Charged With Sexual Assault in Frisco? Speak With a Criminal Defense Lawyer Now

What Kind of Lawyer Handles Sexual Assault Cases in Texas?

What kind of lawyer does sexual assault cases? In Texas, a person accused of sexual assault needs a criminal defense lawyer. This page explains the charges, how a criminal case differs from a civil lawsuit, and what a defense lawyer actually does.

The short answer: a criminal defense lawyer when you are accused

If the State has charged a person with sexual assault, that person needs a criminal defense lawyer. A criminal case is brought by the State of Texas through the prosecutor’s office. It is not a lawsuit filed by the person who says they were harmed.

Many people first hear about these charges from a family member, a partner or a friend. A call may have come from police, or someone you love may have been arrested. Feeling shocked and unsure what comes next is a normal reaction.

Lawyers who represent people seeking money for injuries do a different kind of work. Barbieri Law Firm’s practice is criminal defense. It handles sex crimes and assaultive offenses, and it is based in Frisco, Texas.

Timing matters too. An early review of the charge gives the accused person more time to understand the case before the next court step.

Which Texas charges are sexual assault cases

Sexual assault is generally a second-degree felony. Aggravated sexual assault under § 22.021 is a first-degree felony.

A second-degree felony carries prison for 2 to 20 years and a fine of up to $10,000. A first-degree felony carries life, or 5 to 99 years, plus a fine of up to $10,000.

For aggravated sexual assault, the minimum prison term rises to 25 years in listed circumstances. Under Texas Penal Code § 22.021(f), the minimum punishment rises to 25 years when the victim is younger than six, or younger than 14 when the offense involves certain listed aggravating conduct.

Related charges can come from the same incident or relationship. § 21.11 defines indecency with a child, which can involve sexual contact with a child younger than 17. Penal Code § 33.021 covers sexually explicit communication with a minor and online solicitation of a minor. For the explicit-communication offense, the actor must be 17 or older and act with intent to commit a listed sexual offense. For solicitation, the actor must intend that the minor engage in sexual contact, sexual intercourse, or deviate sexual intercourse.

Aggravated assault under § 22.02 is generally a second-degree felony. Texas Family Code § 71.004 defines family violence to include an act by a family or household member intended to cause physical harm, bodily injury, assault or sexual assault, or a threat that reasonably places the member in fear of imminent harm. The full definition also covers certain child abuse by a family or household member and dating violence, and it excludes defensive measures taken to protect oneself.

The charge level changes what is at stake. A lawyer should review the exact statute and the facts early.

Why criminal cases and civil lawsuits need different lawyers

A criminal case is the State’s case against the accused. A civil lawsuit is a private case in which one person asks a court for money damages. The two follow separate paths, even when they come from the same event.

The stakes also differ. A conviction can bring prison time and fines.

A civil claim seeks money damages and runs separately from the State’s criminal case.

The same incident can lead to both a criminal case and a civil claim. Each one moves on its own track. A person facing a criminal charge should ask a criminal defense lawyer how a civil claim could affect the criminal case.

What a criminal defense lawyer does for someone accused of sexual assault

A criminal defense lawyer reviews the charge and the evidence, then explains the options at each stage. The work is about understanding the case, not promising a result.

The lawyer starts with the paperwork. That means the charging documents, police reports, forensic results, recordings and witness statements. This shows what the State says it can prove.

Recordings matter. Texas Code of Criminal Procedure art. 38.22 governs when a statement made by an accused during custodial interrogation may be used against the accused, and it includes recording requirements with specific limits.

Next, the lawyer explains the options. These can include the investigation, pretrial hearings, talks with the prosecutor and trial if needed. The lawyer also advises on bond and on what the accused should say to police, family or online.

No lawyer can know how a case will end. A defense lawyer’s job is to review the evidence and explain the options clearly, so the accused can decide with full information.

How Heather Barbieri reviews a Texas sexual assault defense case

Heather Barbieri’s practice is Texas criminal defense, focused on sex crimes and assaultive offenses in Collin County, Dallas-Fort Worth and Texas. Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization. That statement applies to Heather Barbieri only.

Barbieri Law Firm is a Frisco, Texas firm led by Heather Barbieri. It handles sex crimes and assaultive offenses in Collin County, Dallas-Fort Worth and across Texas. Its support staff include assistants and office staff.

In a consultation with Heather Barbieri, you can ask how she will review your specific charge, the evidence and the timeline. Also ask how you will be kept informed.

Frequently asked questions

Talk with a Texas criminal defense lawyer about your situation

If you or someone you love has been charged with a sex crime or assault in Texas, a criminal defense lawyer can review the charge with you. Being accused, arrested or served with a charge is frightening. It is harder when you are trying to help someone else through it.

You can send your case details through our contact form or call (972) 424-1902 to talk about the charge. The first consultation is free, confidential and comes with no obligation to continue.

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