Aggravated Sexual Assault Defense in Texas

Aggravated Sexual Assault Defense Lawyer Texas

When you search for an aggravated sexual assault defense lawyer Texas, the first step is understanding the charge. Aggravated sexual assault is a sexual assault plus at least one aggravating circumstance listed in Texas law, and it is a first-degree felony. Barbieri Law Firm, based in Frisco, serves clients in Collin County, Dallas-Fort Worth, and across Texas. This page explains the offense, the punishment range, and how a defense works.

What Aggravated Sexual Assault Means Under Texas Law

Aggravated sexual assault is a sexual assault combined with one of the aggravating circumstances listed in the statute.

• The sexual act. The statute covers penetration or contact without consent, and, when the other person is a child, the specified sexual conduct regardless of consent or of whether the person knows the child’s age. Texas Penal Code § 22.011 defines sexual assault, including conduct committed without the other person’s consent.
• The aggravating circumstance. Examples include causing serious bodily injury, using or exhibiting a deadly weapon, and placing the victim in fear of death or serious bodily injury. Under Texas Penal Code § 22.011, a child is a person younger than 17 years of age; other aggravating circumstances, such as a victim younger than 14 or acting with another person, are set out in § 22.021.
• Key terms. Serious bodily injury is bodily injury that creates a substantial risk of death, among other harms.
• Sexual assault versus aggravated. Ordinary sexual assault is usually a second-degree felony. Aggravated sexual assault is a first-degree felony, which carries a much higher range.

This page is for family members of someone who was arrested or is under investigation and wants to understand what comes next for their loved one. If the allegation involves online contact, see our online sex crimes defense page.

Penalties, Enhancements, and Registration

Under Texas Penal Code § 22.021, an offense of aggravated sexual assault is a felony of the first degree. Penal Code § 12.32 sets that range.

• Minimum term. Under § 22.021(f), the minimum rises to 25 years only in specific cases. Those include a victim younger than 10, or a victim younger than 14 when the offense is committed in a manner described in § 22.021(a)(2)(A). It is not a standard sentence for every case.
• Mandatory life. Under Texas Penal Code § 12.42, life imprisonment can apply when specified prior final felony convictions are shown at trial. Subsection (c)(3) of Texas Penal Code § 12.42 provides that a defendant shall be punished for a capital felony if it is shown on the trial of an offense under Section 22.021 otherwise punishable under Subsection (f) of that section that the defendant has previously been finally convicted of the offenses listed in that subdivision. The listed offenses include one under Section 20.04(a)(4), Penal Code, if the defendant committed the offense with the intent to violate or abuse the victim sexually. Section 12.42(c)(4) requires life in prison without parole when a defendant on trial for an offense under § 20A.03 or a sexually violent offense committed on or after the defendant’s 18th birthday has previously been finally convicted of one of the offenses that subdivision lists. Read both subsections in full, because this summary does not list every condition.
• Registration. A conviction for aggravated sexual assault is a reportable conviction under Code of Criminal Procedure art. 62.001. For a person 17 or older, it is also a sexually violent offense.

What Our Defense Covers

Our defense starts with the charging papers and the evidence, and it covers every stage from bond to trial. Each case turns on its own facts, so we don’t use a template.

• Charging papers and conditions. We review the charge, the complaint, and any bond conditions or protective order to see exactly what the State alleges.
• Evidence. We review medical and SANE (sexual assault nurse examiner) reports, DNA results and chain of custody, texts, call logs, video, and location data.
• Investigation. We build a timeline, interview witnesses, and look for gaps or inconsistencies in the State’s account.
• Bond and protective orders. A violation of a bond condition can be its own offense when the bond is set in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case and relates to the safety of a victim or the community. Under Penal Code § 25.07, it can be a third-degree felony when it involves an assault or stalking.
• Negotiation or trial. We explain each option and its consequences before any decision is made.

No lawyer can promise a particular result. We review the evidence, explain your options, and build the defense around the facts of your case.

How the Process Works, Step by Step

The process starts with a free initial consultation and moves through document review, bond work, investigation, and a decision on how to proceed. Each step is explained in plain language before we take it.

1. Free initial consultation. You share what you know about what happened, and we explain the charge your loved one faces. The consultation carries no obligation to continue.
2. Document review. We review the charging papers and put in writing the exposure and any deadlines that apply.
3. Bond and release. We address conditions of release and any protective order early.
4. Investigation and evidence. We request the State’s evidence, including forensic testing, and gather our own.
5. Court steps. We handle the court steps that apply to your case, such as arraignment and pretrial motions.
6. Decision on resolution. We review the evidence with you and decide together whether to negotiate or prepare for trial.

Timing depends on the county, the court calendar, and how complex the evidence is. No fixed timeline fits every case.

Why Barbieri Law Firm for This Charge

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization. Heather leads Barbieri Law Firm, an all-women criminal defense firm based in Frisco, Texas.

• The firm serves Collin County, Dallas-Fort Worth, and Texas.
• Its work centers on sex crimes and assaultive offenses, including aggravated sexual assault, child sex crimes, online sex crimes, aggravated assault, and family violence.
• Our team includes support staff who help with office work.
• We explain what the evidence shows and where the State’s case may be weak, so you hear the hard parts too.

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

Common Questions Before Hiring a Defense Lawyer

Most people want to know how serious the charge is and what comes next.

Talk to Us About Your Loved One’s Aggravated Sexual Assault Charge

If your loved one faces an aggravated sexual assault charge in Collin County, Dallas, or elsewhere in Texas, call (972) 424-1902 to schedule a free initial consultation. You can also send your case details through our contact form before you call.

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