Charged With Aggravated Sexual Assault in McKinney? Get a Clear Plan From Day One.

Aggravated Sexual Assault Defense Lawyer in McKinney, Texas

Aggravated sexual assault is a sexual assault under Texas law with an added aggravating factor, and it is a first-degree felony. If you are looking for an aggravated sexual assault defense lawyer in McKinney, the first step is understanding exactly what the State must prove. This page explains the charge, the evidence review, and what is at stake for you and your family.

What Aggravated Sexual Assault Means Under Texas Law

Aggravated sexual assault is sexual assault plus one of the aggravating circumstances listed in the statute. First, the State must show the conduct in subsection (a)(1). When the conduct involves an adult, such as penetration or contact, it must be without consent. When the conduct involves a child, it does not depend on consent. Second, it must show one of the circumstances in subsection (a)(2). These include:

• Causing serious bodily injury, or attempting to cause death, in the same episode
• Placing the victim in fear of death, serious bodily injury, or kidnapping
• Using or exhibiting a deadly weapon
• Acting together with another person
• Giving the victim a substance that impairs the ability to resist
• A victim younger than 14
• A victim who is elderly or disabled

Texas defines a child as a person younger than 17 (Texas Penal Code § 22.011). The statute also relies on defined terms. A deadly weapon includes a firearm, and anything that can cause death or serious bodily injury based on how it is used or meant to be used.

That makes it a central part of any defense review.

Who Handles These Charges for McKinney and Collin County Residents

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas, that defends sex crimes and assaultive offenses. We represent clients across Collin County, the Dallas-Fort Worth area, and Texas. Our criminal defense work includes sex crimes, child sex crimes, online sex crimes, aggravated assault, family violence, and theft defense for students and non-citizens.

The firm’s founding attorney is Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization.

A criminal defense lawyer’s first job is to read the file. We review the charging papers, the police report, and the evidence. Then we explain your options in plain terms and what each one would involve. We don’t predict outcomes, but you should know what the file shows before you make any decision.

Our office is in Frisco. Clients from McKinney and across Collin County can reach us by phone or through our contact form.

What Evidence Gets Reviewed in an Aggravated Sexual Assault Case?

A defense review checks every piece of evidence the State relies on, including how each item was collected, stored, and tested. Common categories include medical and forensic exam records, DNA or other biological evidence, the sexual assault examination kit, and chain-of-custody records that track who handled each item.

Digital records can matter too. These include texts, social media messages, and location data. We check whether the timeline in the report matches those records. We also review police interview notes, recorded statements, and any body-worn camera footage in full.

Review matters because mistakes and false accusations do happen. The National Registry of Exonerations publishes research on wrongful convictions. Its data tracks causes such as false accusations and mistaken identification.

Defense Issues That Come Up in These Cases

Three issues often need close review: consent, identity, and the aggravating facts. Each one depends on the specific allegations and the evidence.

Consent is tied to specific situations. Under Texas Penal Code § 22.021, an aggravated sexual assault is without the consent of the other person if it occurs under the same circumstances listed in Section 22.011(b). Those include compulsion by force or threats, and a victim who is unconscious or too impaired to consent. Whether any of these situations applies depends on the facts and the messages between the people involved.

If identity is disputed, the review focuses on phone location data, receipts, camera footage, and witness accounts. An alibi depends on records that place a person somewhere else at a specific time.

We also examine the aggravating facts. We check whether a claimed weapon, injury, threat, or age fits the statutory definitions and the evidence.

Each case turns on its own facts. No lawyer can predict how a particular case will end.

What Happens After a Charge in Collin County

Bond conditions are the first thing to understand after a charge. Texas makes it a separate crime to violate certain bond conditions in a sexual assault case. The same statute covers going to or near a place the bond names, and possessing a firearm.

Read every bond condition with your lawyer, and follow each one exactly.

Every case moves at its own pace. The early choices often matter most. Before you speak with investigators, talk with a lawyer about what you should say, and whether you should say anything at all.

We handle matters across Collin County, including McKinney. We also take cases in Dallas County and the wider Dallas-Fort Worth area.

Consequences Beyond a Sentence

The prison term is only part of what is at stake. Aggravated sexual assault is a first-degree felony under § 22.021. A first-degree felony carries life, or a term of 5 to 99 years, in prison. A fine of up to $10,000 can be added (Texas Penal Code § 12.32).

Under Texas Penal Code § 22.021(f), the minimum prison term for aggravated sexual assault rises to 25 years if the alleged victim was younger than 6 at the time of the offense, or younger than 14 when the offense allegedly 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. Texas law sets a longer mandatory minimum prison term for aggravated sexual assault in certain cases involving young children, so the exact allegations in a charge can significantly affect the possible punishment. Our review checks whether the charging papers allege any of these factors.

Your job, your professional license, and your family life may all be part of the discussion. We review these matters with you as part of the options discussion.

Common Questions About Aggravated Sexual Assault Defense

This charge calls for a criminal defense lawyer who reviews the full file in detail. That is the work we do at Barbieri Law Firm.

Talk With Us About Your McKinney Case

If investigators have contacted you or a charge for aggravated sexual assault has been filed in McKinney, we can review the facts with you and explain your options. Call (972) 424-1902 or send us your case details to schedule a free consultation.

No lawyer can promise a particular result in any case, and this page does not predict how your case will end.

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