Denton Aggravated Sexual Assault Attorneys

Denton County Sex Crime Defense Lawyers for Aggravated Sex Assault Charges in Flower Mound, Lewisville, and Gainesville

Any kind of sexual assault allegation can bring your entire life to a screeching halt. Sexual assault in any form, including date rape and statutory rape, is dealt with very harshly in Texas. If your sexual assault charge includes an aggravating factor, then you are facing elevated penalties. Aggravated sexual assault is a first-degree felony, punishable in some cases by life imprisonment. If convicted, you would become a registered sex offender for life, likely subject to significant restrictions and even an embarrassing notification requirement. As you can see, you are in extreme legal jeopardy when you face aggravated sexual assault charges.

At a time when you may feel as if everyone is against you, Magaña & Van Dyke will serve as a powerful legal advocate for you. Our attorneys treat all clients with respect and compassion, regardless of what they have been accused of. You are entitled to be treated as innocent until proven guilty, although it may not feel like it right now. We take your rights very seriously, no matter what.

Aggravating Factors in Texas Sexual Assault Cases

It is important to understand the types of circumstances that separate sexual assault from aggravated sexual assault. In Texas, your charge could be increased to aggravated sexual assault if any of these factors are present:

• Elderly or disabled victim - The disability in question could be mental, intellectual, or physical.
• Victim under 14 years old - The offense may be called statutory rape if the victim is between 14 and 17 years old. You may be accused of child molestation if the alleged victim is under 14 years old.
• Weapon - This includes, but is not limited to, the use of a gun. Exhibiting a weapon is sufficient, even if it was not used to harm the victim.
• Violence or serious threat - Using violence against the victim or causing the victim to believe they will be seriously hurt, killed, or kidnapped satisfies this requirement.
• Use of date rape drugs - Classic date rape drugs, like "roofies" are included. However, administering any substance that would impair the alleged victim's ability to understand the nature of the sex act they are engaging in or to resist the act will be considered using a date rape drug to facilitate the offense.

Magaña & Van Dyke may base your defense strategy around defeating the aggravating circumstance in order to reduce your charge.

Attorneys for Defenses to Aggravated Sexual Assault in Denton County

Because both the requisite sexual assault and the aggravating circumstance must be proven to sustain a conviction for aggravated sexual assault, there are multiple ways that our attorneys can seek to defend you. Challenging the validity of the aggravating circumstance will reduce your charges, but in many cases, we can take it one step further and raise a defense to the accusations of sexual assault. Affirmative defenses used in rape cases include:

• Marriage - If you were married to the alleged victim at the time of the offense, this can defeat a rape charge in Texas.
• Consent - In some cases, the alleged victim did in fact consent at the time, only to later claim they were assaulted. False accusers may have a wide range of motivations for making a false accusation.
• No coercion - If there was no force used, threats made, or other forms of duress applied before or during the sex act, we may argue that your conduct does not meet the legal definition of sexual assault.

These are just a select few of the defenses our firm may employ for those accused of sexual assault.

Contact a Denton County Aggravated Sexual Assault Lawyer

If you have been accused of aggravated sexual assault in Texas, you can rely on Magaña & Van Dyke to put forth your strongest possible defense strategy. Call us at 940-382-1976 to schedule a free and confidential initial consultation.