated Sexual Assault in Allen? Speak With a Defense Lawyer Now.

Aggravated sexual assault in Texas is a sexual assault that also includes a listed aggravating factor, and it is a first-degree felony. If you are charged or under investigation in Allen or elsewhere in Collin County, the decisions you make early can shape your options. This page explains the charge, the penalty range, what a defense reviews, and how a case usually moves. It is written for the person accused and for family members helping them. Barbieri Law Firm is an all-women criminal defense firm based in Frisco, Texas. This page is for anyone searching for an aggravated sexual assault defense attorney Allen residents can contact.

What an Aggravated Sexual Assault Charge Means in Texas

Aggravated sexual assault is a sexual assault plus at least one aggravating factor. Under Texas Penal Code § 22.011, sexual assault covers specific acts the statute describes. These include penetration of the anus or sexual organ, and penetration of the mouth or contact with the mouth, anus, or sexual organ in the ways the statute sets out. When the complainant is an adult, the State must prove the act was without consent. Texas law lists specific circumstances in which an act is treated as happening without consent. When the complainant is a child, consent is not an element of the offense.

Texas law treats a sexual assault charge as aggravated only when certain additional circumstances are alleged, such as those listed below:

• Serious bodily injury, or an attempt to cause death, in the same episode
• A deadly weapon used or shown in the same episode
• Acting together with another person
• Administering or providing flunitrazepam (also known as Rohypnol), gamma hydroxybutyrate (GHB), or ketamine to the victim with the intent of facilitating the offense
• A victim younger than 14, or an elderly or disabled person

Aggravated sexual assault is a first-degree felony under Texas Penal Code § 22.021. The usual range is life in prison or 5 to 99 years, plus a fine of up to $10,000. However, § 22.021(f) raises the minimum prison term to 25 years in certain cases. That applies when the complainant is younger than 6. It also applies when the complainant is younger than 14 and the offense involved certain aggravating conduct described in the statute. Prior final felony convictions can raise the range further under Texas Penal Code § 12.42. Your real exposure depends on the facts, your record, and the charges filed.

The stage of the case matters, too. An arrest, a filed complaint, and a grand jury indictment each bring different next steps, so read every document closely.

What a Defense Covers

A defense starts with the full police file, then tests each part of the State’s case.

• Police reports, body and dash camera video, and 911 and jail recordings
• Forensic lab reports, including DNA and sexual assault kit records
• The complainant’s statements over time, plus texts and medical records, within lawful discovery limits
• Whether any statement, search, or identification was obtained lawfully and can be challenged
• How evidence was collected, stored, tested, and read, and whether an independent review makes sense
• Bond conditions and protective orders, and how they affect work, housing, and family

We build the timeline from the records first, so every account can be checked against the same dates. We also check how each piece of evidence was obtained, because the source can matter as much as what it shows. Consent, identity, and timeline questions often decide whether the State’s account fits the evidence.

Accusations and identifications deserve close review. The National Registry of Exonerations tracks causes of wrongful convictions, including false accusations and mistaken witness identification.

How the Case Moves: Step-by-Step

Most cases move from early police contact to a charging stage, then to pretrial review, and finally to trial or resolution.

1. Initial consultation. Describe the charge, the stage, your bond status, and court dates.
2. Early protection. Address bond terms and no-contact orders before any statement or device search is requested.
3. Charging stage. Confirm whether a complaint or indictment exists, what it alleges, and what arraignment will involve.
4. Discovery and investigation. Obtain the State’s evidence and gather defense evidence. This stage can take a long time.
5. Pretrial motions and offers. Review motions to suppress evidence, and go over any offer with you before you decide.
6. Trial or resolution. Prepare for trial if it is the right path, or resolve the case by agreement. Each option gets explained so you can choose.

Early choices about bond, interviews, and devices often shape what comes later. Timelines vary by court and by case. No lawyer can assure how a particular case will end.

Why Barbieri Law Firm for an Aggravated Sexual Assault Defense in Allen

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas, that defends professionals accused of sex crimes and assaultive offenses.

• Practice areas: sex crimes, aggravated sexual assault, child sex crimes, online sex crimes, aggravated assault, family violence, and theft defense for students and non-citizens.
• Where we handle cases: Collin County, Dallas-Fort Worth, and across Texas.
• Credential: Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization.
• Responsible lawyer: Heather Barbieri is the founding attorney and the lawyer responsible for this site.

Our Collin County service area includes Allen, Plano, McKinney, Prosper, and Celina. We review the evidence, including the police file, video, and lab reports, and explain your options before you decide. This page does not list case results, because every case turns on its own facts.

Questions and Objections Readers Raise Before Calling

Most people ask whether to talk to police, what to avoid saying, and whether a lawyer can make the charge go away.

• Should I talk to police? Do not give a statement or agree to an interview before you speak with a lawyer.
• What can a defense lawyer do after I am charged? No lawyer can assure how a case will end. We review the evidence and explain your options.
• What about fees? We discuss fees and payment options at the consultation, so you know them before you commit.
• What should I avoid? Do not post, text, or message about the case, and do not contact the complainant. In these cases, violating a bond condition can bring serious additional consequences, so it is important to understand every condition the court sets. Violating certain bond conditions or a protective order is an offense under Texas Penal Code § 25.07. It is generally a Class A misdemeanor, but it can become a felony in specified circumstances, such as repeated violations or a violation that involves an assault.
• Does timing matter? Yes. Bond dates and court dates do not wait, so act on each one as it arrives.

Frequently Asked Questions

The short answers below cover what readers ask most often about this charge.

Contact Barbieri Law Firm About Your Allen Case

If you need an aggravated sexual assault defense attorney Allen residents can contact, start with a consultation. That applies to an aggravated sexual assault charge, an indictment notice, a bond hearing, or an interview request in Allen. Our firm talks with the accused and with the family members helping them.

Bring charging papers, bond paperwork, court dates, and any letters from police or the court. If you are facing this charge now, call (972) 424-1902, schedule a consultation, or send your case details through our secure form at https://www.barbierilawfirm.com/contact/.

Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.