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Aggravated Sexual Assault

All sexual offenses are aggressively prosecuted in Texas, and maximum punishments are routinely sought for people accused of aggravated sexual assault. Sexual assault in itself (a crime that is more commonly referred to as rape) is a serious criminal charge, but aggravated sexual assault involved an element of alleged violence the prosecutors will use to portray alleged offenders as dangers to society.

Aggravated sexual assault is a felony offense in Texas, and convictions are punishable by lengthy minimum sentences possibly up to life in prison. Numerous factors can be raised in these cases which can make it difficult for a prosecutor to prove an alleged offender’s guilt beyond a reasonable doubt, including the alleged victim having provided consent or the alleged acts not actually resulting in serious bodily injury.

Lawyer for Aggravated Sexual Assault Arrests in Fort Worth, TX

If you think that you might be under investigation or you were already arrested for an alleged aggravated sexual assault in the DFW area, you should not say anything to authorities without legal representation. Contact Townsend, Gebhardt & Eppes, PLLC as soon as possible for help possibly getting these criminal charges reduced or dismissed.

Andrea Townsend, Steven Gebhardt, and Brian Eppes are experienced criminal defense attorneys in Fort Worth who represent individuals accused of sexual offenses in Weatherford, Arlington, Cleburne, Fort Worth, and several surrounding areas of Tarrant County, Parker County, and Johnson County. They can provide an honest and thorough evaluation of your case as soon as you call 817-502-3600 to take advantage of a free initial consultation.


Tarrant County Aggravated Sexual Assault Information Center


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Aggravated Sexual Assault Charges in Texas

Under Texas Penal Code § 22.021, an alleged offender can be arrested for aggravated sexual assault if that person commits the offense of sexual assault, which Texas Penal Code § 22.011 defines as intentionally or knowingly:

  • Causing the penetration of the anus or sexual organ of an alleged victim by any means, without the alleged victim's consent;
  • Causing the penetration of the mouth of an alleged victim by the sexual organ of the alleged offender, without the alleged victim's consent;
  • Causing the sexual organ of an alleged victim, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the alleged offender;
  • Causing the penetration of the anus or sexual organ of a child by any means;
  • Causing the penetration of the mouth of a child by the sexual organ of the alleged offender;
  • Causing the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the alleged offender;
  • Causing the anus of a child to contact the mouth, anus, or sexual organ of another person, including the alleged offender; or
  • Causing the mouth of a child to contact the anus or sexual organ of another person, including the alleged offender.

Sexual assault becomes aggravated sexual assault if:

  • The alleged offender causes serious bodily injury or attempts to cause the death of the alleged victim or another person in the course of the same criminal episode;
  • The alleged offender by acts or words places the alleged victim in fear that any person will become the victim of a trafficking of persons offense under Texas Penal Code § 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
  • The alleged offender by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of a trafficking of persons offense under Texas Penal Code § 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person;
  • The alleged offender uses or exhibits a deadly weapon in the course of the same criminal episode;
  • The alleged offender acts in concert with another person who engages in sexual assault directed toward the same alleged victim and occurring during the course of the same criminal episode; or
  • The alleged offender administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate (GHB), or ketamine to the alleged victim of the offense with the intent of facilitating the commission of the offense;
  • The alleged victim is younger than 14 years of age; or
  • The alleged victim is an elderly individual or a disabled individual.

For the purposes of this statute, a child is defined as a person 14 years of age or younger, an elderly individual means a person 65 years of age or older, and a disabled individual is defined as a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self.


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Aggravated Sexual Assault Penalties in Tarrant County

Aggravated assault is a first-degree felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000. Normally, the minimum sentence for such convictions is five years in prison, but this can be increased to no less than 25 years if:

  • The alleged victim was younger than six years of age at the time the offense was committed; or
  • The alleged victim was younger than 14 years of age at the time the offense was committed and the alleged offender caused serious bodily injury or attempted to cause the death of the alleged victim or another person in the course of the same criminal episode; by acts or words placed the alleged victim in fear that any person would become the victim of a trafficking of persons offense under Texas Penal Code § 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping would be imminently inflicted on any person; by acts or words occurring in the presence of the victim threatened to cause any person to become the victim of a trafficking of persons offense under Texas Penal Code § 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person; used or exhibited a deadly weapon in the course of the same criminal episode; acted in concert with another person who engaged in sexual assault directed toward the same alleged victim and occurring during the course of the same criminal episode; or administered or provided flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate (GHB), or ketamine to the alleged victim of the offense with the intent of facilitating the commission of the offense.

In addition to the criminal penalties listed above, it is also important to note that any person convicted of aggravated sexual assault is also required to register as a sex offender for the remainder of his or her life.


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Texas Aggravated Sexual Assault Resources

Brighter Tomorrows — Brighter Tomorrows provides a wide range of services to survivors of sexual assault. On this website, you can learn more about such services as emergency safe shelters, resource and counseling services, and other sexual assault services. You can also find ways to get involved and read about upcoming events.

Brighter Tomorrows
928 Bluebird Dr.
Irving, TX 75061
(972) 262-8383

Texas Association Against Sexual Assault (TAASA) — TAASA is a statewide nonprofit educational and advocacy organization committed to ending sexual violence in Texas. Use this website to find crisis centers, read about public awareness campaigns, and learn more about the root causes of sexual assault. You can also learn how to download the Texas Safety University app, which connects college students, faculty, and staff with sexual assault victim assistance on campus and in the community.


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Townsend, Gebhardt & Eppes, PLLC | Fort Worth Aggravated Sexual Assault Defense Attorney

Were you recently arrested or do you believe that you could be under investigation in the greater DFW area for an alleged aggravated sexual assault? No matter how confident you are in your innocence, do not make any kind of statement to police without first contacting Townsend, Gebhardt & Eppes, PLLC.

Fort Worth criminal defense lawyers Andrea Townsend, Steven Gebhardt, and Brian Eppes aggressively defend clients throughout Tarrant County, Parker County, and Johnson County, including Fort Worth, Weatherford, Arlington, Cleburne, and many other nearby communities. Call 817-502-3600 or complete an online form to have our attorneys review your case and answer all of your legal questions during a free, confidential consultation.


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