Aggravated Sexual Assault Defense Attorneys Dallas
By Heather Barbieri · Published October 10, 2026
Aggravated sexual assault is a first-degree felony in Texas. It is a sexual assault charge plus at least one aggravating factor, such as serious bodily injury or a deadly weapon. This page explains what the charge means, what it can carry, and how these cases are usually defended. Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. We represent people facing these charges in Collin County, Dallas County, and across Dallas-Fort Worth. If you’re looking for aggravated sexual assault defense attorneys Dallas residents can call, this guide will help you know what to ask.
What an Aggravated Sexual Assault Charge Means in Texas
Aggravated sexual assault is sexual assault plus an aggravating factor, under Texas Penal Code § 22.021. The sexual assault part covers penetration or contact without consent. The underlying conduct is defined in § 22.011.
Consent is missing in several situations. For example, the other person may be unconscious or unable to resist, and the accused knows it. Consent is also missing when the other person doesn’t know the assault is happening.
The aggravating factors include:
- Causing serious bodily injury, or attempting to cause death
- Using or showing a deadly weapon during the crime
- Acting together with another person in the same episode
- Giving the victim a substance to impair their ability to resist
- The victim being younger than 14, or an elderly or disabled person
Under the statute, a child is anyone younger than 17. A disabled individual is someone older than 13 who can’t protect themselves from harm because of age, disease, defect, or injury.
The offense is a first-degree felony. The exact allegation comes from the indictment or complaint. Keep a copy of that document and bring it to your consultation so the firm can review it with you.
What Are the Penalties for Aggravated Sexual Assault in Texas?
A first-degree felony carries life or a term of 5 to 99 years in prison, plus a fine up to $10,000 (Texas Penal Code § 12.32). In Texas, aggravated sexual assault is generally charged as a first-degree felony.
Under Penal Code § 22.021(f), the minimum prison term increases to 25 years if the victim was younger than 6, or younger than 14 when the offense involved one of the aggravating circumstances listed in § 22.021(a)(2)(A), such as causing serious bodily injury or using or exhibiting a deadly weapon.
Under Penal Code § 12.32, the ordinary range for a first-degree felony is 5 to 99 years or life in prison. A prior conviction can change that range: Penal Code § 12.42(c)(1) raises the minimum to 15 years when a qualifying prior felony conviction is proven, and § 12.42(c)(2) requires a life sentence for certain repeat sex offenses.
Beyond prison, a conviction can affect jobs, professional licenses, housing, and child custody. These effects often start before trial, so plan for them early.
No one can predict a sentence from the charge alone. The outcome depends on the facts, the record, and the court’s decision.
How Are Aggravated Sexual Assault Cases Defended?
The defense turns on the facts. Consent, identity, timeline, the nature of the contact, and the credibility of the accusation usually decide these cases.
The consent defense in § 22.06 applies only to assault, aggravated assault, and deadly conduct. It is not a defense to sexual assault or aggravated sexual assault. When the complainant is an adult, the State must prove the act was without consent, as that term is defined in § 22.011(b); when the complainant is a child, consent is not an element of the offense.
We review the evidence in the case, including:
- Police reports and body-worn or dash camera video
- Medical and forensic exam records
- Texts, phone records, and location data
- Witness statements and the timeline they support
Pretrial tools can include motions to suppress statements or evidence, challenges to the charging document, and discovery requests that test how the state built its case.
Wrongful convictions often start with false accusations or mistaken identification. The National Registry of Exonerations tracks these causes, so a defense should test both.
Plea talks and trial are both options. The client makes the final decision after the lawyer explains the risks. No lawyer can promise how a case will end.
What Happens After You Contact Us?
Most cases move through intake, charge and bond review, evidence review, investigation, and then plea talks or trial setting.
- Intake. You share the charge, arrest or warrant status, bond terms, and court dates.
- Charge and bond review. We check the charging paperwork, conditions of release, and the first court appearance.
- Discovery. The state’s file arrives. This is often the longest phase.
- Investigation. We interview witnesses and review digital and forensic evidence.
- Resolution. We discuss plea options and trial setting with you.
Timelines depend on the county docket and how complex the case is. No timeline is fixed in advance.
Ask about fees at your consultation. We review fee options with you, including flat fees or payment plans where they apply. No fee depends on how the criminal case ends.
Why Choose Barbieri Law Firm for an Aggravated Sexual Assault Charge?
Barbieri Law Firm is an all-women criminal defense firm based in Frisco. We focus on people accused of sex crimes and assaultive offenses.
Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization.
That certification belongs to Heather alone. It does not extend to the firm or to any other lawyer. Heather is the founding attorney of the firm.
We represent clients across Collin County, Dallas County, and the Dallas-Fort Worth area. This page does not list verdicts, settlements, or case results. Every case depends on its own facts, and we will explain what the facts mean for yours.
Frequently Asked Questions
Is aggravated sexual assault a first-degree felony in Texas?
Yes. Under § 22.021, the offense is a first-degree felony.
How long can a sentence be?
Under Texas law, a first-degree felony is punishable by life imprisonment or a prison term of 5 to 99 years, and a fine of up to $10,000 may also be imposed. A prior conviction or the victim’s age can change the range.
Should I talk to police before I call a lawyer?
Talk with a defense lawyer before you answer questions. Statements made early can be used later, so pause before you speak.
Will the case become public?
Many court filings are public records, so we plan for that from the start. We discuss what is likely to be public at your consultation.
Do you charge a fee that depends on the outcome?
No. We don’t tie any fee to how a criminal case ends. We review fee options with you at the consultation.
Can family members contact you about the case?
Yes, family members can ask questions. Before we discuss case details, we confirm who you’ve authorized us to speak with.
Talk to Aggravated Sexual Assault Defense Attorneys Dallas Residents Can Call
If you were arrested, served with a warrant, or contacted by a detective about an aggravated sexual assault allegation, the next step is a consultation. If you’re looking for aggravated sexual assault defense attorneys Dallas residents can reach, we can review your charge with you. Send your case details through our contact form or call (972) 424-1902 to schedule a consultation. Bring the charging papers, bond conditions, and any court or police notices you’ve received.
Attorney responsible for this site: Heather Jean Barbieri, Barbieri Law Firm, Frisco, Texas.
Ready to take the next step?
Request a Consultation
Fill out the short form and we will take it from there.