Bryan Sexual Assault Lawyers

In our society, there is a strong aversion to crimes of a sexual nature. It's entirely justified and healthy for us to feel appalled by offenses such as rape, assault, and the exploitation of minors. However, issues arise when there is an automatic assumption that the seriousness of a crime always reflects the defendant's guilt—or even the truth of the alleged crime. 

Defendants seeking a sexual assault lawyer in Bryan, College Station, and throughout Brazos County need to know that their attorney believes in basic principles like innocence until proven guilty, and the right to due process. Furthermore, defendants should be confident that their lawyer has a proven ability to win at trial. When people accused of sexual assault come to James, Reynolds, Spiegelhauer & Ask, they find an attorney who is all of those things and more. 

Call our office today at (979) 227-3305 or contact us online to schedule a free consultation. 

How to Beat a Sexual Assault Charge

Every case is different, so there is no one-size-fits-all solution. The defense strategy for you or your loved one will be determined after your initial consultation. 

That said, there are some basics that defendants can keep in mind as they work to maintain hope: 

• The advance of science has been an ally of innocent defendants in sexual assault cases, as DNA evidence is often left behind in these crimes.
• If the defendant's DNA does not match that found at the scene, the prosecution may face significant challenges.
• The legal principle of innocent until proven guilty applies, despite natural empathy toward the alleged victim.
• If the jury has any doubts at all about guilt, they are obligated to acquit the defendant. Moreover, the certainty of guilt—beyond a reasonable doubt—must be shared by all 12 jurors unanimously. 

These are just a few of the cards our legal defense team can play. As a firm that has served the community since 1983, we know the importance of challenging the prosecution every step of the way, and on even the smallest of details. 

Penalties for Sexual Assault in Texas

According to the Texas Penal Code, sexual assault is generally classified as a second-degree felony. The circumstances of each specific case can result in different charges. On the other hand, if violence is involved, first-degree felony charges might be forthcoming. When you talk to our sexual assault attorneys, we’ll review the unique factors of your case. 

Generally speaking, though, second-degree felony charges are the standard. The penalties for conviction are a minimum of 2 years in prison, with a maximum jail sentence of 20 years. 

It’s important to note, however, that this presumes the victim is above the age of content (17 years old is the age of consent for sexual relations in Texas). When the victim is a child or a minor, the penalties become even more severe. This includes those under the age of 17, and if the victim is under the age of 14, the possible charges and penalties can escalate still further.

Bryan Sexual Assault Defense FAQ 

How can a sexual assault defense lawyer help me?

A defense lawyer will thoroughly review the specifics of your case, identify weaknesses in the evidence, and build a tailored defense strategy. This might include questioning the credibility of witnesses, investigating potential false accusations, or challenging evidence gathered improperly. A skilled attorney is key to protecting your rights and navigating the legal process effectively.

What should I do if I’ve been accused of sexual assault?

Do not speak to law enforcement or anyone else about the allegations without consulting an attorney first. Anything you say can be used against you in court. Contact a qualified sexual assault defense lawyer immediately to start building your defense and preventing further legal challenges.

Will my case go to trial?

Not all sexual assault cases end up in trial. Many are resolved through plea agreements or may even be dismissed due to insufficient evidence. If your case does go to trial, your attorney will fully represent you in court and advocate for the best possible outcome.

Will being accused of sexual assault affect my job or personal life?

Being accused of sexual assault can have significant personal and professional consequences, even if you are not convicted. Employers, friends, or family might react to the accusation. A defense attorney can work to minimize the public’s knowledge of the case and help protect your reputation as much as possible.

What is the difference between sexual assault and aggravated sexual assault?

Aggravated sexual assault generally involves additional aggravating factors, such as using a weapon, causing serious physical injury, or targeting vulnerable individuals like children. Aggravated sexual assault carries harsher penalties, including longer prison sentences and higher fines.

Do I need an attorney even if I believe I am innocent?

Yes, even if you are innocent, it is critical to hire an experienced defense attorney. Sexual assault cases often rely on complex evidence and testimony, and the stakes are incredibly high. A lawyer will ensure your rights are protected and build a strong defense to clear your name.

How long does the legal process for a sexual assault case take?

The timeline varies depending on the complexity of the case and whether it goes to trial. Some cases may resolve in a few months, while others might take over a year. Your attorney will keep you updated on the progress and help you prepare for each step.

What happens if the alleged victim does not want to press charges?

Once an accusation is made, the state may choose to prosecute the case regardless of the alleged victim’s wishes. The prosecutor will determine whether to move forward based on the evidence. Your attorney can work to challenge the prosecution's case and advocate for dismissal or reduced charges.

Are conversations with my attorney confidential?

Yes, attorney-client communications are confidential. You can feel comfortable sharing all details of your case with your lawyer, knowing that this information is protected and will not be shared without your consent.

Can I avoid jail time if I am charged with sexual assault?

Each case is unique, and avoiding jail time depends on factors such as the evidence, potential plea agreements, and the skill of your attorney. Your lawyer will explore all possible avenues, including reduced charges or alternative penalties, to help you avoid incarceration.