Charged With Sexual Assault of an Adult in Texas? Start With a Careful Defense.

Accused of Sexual Assault? What This Charge Means for You Right Now

An accusation is not a conviction, but the first days after it can shape what comes next. If you are facing a sexual assault of an adult charge, a Texas defense lawyer can review your situation before you say anything else.

Maybe a detective called and asked you to come in. Maybe a protective order was served, or you learned a warrant exists. Your career, your reputation and your family may suddenly feel at risk. That fear is normal.

Many people in this spot want to explain, clear things up and move on. That instinct can hurt you. Before you speak with police or post anything about this accusation, contact our firm.

Before you answer questions or post about the accusation, talk with a criminal defense lawyer. Have the lawyer review what is alleged, what police have, and what you should say. Early review matters because the facts are still being set.

What Texas Law Says a Sexual Assault of an Adult Requires

Under Texas law, sexual assault means intentionally or knowingly causing penetration or sexual contact without the other person’s consent. Penal Code § 22.011 lists the acts, including penetration of the anus or sexual organ by any means.

Consent is the center of most adult cases. The statute treats an act as without consent in certain situations, for example where the other person is unconscious or physically unable to resist, or lacks awareness that the act is taking place, and it requires that the actor know of that condition and that the other person has not consented. Penal Code § 1.07 defines consent as assent in fact, whether express or apparent, and § 22.011(c)(1-a) adopts that definition for sexual assault cases.

Each charge is made up of specific parts, and we will review how the evidence addresses each one. That includes the act, the lack of consent and the required mental state. A defense lawyer tests each piece against the evidence.

Aggravated sexual assault is a separate charge. Texas law treats certain circumstances as aggravating factors in an aggravated sexual assault charge, including causing serious bodily injury, using or exhibiting a deadly weapon, or a victim younger than 14. The charge level depends on the facts alleged, so the first review matters.

Penalties and Collateral Consequences Professionals Face

Sexual assault of an adult is generally a second-degree felony in Texas. A second-degree felony is punishable by 2 to 20 years in prison, and a fine of up to $10,000 may be added.

Aggravated sexual assault is a first-degree felony. A first-degree felony is punishable by life or 5 to 99 years in prison, and a fine of up to $10,000 may be added.

Registration can follow too. Under Code of Criminal Procedure art. 62.001, a reportable conviction or adjudication includes deferred adjudication for sexual assault. Ask about this early, before any plea decision.

Licensing boards, employers and family can react to a charge or a conviction. How each one responds depends on your license, your employer’s rules and the facts. Your lawyer can review these questions with you early.

How a Defense Is Built for the Accused Professional

A defense starts with the record: the complaint, police reports, any statements you gave, and the evidence on each part of the charge. Then the lawyer plans the steps that protect you while the case is open.

Protective orders are often a near-term concern. A magistrate may issue an emergency protection order at a first appearance after arrest for a sexual assault offense, under Code of Criminal Procedure art. 17.292. The order stays in effect for at least 61 days and up to 91 days. A violation can bring a fine of up to $4,000, jail time of up to one year, or both. Article 17.292(g) requires the order to warn that an act resulting in a separate offense may be prosecuted as a separate misdemeanor or felony offense, in addition to a violation of the order, and that a separate felony carries confinement in prison for at least two years.

Bond conditions carry their own risk. Penal Code § 25.07 makes it an offense to knowingly or intentionally violate, in a sexual assault case, a bond condition related to the safety of a victim or the safety of the community, when the violation is one of the acts the statute lists.

The review also examines the accusation itself, including its timing, the evidence and any available defenses. The consent defense in Penal Code § 22.06 covers only §§ 22.01, 22.02 and 22.05, not a sexual assault charge under § 22.011. Penal Code § 22.06 makes consent a defense to assault, aggravated assault and deadly conduct charges if the conduct did not threaten or inflict serious bodily injury, or if the victim knew the conduct was a risk of the victim’s occupation, recognized medical treatment, or a scientific experiment conducted by recognized methods. The defense is not available to a defendant who commits the offense as a condition of the defendant’s or the victim’s initiation or continued membership in a criminal street gang.

Your lawyer will explain plea, pretrial and trial options in plain terms. That way you can make informed decisions.

What to Expect: The Texas Process From Charge to Resolution

A sexual assault of an adult charge Texas defense lawyer can walk you through each stage. A typical case moves from arrest or warrant to bond, investigation, a possible indictment, pretrial steps, and then a plea decision or trial. Timing varies by county, court schedule and case complexity.

• Arrest or warrant. You are taken before a magistrate, who sets bond and may address a protective order.
• Investigation. Police and prosecutors gather evidence.
• Arraignment and discovery. At each stage of your case, our firm will review the file with you and explain the options available. As your case moves forward, we will review the evidence with you.
• Pretrial work. Your lawyer may challenge evidence and talk with the prosecutor.
• Plea or trial. With your lawyer, you decide whether to resolve the case or go to trial.

Why Barbieri Law Firm Defends Professionals Accused of Sex Crimes

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. It serves Collin County, Dallas-Fort Worth and Texas.

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization, leads the firm. The firm’s lawyers are Heather Barbieri and Carrie Thomas, and our team of staff supports their work.

The firm defends sex crimes, aggravated sexual assault, child sex crimes, online sex crimes, aggravated assault and family violence charges. A sexual assault of an adult charge sits within that core work.

Our approach starts with a confidential review, ideally before any statement is made to police. We explain the charge, the evidence and your options in plain terms.

Common Questions From Accused Professionals

Barbieri Law Firm handles sex crime cases in Collin County and across Texas. To discuss your charge, call (972) 424-1902 for a free, confidential initial consultation with no obligation to continue.

Take the Next Step Before You Speak to Anyone

If you are accused, the next step is a confidential talk with a lawyer before you speak to police. A call from a detective, a protective order or a warrant can split your week in two. Your career, your marriage and your children are on your mind, and you don’t have to sort that out alone.

Call (972) 424-1902 or send your case details. The firm offers a free, confidential initial consultation, with no obligation to continue.

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