Defending Sexual Assault Charges in Collin County

A sexual assault charge in Texas is serious, and the first decisions matter. This guide explains what the charge means, what can happen next, and how a sexual assault defense lawyer in Collin County, Texas reviews a case. It is written for the accused and for family members trying to make sense of a situation they did not choose.

What a Sexual Assault Charge Means in Texas

Sexual assault is defined by the facts the State must prove. Under Texas law, a person commits the offense of sexual assault when they intentionally or knowingly cause penetration or contact without the other person’s consent. The statute also covers cases where the other person is unconscious or unaware, and cases involving a child.

Aggravated sexual assault is the more serious charge. Under Texas law, an aggravated sexual assault charge may rest on the same lack-of-consent circumstances that apply to sexual assault. Examples include serious bodily injury, a deadly weapon, or a victim younger than 14. The charging document shows which facts the State claims.

A conviction can also bring sex offender registration. Sexual assault and aggravated sexual assault count as sexually violent offenses when the person is 17 or older. Registration can last far beyond any sentence, so ask about it early.

What Penalties Can a Sexual Assault Charge Carry?

Sexual assault is generally a second-degree felony, and aggravated sexual assault is a first-degree felony. The exact charging language in a case is worth reviewing closely with a lawyer. Ask your lawyer to confirm which degree applies to your charge.

A second-degree felony carries 2 to 20 years in prison and a fine up to $10,000. A first-degree felony carries life or 5 to 99 years and a fine up to $10,000.

Some aggravated cases carry a higher minimum. Under § 22.021(f), the minimum term rises to 25 years when the victim is younger than 10, or younger than 14 in certain listed manners.

Registration is a separate consequence. Under art. 62.101, the duty to register for a sexually violent offense generally lasts until death, with exceptions the statute lists. Parole rules add another layer. The Texas Department of Criminal Justice explains parole voting rules and possible review delays for aggravated sexual assault convictions.

What Our Sexual Assault Defense Covers

A sexual assault defense starts with the exact charge and the evidence behind it. Our work includes:

• Review of the charging document, the police report, and any affidavit.
• Examination of physical and forensic evidence, including DNA results and medical or forensic exam records when they exist.
• Review of recorded interviews, body camera video, texts, and social media messages between the parties.
• Investigation of the timeline, locations, witnesses, and evidence about consent.
• Bond and pretrial release advice, including what to avoid while the case is pending.
• Negotiation with the prosecutor, pretrial motions, and trial preparation when a case goes to trial.

We review the evidence and explain your options, so you can decide with full information.

Where We Defend Sexual Assault Cases

We handle sexual assault defense matters in Collin County and nearby cities. These include Prosper, McKinney, Plano, Allen, Celina, and Frisco, where the firm is based. Our work also reaches the Dallas-Fort Worth region and other parts of Texas.

A case can be filed in one county while some evidence sits in another. Police in one city may collect records that matter in a case filed in a neighboring city. We confirm where the charge was filed and where the evidence is kept during the first review.

What Not to Do Before You Speak With a Lawyer

The first days after an accusation are when avoidable mistakes happen. Keep these points in mind:

• Do not give a police interview or written statement before you talk with a lawyer.
• Do not contact the other person, their family, or witnesses, including by text or social media. A Travis County protective-order guide explains that a Texas protective order can impose no-contact limits in sexual-assault cases.
• Do not delete messages, photos, or accounts. Keep them and bring them to your lawyer.
• Do not post about the allegation or the case online.
• Be fully honest with your lawyer. Talking through your situation with a lawyer before you speak with others about it can help you understand your options.

How a Sexual Assault Case Typically Moves Forward

A case usually moves from arrest and bond to charging, evidence exchange, and then negotiation or trial. The steps below show the general path.

1. First consultation: We discuss the facts, explain the charge, and outline next steps.
2. Evidence review: We go through the charging papers, police reports, and any forensic records.
3. Arrest, magistration, and bond: Magistration is the first court appearance. Release conditions are set here, and a lawyer can address them early.
4. Charging decision, arraignment, and discovery: These are stages a case may move through, and each one is worth reviewing with a lawyer.
5. Pretrial investigation and motions: We investigate further and negotiate with the prosecutor.
6. Trial or resolution: We explain each option so you can decide how to proceed.

Timelines change with the facts and the court’s calendar. No lawyer can say how long a case will take.

Why Barbieri Law Firm for a Sexual Assault Charge

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

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization. She is the firm’s founding attorney. Our lawyers include Heather Barbieri and Carrie Thomas.

Our team explains the charge in plain language and reviews the evidence in full. We then lay out your options so you can make informed decisions. No lawyer can promise a result, so we review each case on its own facts.

Questions People Ask About Sexual Assault Charges

Short answers to common questions are below. A lawyer can add detail for your facts.

Talk Through Your Situation With Barbieri Law Firm

If an accusation or a police call has come without warning, you may be facing a bond decision, a protective order, and a family crisis all at once. You don’t have to work out the next step alone.

This page gives general information. It is not a promise of any outcome, and no lawyer can give one. To talk through the facts, send your case details through our contact form or call (972) 424-1902.

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