Facing an Aggravated Sexual Assault of a Child Charge? Talk With a Texas Defense Lawyer Today

If you need an aggravated sexual assault of a child defense lawyer in Texas, this page explains the charge, the penalties and the process in plain terms. Aggravated sexual assault of a child is a first-degree felony. Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. It defends professionals accused of sex crimes and assaultive offenses across Collin County, Dallas-Fort Worth and Texas.

What Aggravated Sexual Assault of a Child Means Under Texas Law

Aggravated sexual assault of a child is a first-degree felony under Texas Penal Code § 22.021. The conduct in subsection (a)(1), done intentionally or knowingly, involves penetration of, or certain contact with, a child’s anus, sexual organ or mouth; the offense also requires an aggravating circumstance listed in subsection (a)(2). It applies whether or not the accused knew the child’s age.

Subsection (a)(1) of Texas Penal Code § 22.021 describes the conduct portion of aggravated sexual assault. The first is intentionally or knowingly causing, without the other person’s consent, the penetration of another person’s anus or sexual organ by any means, the penetration of another person’s mouth by the actor’s sexual organ, or the other person’s sexual organ to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor. The second is, regardless of whether the person knows the child’s age at the time of the offense, intentionally or knowingly causing the penetration of a child’s anus or sexual organ by any means, the penetration of a child’s mouth by the actor’s sexual organ, or a child’s sexual organ to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor. Subsection (a)(2) lists the aggravating circumstances, including a victim younger than 14, serious bodily injury, a deadly weapon or threats, and the specific aggravator alleged in the charge shapes how the case is defended.

Under the first-degree felony penalty range, the sentence is life, or 5 to 99 years, in prison, plus a fine up to $10,000 (Penal Code § 12.32). However, under § 22.021(f), the sentence is a minimum of 25 years when the victim is younger than 6, or younger than 14 with certain aggravating circumstances, and a person serving a sentence for an offense under § 22.021 punishable under subsection (f) is not eligible for parole under Gov’t Code § 508.145(a). For other § 22.021 sentences, parole eligibility generally follows Gov’t Code § 508.145(d), except the repeat-offender life sentences described below. The Texas Attorney General’s offense ranges chart also lists these ranges.

Prior felony convictions raise the range. Under Penal Code § 12.32, a first-degree felony is punishable by life, or by 5 to 99 years. Except as provided by subdivisions (c)(3) and (c)(4), Texas Penal Code § 12.42(c)(2) requires imprisonment for life in the Texas Department of Criminal Justice when a person convicted of a listed sexual offense, such as an offense under Section 20A.03, sexual assault or aggravated sexual assault, has a previous conviction for a listed sexual offense. A life sentence under § 12.42(c)(2) is not eligible for parole until the person has served 35 calendar years under Texas Government Code § 508.145(c). Separately, § 12.42(c)(4) requires life without parole for certain repeat sexual offenses against children.

Who This Defense Is For

Adults facing this charge, and the family members who support them, need a clear picture of the case before making decisions. This defense fits several common situations.

• Adults who deny the allegation and want the evidence tested.
• Parents, relatives and partners who need to understand charges, bond and court dates.
• Professionals such as teachers, coaches, medical staff and clergy, whose jobs and licenses may be at stake.
• Cases that began with a delayed disclosure, a school or family report, a custody dispute or digital evidence.

We defend clients in Collin County, Dallas-Fort Worth and across Texas, working from our base in Frisco. If digital evidence is part of the case, our online sex crimes defense page explains that area. Our child sex crimes defense page covers related charges.

What the Defense Covers

An aggravated sexual assault of a child defense lawyer in Texas reviews the charge, the evidence, bond and each court step. The work is not a single task. It includes these parts.

• Charging papers: Checking whether each allegation matches the elements of the offense.
• Child interview and records: Reviewing any forensic interview recording, medical examination records, outcry statements and Children’s Advocacy Center materials.
• Digital evidence: Reviewing phone records, messages, images and the search warrants used to get them.
• Bond and release: Handling bond hearings, release conditions and no-contact orders. Violating certain bond conditions in a sexual assault case can be a separate offense under Penal Code § 25.07.
• Pretrial motions: Challenging evidence and interview procedures where the facts support it.
• Plea talks and trial: Negotiating with prosecutors and preparing for trial. Each option’s consequences are explained before any decision.

How the Process Works, Step by Step

The case moves in stages, and each stage can take a different amount of time. Early decisions often matter most.

1. Free initial consultation. You describe what happened. We explain the charge, the penalty range and the next steps. The consultation is free and carries no obligation to continue.
2. Immediate decisions. Bond, release conditions and any contact with investigators are addressed before any statement is made.
3. Investigation. We review the evidence. Length varies widely by case, so no fixed timeline applies.
4. Grand jury or indictment, and arraignment. We explain what each stage means and what it requires of you.
5. Discovery and motions. The state shares its evidence, and we file motions where the facts support them.
6. Resolution. The case ends by plea or trial. We explain each path honestly, and no outcome is predicted.

What Barbieri Law Firm Offers

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

• Certified lawyer: Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization.
• Practice areas: Sex crimes, aggravated sexual assault, child sex crimes, online sex crimes, aggravated assault and family violence defense.
• Team: “Our team” means Heather Barbieri and the support staff who assist the practice.
• Honest scope: No lawyer can ensure a particular result. We review the evidence and explain your options.

Questions People Ask Before Calling

Short answers to the most common questions come first. A consultation covers the rest.

Will the charge be dropped? No lawyer can ensure a particular result. We review the evidence and explain the options that are realistic for your case.

Do I have to talk to police? Many people choose to speak with a lawyer before answering investigators’ questions. Share all relevant facts with your lawyer so the review is complete.

How much does a defense cost? The first consultation is free and carries no obligation to continue. Fees are discussed openly at that meeting.

Can a forensic interview be challenged? Yes. The recording, the interview procedure and how the evidence is used can be reviewed and challenged where appropriate.

I have not been charged yet. What now? Contact a lawyer early, because decisions made during an investigation can affect later options.

Does a conviction mean registration? Aggravated sexual assault by a person 17 or older is a sexually violent offense under Code of Criminal Procedure art. 62.001. Under art. 62.101(a)(1), the registration duty for that offense ends at death, subject to the statute’s exceptions.

Talk With Heather Barbieri About Your Case

Talking with an aggravated sexual assault of a child defense lawyer in Texas can give you a clear picture of the charge, the penalty range and the next steps. If police have contacted your family, a grand jury notice has arrived, or an allegation has just surfaced, you don’t have to work through it alone. Schedule your free initial consultation through our contact page, call (972) 424-1902, or send us your case details there. No lawyer can ensure a particular result, but our team will review the evidence with you and explain your options.

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