{"id":6012,"date":"2026-11-01T12:15:52","date_gmt":"2026-11-01T12:15:52","guid":{"rendered":"https:\/\/barbierilawfirm.com\/guides\/online-sex-crimes-defense-lawyer\/online-sex-crimes-defense-lawyer-sexual-assault-intoxicated-person-defense\/"},"modified":"2026-11-01T12:16:00","modified_gmt":"2026-11-01T12:16:00","slug":"online-sex-crimes-defense-lawyer-sexual-assault-intoxicated-person-defense","status":"publish","type":"page","link":"https:\/\/barbierilawfirm.com\/guides\/online-sex-crimes-defense-lawyer\/online-sex-crimes-defense-lawyer-sexual-assault-intoxicated-person-defense\/","title":{"rendered":"Intoxicated Person Sexual Assault Defense Lawyer Texas"},"content":{"rendered":"\n
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Criminal Defense | Frisco, Texas | Collin County and Dallas-Fort Worth<\/p>

Defending People Accused of Sexual Assault of an Intoxicated Person<\/h1>

Barbieri Law Firm is an all-women criminal defense firm in Frisco. We review the charging papers, the timeline, the records and the evidence, and explain your options from the first conversation.<\/p>

Schedule a Free Consultation<\/a><\/div>
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By Heather Barbieri \u00b7 Published November 1, 2026<\/p>\n\n

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A Call You Did Not Expect: Facing an Intoxication-Based Sexual Assault Accusation<\/h2>\n

An accusation of sexual assault involving someone who had been drinking or using drugs can start with a detective’s call, a protective order or an arrest warrant. An accusation is not a conviction. The first hours matter.<\/p>\n

Searching for a sexual assault intoxicated person charge defense lawyer Texas can feel urgent when police have already made contact. You may remember that night one way. The other person may remember it differently. You may be asking whether you’ll keep your job, your license and your family.<\/p>\n

Before you answer police questions, it can help to talk with a lawyer about your options. Talking with a defense lawyer first helps you understand what the state has alleged and what you should say, and when.<\/p>\n

This page explains how Texas law treats consent when a person was intoxicated, what the penalties are, what registration can mean, and what a defense review examines.<\/p>\n\n

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If a detective has called after a night you remember differently, you don't have to sort this out alone; reach out for a free, confidential talk about your next step. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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How Texas Penal Code \u00a7 22.011 Treats Consent When a Person Is Intoxicated<\/h2>\n

Texas treats sexual contact or penetration as without consent when the accused knows the other person is intoxicated or impaired by a substance to the point of being incapable of consenting. The rule appears in Texas Penal Code \u00a7 22.011<\/a>.<\/p>\n

The same section covers other grounds. These include a person who is unconscious or physically unable to resist, and a person who is unaware the assault is occurring. Each ground has its own facts.<\/p>\n

The key word is “knows.” The statute turns on what the accused knew about the other person’s condition. Many facts about a case can bear on that question.<\/p>\n

Intoxication alone does not establish the offense. The state must still prove each element of the charge, including the conduct and the lack of consent.<\/p>\n

The exact elements depend on the charging language and the facts alleged. That is why a first review starts with the charging papers, not with a general summary of the law.<\/p>\n

Penalties and Long-Term Consequences in Texas<\/h2>\n

Sexual assault under \u00a7 22.011<\/a> is generally a second-degree felony. Texas law sets the range for that grade at 2 to 20 years in prison, plus a fine of up to $10,000.<\/p>\n

Registration is a major concern. Texas defines a “sexually violent offense” to include sexual assault under \u00a7 22.011<\/a> when the person is 17 or older. That definition appears in the definitions section of Texas Code of Criminal Procedure art. 62.001<\/a>. Whether it applies to a given case depends on the facts and the outcome.<\/p>\n

Aggravated sexual assault is more serious. Under \u00a7 22.021<\/a>, it is a first-degree felony. It can apply when a person, with the intent of facilitating the offense, administers or provides to the victim a substance capable of impairing the victim’s ability to appraise the nature of the act or to resist it. The minimum prison term rises to 25 years if the victim is younger than 10 years of age, or is younger than 14 and the actor commits the offense in a manner described by Subsection (a)(2)(A) of \u00a7 22.021<\/a>.<\/p>\n

A charge can affect a job, a professional license, a marriage and daily family life. That can happen before any case is decided. Ask what the state has actually alleged, including whether it claims an aggravating factor.<\/p>\n

What the Defense Examines: Texts, Witnesses, Toxicology and the Timeline<\/h2>\n

A defense review rebuilds the night in order. Then it tests each part of the state’s account against records. These items usually matter most:<\/p>\n