Dallas Sexual Assault Defense Attorneys
Sex crime prosecutions are on the rise, and sexual assault stands among the most serious, shocking, and violent of those allegations.
Under Texas criminal law, sexual assault can refer to any sexual contact, advance, or threat made against someone else without consent or by using violence. It includes the common law crime of rape.
Sexual assault allegations are extremely serious, and the ramifications of conviction can follow a defendant for the rest of his or her life. Anyone under suspicion, investigation, or criminal charge for sexual assault in Texas needs to take immediate action.
Of course, even for those who aren’t ultimately convicted, the mere suspicion of sexual assault can, by itself, ruin lives. The allegation is so scandalous and salacious that the accused often have a hard time finding employment or maintaining a reputable standing in society even if the allegations were entirely false.
Speaking of false allegations, they are not uncommon in sexual assault cases. While no one wants to doubt the veracity of an alleged victim’s claims, we must also recognize that the accused are entitled to fairness and a vigorous defense.
We understand that these situations aren’t always what they seem. We are here to help, not to judge. We will listen to your story, and if we believe we can help (as we often can), we’ll do everything in our power to fight for your freedom.
We have successfully represented many people facing serious sex crimes in Texas frequently preventing their prosecutions altogether. Our goal is always to achieve a dismissal of the charges against you.
You can count on our Dallas sexual assault defense attorneys to fight for your freedom and your reputation.
Defining Sexual Assault in Texas
While prosecutors may apply different statutes in different cases, sexual assault is generally defined as the use of violence, threats, coercion, or incapacitation (i.e., drugging) in the course of a sex act, without consent.
The question of consent often becomes a focal point in these cases, and it’s important to understand that the answer is often difficult to determine with legal certainty.
The prosecution has the burden of proving the defendant’s guilt, but the court treats these cases with a great deal of deference and sensitivity to the victims. Moreover, in some cases, even if the victim did communicate consent, the charges may still stand if the victim did not have the legal ability or the capacity to freely consent.
It is also important to realize that any kind of penetration is generally sufficient to support a conviction in these cases, including oral sex, anal sex, and/or vaginal sex.
These are difficult cases to defend against, so it’s important that you work with lawyers who have significant experience in sexual assault defense. You need an attorney who can aggressively defend your rights and fight for your freedom while also approaching the case with the delicacy and sensitivity that the courts will require.
Types of Sexual Assault in Texas
There are many types of sexual assault, and a wide range of criminal activity might be treated as a form of sexual assault in Texas.
Common types of sexual assault include:
- Forcible rape
- Date rape
- Statutory rape
- Marital rape
- Sexual crimes against children
- Indecency with a child
- Indecent exposure
- Online solicitation of a minor
- Using drugs or alcohol to induce non-consensual sexual activity
Our Dallas sexual assault defense attorneys are prepared to defend you against these allegations, as well as any other alleged sex crime in Texas. We are also admitted to practice in the federal courts and have extensive experience as federal criminal defense attorneys, as well.
Aggravated Sexual Assault
While any sexual assault charge must be taken seriously, cases involving aggravated factors are prosecuted as even more serious offenses.
An assault charge can be escalated to aggravated sexual assault or even super-aggravated sexual assault (part of “Jessica’s Law”) if it involves an additional aggravating factor.
There are many aggravating factors relating to the victim’s age, the victim’s disability, the use of violence or force, the act of penetration (including oral penetration), the use of a deadly weapon, the presence of more than one aggressor committing the assault, and the intentional use of the “date rape” drug, etc.
Contact Our Dallas Sexual Assault Defense Attorneys
We understand the charges against you, and we can help. Our goal is to see you go home with a clean record (including being kept off of the sex offender registry). Let us fight for you. Please call Oberheiden, P.C. at 1-888-727-5154 or contact us online to ask for a free consultation today.
Dr. Nick Oberheiden is a national litigation and trial criminal defense attorney who practices exclusively in the area of federal law.