Aggravated sexual assault is a first-degree felony in Texas, with 5 to 99 years or life in prison (Penal Code §§ 22.021(e), 12.32). A judge can’t give probation after a conviction for it. A conviction, or even a deferred adjudication, means registering as a sex offender for life if you were 17 or older at the time, and even parole takes serving half the sentence day for day and a two-thirds vote of the entire parole board. Most of these cases in Harris County involve a child under 14, and when the complainant is under 14 the State doesn’t have to prove force or a weapon, only the act itself (§ 22.021(a)(2)(B)). When the complainant is under 10, or under 14 and the State also alleges a factor like a weapon or a threat, the minimum is 25 years and there’s no parole (§ 22.021(f); Gov’t Code § 508.145(a)). The under-10 rule applies to offenses on or after September 1, 2025. For earlier dates the cutoff was under 6, and the law in effect on the date of the alleged offense is the one that controls. These cases are usually built on one person’s account, and they’re won by taking that account apart carefully.
Call (713) 664-4000. Everything you tell us is confidential. If a detective or CPS caseworker has contacted you, don’t answer questions until you’ve talked to us.
What makes a sexual assault aggravated
| Aggravating factor | Statute |
|---|---|
| The complainant was younger than 14, whether or not the accused knew the age | § 22.021(a)(2)(B) |
| Serious bodily injury, or an attempt to kill anyone, in the same episode | § 22.021(a)(2)(A)(i) |
| Threats, by words or acts, of death, serious bodily injury, kidnapping or certain trafficking against anyone | § 22.021(a)(2)(A)(ii), (iii) |
| Using or exhibiting a deadly weapon | § 22.021(a)(2)(A)(iv) |
| Acting together with another person who also sexually assaults the same person | § 22.021(a)(2)(A)(v) |
| Giving the complainant a drug or other substance that can impair their ability to understand or resist, to make the assault easier | § 22.021(a)(2)(A)(vi) |
| The complainant was 65 or older, or disabled to the point of being substantially unable to protect themselves | § 22.021(a)(2)(C) |
In an adult case, the aggravating factor is usually where the fight is. An accusation that starts as a disputed-consent case can get charged as aggravated because the complainant says a weapon was shown or a threat was made. If the State can’t prove that part, the most it has left is sexual assault, usually a second-degree felony. That’s still serious, but it’s a very different range. See our pages on sexual assault and rape charges.
What a conviction means
| Consequence | Aggravated sexual assault |
|---|---|
| Prison | 5 to 99 years or life, up to a $10,000 fine. 25-year minimum when the complainant was under 10 (under 6 for offenses before September 1, 2025), or under 14 with a factor like a weapon or a threat (§ 22.021(f)) |
| Probation | A judge can’t grant it (Code of Criminal Procedure Art. 42A.054). A jury can recommend it only if the complainant was 14 or older, the sentence is 10 years or less, and the accused has never been convicted of a felony (Art. 42A.055, 42A.056) |
| Deferred adjudication | Only if the judge finds in open court that it’s in the complainant’s best interest. Never in a 25-year-minimum case, and never if the accused was on probation or deferred before for a sexual assault or indecency offense (Art. 42A.102) |
| Parole | Not until half the sentence (or 30 years, if that’s less) is actually served, with no credit for good time, and then only if at least two-thirds of the full parole board votes for release. No parole at all in a 25-year-minimum case (Gov’t Code §§ 508.145, 508.046) |
| Sex offender registration | For life if the accused was 17 or older, even with deferred adjudication (Art. 62.001(6), 62.101) |
| Time limit to charge | None when the complainant was under 17. Generally 10 years for an adult complainant. No limit if DNA evidence collected in the investigation is untested or doesn’t match a known person, or if the State alleges similar offenses against five or more people (Art. 12.01, 12.03) |
Because a child case can often be charged decades later, some of the people who call us are being accused of something from 15 or 20 years ago. Our page on the statute of limitations for sexual assault covers those rules.
How child cases get built, and where they come apart
Most child cases start with an outcry, the first time the child describes the abuse to someone 18 or older other than the accused. In Houston, the child is then usually interviewed on video at the Children’s Assessment Center, and the State can put the outcry witness on the stand to repeat what the child said, if the court finds the statement reliable after a hearing outside the jury (Code of Criminal Procedure Art. 38.072). The medical exam is often normal, and the State will call a nurse to explain why a normal exam doesn’t rule anything out. And the jury can hear about other acts the accused allegedly committed against the same child, or against other children, that aren’t even charged (Art. 38.37).
That’s the State’s case. Ours starts with how the account developed. We get the forensic interview video and compare it to the outcry, the CPS records, the school records and the counseling notes. Leading questions, repeated interviews, a parent who questioned the child for days before anyone official got involved, and details that change or grow from one telling to the next all matter. So does timing. A lot of these accusations surface in the middle of a divorce or custody fight, and we find out who said what to whom before the first report. We work with forensic interview and child development experts when the case calls for it. See our page on sexual assault of a child.
Before charges are filed
These investigations often run for weeks or months before an arrest. Detectives ask the accused to come in and tell their side. Some set up a recorded phone call from the complainant or a parent, which is legal in Texas because only one party has to consent to a recording. Once you hire us, the detective talks to us, not you. In some cases we put evidence in front of the prosecutor or the grand jury before an indictment, and a case that’s never indicted never has to be tried.
What our clients say
“I was referred to Blass Law by someone close to me. I got charged with a serious felony offense, since day one Jay has been very knowledgeable, straightforward and not afraid to ask all the right questions and got my case dismissed. Highly recommend! Thank you for saving my life. Definitely the best criminal lawyer in Texas.”
“Hands down the best lawyer in the Houston area! Jay Cohen did an A+ job with my cases and is an absolute godsend. He is extremely technical, intelligent, straightforward, and responsive. I would definitely recommend him for any legal matters. Jay saved my life and I am forever grateful to him.”
Read more from our clients.
Results
A Harris County jury found our client not guilty of continuous sexual abuse of a child, a charge that carries 25 years to life with no parole (tried with co-counsel). See more of our case results. Prior results do not guarantee a similar outcome.
Accused of aggravated sexual assault in Houston? Call Blass Law
Jay Blass Cohen has defended serious felony cases in Houston since 2009 and has never worked for the prosecution. We handle these cases discreetly and prepare them for trial from the start. The earlier we’re involved, the more we can do.
Call (713) 664-4000. If a detective has asked you to come in and “tell your side,” call us before you call them back.
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC, ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.