Defending Aggravated Sexual Assault Charges in Collin County

Aggravated sexual assault is a first-degree felony in Texas, and the punishment can include life in prison. Barbieri Law Firm is an aggravated sexual assault defense law firm in Collin County, based in Frisco, Texas. This page explains the charge, its penalties and how a case moves, so you know what you’re facing.

What Aggravated Sexual Assault Means Under Texas Law

Aggravated sexual assault is a sexual assault plus at least one aggravating factor. Texas Penal Code § 22.021 defines the offense. The base conduct is sexual assault under Texas Penal Code § 22.011. Under Texas Penal Code § 22.011(b), sexual assault occurs without consent in several circumstances, including when the actor uses physical force, violence or coercion to make the other person submit or participate; when the actor threatens force or violence and the other person believes the actor has the present ability to carry out the threat; when the actor knows the other person is unconscious or physically unable to resist; when the actor knows that, because of a mental disease or defect, the other person is at the time incapable of either appraising the nature of the act or resisting it; and when the actor intentionally impairs the other person by administering a substance without that person’s knowledge. The statute also addresses specified public servants, health care providers and clergy members who engage in the conduct under the circumstances it describes. The statute lists other circumstances as well. For child victims under § 22.021(a)(1)(B), consent is not an element of the offense.

The aggravating factors include:

• serious bodily injury, or an attempt to cause death, in the same criminal episode
• threats or acts that place the victim in fear of death, serious bodily injury, kidnapping or certain human trafficking offenses
• use or display of a deadly weapon
• acting with another person against the same victim
• giving the victim a substance that impairs the ability to resist
• a victim younger than 14, or an elderly or disabled victim

Aggravated sexual assault is a first-degree felony. Aggravated sexual assault is a first-degree felony with a base range of life, or 5 to 99 years, in prison, subject to the higher minimum for child victims described below. A fine of up to $10,000 is also possible (Texas Penal Code § 12.32).

When the victim is younger than 6, or is younger than 14 and an aggravating circumstance listed in § 22.021(a)(2)(A) applies, § 22.021(f) sets a 25-year minimum, so the punishment is life imprisonment or imprisonment for 25 to 99 years. Under Tex. Gov’t Code § 508.145(a), a person serving a sentence for an offense punishable under § 22.021(f) is not eligible for release on parole.

Prior convictions can raise the range. Under Texas Penal Code § 12.42, a prior final felony conviction can enhance the punishment range, and a qualifying prior conviction for certain repeat sex offenses requires a mandatory life sentence under § 12.42(c)(2). Section 12.42(c)(3) provides for life without parole for certain repeat offenses against child victims. Two prior final felonies, with the second committed after the first became final, raise it to life, or 25 to 99 years.

A conviction can also bring sex offender registration. For a sexually violent offense, the duty to register ends at death under Texas Code of Criminal Procedure art. 62.101(a)(1). The statute has exceptions, so the specifics of each case matter.

Who This Defense Is For

This defense fits adults, families and licensed professionals facing an aggravated sexual assault allegation, arrest or charge in Collin County or elsewhere in Texas.

• People who learn of an allegation through a police contact, a child protective or school report, or a grand jury notice.
• People under investigation who have not been charged yet.
• Licensed or employed professionals whose jobs and licenses are at stake.

Records matter here. Those records may affect criminal-history checks for employment or licensing.

Parole is another factor.

The firm serves Collin County, including Frisco, Plano, McKinney, Allen, Prosper and Celina. It also defends clients across Dallas-Fort Worth and Texas.

What the Defense Covers

A defense starts with the charge and the evidence behind it. The firm reviews:

• the charging papers and probable cause affidavit, including whether the charged aggravating factor is supported
• police reports, forensic interview recordings, medical and SANE records, lab results, texts, social media and video
• identity, consent and timeline questions
• bond conditions and no-contact or protective order terms
• plea discussions, pretrial motions and trial preparation

Bond rules carry real risk. Under Texas Code of Criminal Procedure art. 17.292, a magistrate may issue an order for emergency protection at the first appearance after an arrest for this offense. The required warning says a violation may bring a fine of as much as $4,000, up to one year in jail, or both. If the act is charged as a separate felony, the warning says it carries at least two years in prison.

A bond or order violation tied to a victim’s or the community’s safety can also be a separate offense under Texas Penal Code § 25.07. Depending on the facts, it can be a state jail felony or a third-degree felony.

How a Collin County Case Moves

A Collin County aggravated sexual assault case usually moves through five stages. Timing varies from case to case.

1. Consultation. Share what you know about the allegation, your arrest status and any deadlines. The first consultation is free, with no obligation to continue.
2. Arrest and bond. Bond and protective-order terms start at the first appearance before a magistrate.
3. Grand jury. The case may be presented to a grand jury. The firm reviews what the State presents and what can be challenged.
4. Evidence review. Police, forensic and digital records must be gathered and reviewed. No schedule is promised.
5. Resolution. The firm explains each option and its risks. You decide with the facts in front of you, whether that means negotiating or preparing for trial.

Knowing this helps you follow how the case moves.

Why Barbieri Law Firm

Barbieri Law Firm is an all-women criminal defense firm based in Frisco, Texas, led by Heather Jean Barbieri.

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

• The firm defends people accused of aggravated sexual assault, sex crimes, child sex crimes, online sex crimes, aggravated assault, family violence, and theft for students and non-citizens.
• Our team reviews the evidence, including video, forensic results and digital records, and explains the options and risks.
• Heather Barbieri is the lawyer named on this site. Office staff support the work.

No case results are described on this page, and no result can be promised.

Common Questions About Aggravated Sexual Assault Defense

Most questions about this charge come down to the offense date, the victim’s age and the prior record.

Talk With Us About Your Case

If you face an aggravated sexual assault allegation, an arrest or a pending Collin County case, you don’t have to sort out the charge alone. Barbieri Law Firm is an aggravated sexual assault defense law firm serving Collin County, and our team is ready to talk. Send your case details through the contact form or call (972) 424-1902.

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