If you are accused of or arrested for rape in Houston, you face serious penalties. This could include significant time behind bars if convicted. However, facing charges does not mean there is no hope of clearing your name or getting the charges against you reduced.
Choosing the right Houston rape lawyer can give you a fighting chance to protect your freedom and your future.
When our Houston sex crimes lawyer from Blass Law handles your criminal defense case, we pursue the best possible outcome based on the circumstances and evidence.
We will fight to clear your name and heal your reputation or reduce the charges and penalties you face. Call us today to get started.
How Does Texas Law Define Rape?
As our Houston criminal defense lawyers can explain, in Texas, there is no criminal offense titled rape. You will not face charges of rape. Instead, you would face charges of sexual assault.
This crime is defined in Texas Penal Code § 22.011. Sexual assault, according to this statute, occurs when someone intentionally or knowingly:
- Penetrates the anus, mouth, or sexual organ of another person without their consent
- Penetrates the sexual organ of a child
- Causes someone’s sexual organ to contact or penetrate another person’s mouth, anus, or sexual organ without consent
Lack of Consent Under Texas Law
Texas law provides several circumstances where there is a lack of consent regardless of the other details of the case. This includes:
- When there is physical force or threats of violence against either the victim or another person
- When the victim is unconscious or physically unable to resist
- When drugs or alcohol given by the accused impair the victim’s ability to resist
- When the victim is mentally disabled and incapable of giving consent
- When the victim is unaware that the sexual act is occurring
Texas law also states that the act cannot be consensual when the accused party is a public servant, clergy member, or medical professional using their authority over the victim to commit sexual assault.
What Is Aggravated Sexual Assault?
Aggravated sexual assault is a more severe form of the crime. There are aggravating factors in play, and the accused party could face elevated penalties. Some aggravating factors include:
- When the victim is under the age of 14
- When the victim is elderly or disabled
- When the victim suffers serious bodily injury
- When there is a deadly weapon involved
- When it occurs in conjunction with another felony offense, such as kidnapping
Why Choose Our Houston Rape Lawyer to Represent You in Your Case
At Blass Law, Attorney Jay Blass Cohen is a criminal defense lawyer who has helped many clients clear their names or get the best possible outcome in their cases.
He builds compelling defense arguments and uses strong legal strategies to get charges dropped or reduced or reduce the penalties his clients face.
He is a certified ACS-CHAL Forensic Lawyer-Scientist and certified in forensic chromatography for both alcohol and drugs. This can be especially helpful if alcohol or drugs were involved in your case. This is common in sexual assault allegations.
As you can see from our firm’s case results, Jay is committed to Keeping Innocent People Innocent®. When you choose our team, you will benefit from his commitment, knowledge, education, and protection. He will put up a fight for your future, helping you keep your freedom and restore your reputation.
Our Lawyer Understands the Possible Penalties for Sexual Assault in Houston, Texas
If convicted of rape, you could face serious penalties. This could include time behind bars in a state prison and fines of up to $10,000. The courts could also include additional consequences along with a felony conviction, such as mandatory drug counseling or a period of community supervision (probation).
In general, prison sentences for a sexual assault, typically a second-degree felony, call for two to 20 years of incarceration. Parole or probation may be possible for some of this time. If convicted of aggravated sexual assault, this is usually a first-degree felony conviction. You could face up to 99 years or life in prison.
A rape conviction also requires registration as a sex offender once released from prison. All sexual assault convictions require this as a part of the Texas Sex Offender Registration Program.
What Defense Strategies Can Our Houston Rape Attorney Use to Help Clients Protect Their Futures?
In a Texas rape case, the defense strategy depends greatly on the specific details of the case and available evidence. Some of the most common legal strategies used by our legal team include:
- The encounter was consensual. This may be supported by text messages, witness testimony, or video.
- The accuser is making a false allegation. They may have a motive to lie, such as revenge or a custody dispute, or there may be major inconsistencies in their story.
- The victim is mistaken about the identity of their attacker. This defense usually includes having an alibi, such as video, GPS data, receipts, or witnesses.
- The police made mistakes. Evidence may be barred from court if obtained through illegal searches, coerced confessions, or other rights violations.
How Will a Houston Rape Defense Attorney Help Me Avoid the Harshest Penalties?
When you face sexual assault allegations in Houston, you want a criminal defense attorney from our firm on your side. Our Houston sexual assault lawyer can help you fight the accusations and get the best possible outcome in your case, including avoiding the harshest penalties. This could include:
- Challenging Evidence: Your lawyer can look for inconsistencies and other issues in lab results, medical reports, and witness statements.
- Building a Strong Defense: We develop strategies to cast doubt on your guilt, helping us negotiate a deal or clear your name.
- Negotiating Plea Agreements: When necessary, we will negotiate to secure a reduced charge or lighter sentence.
- Filing Motions: We will prepare and file legal motions as a part of managing your case.
- Representing You in Court: We cross-examine witnesses and present our own to weaken the prosecution’s case.
Talk to Our Houston Rape Lawyer Today During a Confidential Consultation
Blass Law offers confidential consultations for those facing rape allegations in Houston. Our Houston rape attorney can help you fight accusations to get a better outcome in your case.
Contact us today to get started.