Charged With Sexual Assault? Get Clear Guidance From a Frisco Defense Lawyer

A sexual assault charge in Texas is a felony accusation, and an accusation is not a conviction. If a detective has called, a protective order has been served on you, or a warrant may be issued, you face decisions that can affect your license, job and family quickly. This page explains the charge, the first steps, how a case moves and what is at stake. Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas, that defends professionals accused of sex crimes and assaultive offenses.

What a Sexual Assault Charge Means Under Texas Law

Sexual assault is a felony under Texas law, usually of the second degree, though Penal Code § 22.011(f) makes some cases a first-degree or state jail felony, and aggravated sexual assault is a more serious one. Texas Penal Code § 22.011 defines sexual assault. It includes causing the penetration of another person’s anus or sexual organ without that person’s consent. Generally, it is a second-degree felony.

Sexual assault under § 22.011 is generally a second-degree felony, while aggravated sexual assault is a felony of the first degree under a separate section, § 22.021. Under § 22.011, sexual assault is a second-degree felony, except that it is a first-degree felony in listed cases, such as when the victim was a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under Section 25.02.

Many people in your position first ask whether an accusation is the same as a conviction. It is not.

The charge you face depends on the specific allegation, and the facts decide which statute fits. An accusation can take several forms. You may be named in an allegation, interviewed by police, charged by complaint or indictment, or arrested on a warrant. Each stage brings different steps, so know which one you’re in.

What to Do in the First Days After a Detective’s Call

Get advice from Barbieri Law Firm before you answer any police question about the allegation.

The first contact often comes in one of three forms: a call asking you to come in, a protective order served on you, or word that a warrant has been issued. Each one moves fast, so act on the paperwork in your hand.

• Read any protective order or bond paper right away. Its exact terms set where you can go and who you can contact.
• Write down the date, time and details of every contact with police, the complainant or the court.
• Keep every notice and document. Don’t delete texts, emails, call logs or social media posts.
• Don’t discuss the allegation with coworkers, other parents or the complainant.

Breaking a protective order or bond condition can create a separate case.

Statements to police, colleagues or friends can be repeated later and shape how your case is built.

How a Texas Sexual Assault Case Moves Forward

A case usually moves from investigation to a charging decision, then to court hearings, discovery and a resolution.

1. Investigation, which may include an interview with police.
2. Arrest or summons, followed by magistration and bond.
3. Indictment by a grand jury, or another formal charging document.
4. Arraignment, where the charge is read and you enter a plea.
5. Discovery, when the defense receives the state’s evidence.
6. Pretrial motions, then negotiation, trial or another resolution.

Timing varies with the evidence and court schedules, so no timeline can be set early.

Discovery can include forensic interviews, phone records, messages, medical reports and digital forensic material. We review that evidence with you and explain your options before any decision is made.

Questioning while you’re in custody, called custodial interrogation, has its own rules.

Complainants have rights too.

Defense Options and What Shapes Them

Defense options turn on the facts, the evidence and the exact charge, so no two cases follow the same path.

• Timeline and location: Whether the dates, places and records fit the account.
• Consistency: How the complainant’s account changes over time.
• Evidence: How forensic, medical and digital evidence was collected and tested.
• Statements: How your interview was conducted and whether it was recorded.
• Procedure: How police and prosecutors handled the evidence and the case.

Each area needs proof, not assumptions. We review any recorded interview, messages, medical or forensic reports and witness statements. Then we explain your options and their risks, in writing where practical. Decisions are made with you, after we explain the options.

No honest lawyer can say how a case will end before that review is complete.

Protecting Your License, Job and Family While the Case Moves

Get advice before you tell your employer, colleagues or family what is happening.

The allegation can touch every part of your life at once. Here is how we approach each part with you.

• License: Ask how the charge may affect your license and any reporting duty. The answer turns on the charge, the license and the facts.
• Work: Review employment policies, leave options and reporting rules before you act. Ask how timing of any contact at work will be handled.
• Family: Plan what you’ll say to a spouse and children, and keep it calm and accurate. Avoid discussing the case on social media or with other parents.
• Bond and orders: Bond conditions and no-contact orders can change your home and daily routine. Follow them exactly, because a violation can be a separate offense.

We handle these matters for professionals in Collin County, Dallas-Fort Worth and Texas. We can discuss how your work and family concerns fit into the defense.

If Convicted: Penalties, Prison and Registration

A conviction can bring prison time, fines and sex offender registration that can last until death.

• Second-degree felony: A person adjudged guilty of a second-degree felony shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years (Texas Penal Code § 12.33). Sexual assault is not always a second-degree felony; its classification depends on the facts, as Penal Code § 22.011(f) provides. In addition to imprisonment, a person may be punished by a fine not to exceed $10,000. Texas Penal Code § 12.33
• Aggravated sexual assault: Upon conviction for a first-degree felony, a person shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years (Texas Penal Code § 12.32). In addition to imprisonment, a person may be punished by a fine not to exceed $10,000. Texas Penal Code § 12.32
• Minimum terms: Under § 22.021, the minimum term of imprisonment is increased to 25 years if the victim is younger than 10 years of age at the time the offense is committed, or if the victim is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).

Actual sentences depend on the charge, your record and the court.

Texas treats sexual assault and aggravated sexual assault as sexually violent offenses when the person is 17 or older. For a sexually violent offense, if the person has a reportable conviction or adjudication (other than an adjudication of delinquent conduct), the duty to register ends when the person dies, except as other parts of the chapter provide (Texas registration rules).

Licensing, travel and housing limits can also follow a conviction. Ask us how these apply to your exact charge before you consider any plea.

Why Barbieri Law Firm Handles These Cases

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

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization

The firm’s lawyers are Heather Barbieri and Carrie Thomas. Our support staff keeps the office running.

• Direct, plain-language communication, with the reason behind each decision.
• Attention to your license, your job and your family alongside the criminal case.
• Work built on the evidence in your case, reviewed with you step by step.

We serve clients across Collin County, Dallas-Fort Worth and Texas.

Frequently Asked Questions

Here are short answers to the questions this situation raises first.

Do I have to talk to the detective?

Get advice from Barbieri Law Firm before you answer questions. Statements to police can shape your case.

Will I be arrested at work?

The way an arrest happens depends on how the charge proceeds. We can discuss timing and communication with your employer.

Will I lose my license?

That turns on the charge, your license and any reporting duty. We review those points with you early.

What does the free consultation include?

The first consultation is free, confidential and carries no obligation to continue. You can share your case details with us.

How long does registration last?

For a sexually violent offense, registration generally lasts until death, except as other parts of the chapter provide.

If a detective has called, or a protective order has been served on you, you’re deciding what to say and whom to tell right now. Call (972) 424-1902 or send your case details through our contact form to schedule your consultation before you speak with police.

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