You can get a sexual assault charge dropped in some cases. If our Houston sexual assault defense lawyer can prove:
- There is little to no evidence that you committed the crime.
- The evidence that you committed the crime is flawed.
- Law enforcement violated your rights.
- You have a solid alibi.
- The alleged victim identified the wrong person.
- You had consent.
- The alleged victim made false statements.
Lack of Evidence
The prosecution must prove beyond a reasonable doubt that you committed this crime. If it doesn’t have any physical evidence (e.g., DNA evidence, video footage, etc.), we’ll fight for a dismissal.
The prosecution may drop the charges, or your case may be “no-billed” by the grand jury (i.e., it decides there’s not enough evidence to charge you).
Flawed or Weak Evidence
In some cases, there may be evidence of your guilt, but it is flawed or weak. Jay Blass Cohen and the Blass Law team know how to poke even more holes into this argument. If this is the case, as with a lack of evidence, the case may be “no-billed” by the grand jury.
Procedural Errors or Violation of Your Rights
If the police officers or prosecutor did something to violate your rights, we can have that evidence suppressed and work to get the charges dismissed. Examples of procedural violations include:
- Failing to read you your Miranda rights (e.g., right to remain silent, right to request an attorney, the right to stop answering questions at any point)
- Fabricating evidence to get a search warrant
- Failing to have the proper chain of custody with evidence
- A coerced confession
- Using force
- Entrapment
- Misconduct (e.g., planting evidence, coercing people into giving false information)
You Have an Alibi
To have committed the crime, you had to have been with the alleged victim at the time they said you were. If we can establish that you were somewhere else with other people, we can prove you didn’t commit the crime.
Mistaken Identity
In some cases, victims of sexual assault identify the wrong person. We can use your alibi and the existence of the actual attacker to get your charges dropped.
The Alleged Victim Consented
If we can establish the victim consented (or you had good reason to believe they consented), we may be able to get your charges dropped. We may be able to prove consent with:
- Text messages
- Video of the alleged assault
- Witness testimony
False Statements By the Victim
Sometimes, people lie. If we can prove the alleged victim lied, we can get the prosecutor to drop the charges.
The Alleged Victim Wants to Drop the Charges
Sometimes, an alleged victim will recant sexual assault allegations soon after accusing you. In some cases, this can affect whether the state presses charges.
Will the Charge Automatically Be Dismissed if the Alleged Victim doesn’t Want to Press Charges?
No. The charges are brought by the state, not by the victims. Even if the victim changes their mind about the sexual assault allegations, the charges won’t drop automatically.
This is why it is so important to get legal representation. Once you’ve been arrested, the process starts, and you won’t get out of the legal system unless the prosecution drops the charges, which they likely won’t do if you don’t have a lawyer with a history of success fighting for you.
Will the Arrest Remain on My Record Even If the Charges Are Dropped?
Yes. You will still have an arrest record if the criminal charges are dropped. However, an arrest record for sexual assault is much better than a conviction and the penalties that come with it. Plus, dismissed cases can be expunged.
Penalties for Sexual Assault in Texas
The penalties for sexual assault depend on the circumstances of your case. You may face second- or first-degree felony charges. If you are convicted of second-degree felony sexual assault in Texas, you face:
- Up to two decades in prison
- $10,000 in fines
- Humiliation
- Loss of your job
- Loss of family and friends
You may also be forced to move as you’ll be on the sexual offender registry. You will likely also lose your right to vote or possess a firearm or be unable to even get a loan or mortgage. You might also lose custody if the court thinks you are unsafe around children.
First-degree felony sexual assault could put you in prison for the rest of your life.
Will I Spend Time Behind Bars for a Sexual Assault Charge?
Yes, it’s very likely that you will spend time in prison if you are convicted of sexual assault or aggravated sexual assault. Charges for sexual assault start at a second-degree felony and only increase from there.
A second-degree felony conviction comes with a minimum of two years in prison.
What Happens if My Sexual Assault Charges Are Not Dropped?
It’s not the end of the world if the prosecution refuses to drop your charges. Our Montgomery County sexual assault lawyer will fight to keep these charges from affecting your life in any way we can. In addition to building a defense, we will:
- Remain calm and realistic. We know the penalties you’re facing, but we won’t let that ruffle us. We’ll protect you and your future.
- Determine where we might run into trouble. While we plan out your case, we’ll see where we might hit difficulties. We stay steps ahead so we can prepare tactics before we need them.
- Determine whether we may be able to get your charges reduced (e.g., aggravated sexual assault to sexual assault).
- Represent you during questioning or any other interactions with the police or prosecution. We’ll make sure no one takes advantage of you.
- Review any plea bargains. Plea bargains aren’t always in your best interest. We will ensure a plea bargain gives you the best chance of the best outcome.
- Prepare your case for trial. If we believe that fighting at trial is the best route for you and your future, we’ll prepare a strong case, using our years of experience to defend you against zealous prosecutors.
- Keep you updated throughout the process. You won’t remain in the dark when you work with us.
Jay is a native Houstonian and member of the:
- Harris County Criminal Lawyers Association
- Texas Criminal Defense Lawyers Association
- Houston Bar Association
- National Association of Criminal Defense Lawyers Association
He takes protecting his friends and neighbors from a flawed criminal justice system very seriously.
He also has years of experience dealing with the same prosecutors and judges. He knows how they think, which allows him to stay a step ahead.
How Texas Law Defines Sexual Assault
Per Texas Penal Code 22.011, sexual assault occurs when someone “intentionally or knowingly” and without the other person’s consent:
- Penetrates or “causes the penetration of” the other person’s anus or sexual organ
- Penetrates the mouth of the other person with a sexual organ
- Forces the other person to penetrate the mouth, anus, or sexual organ of another person (the alleged assaulter or another)
- Does any of the above to a child (a person under 17 years of age), regardless of whether the alleged assaulter knew the alleged victim was a child
How Texas Law Defines “Without Consent”
Per Texas law, an action is without consent if:
- The alleged assaulter used force, violence, or coercion
- The alleged assaulter threatened force or violence (and the alleged victim believed the assaulter had the ability to make good on those threats).
- The alleged assaulter threatened to use force or violence against another person.
- The alleged victim did not consent, and the alleged assaulter knew that the alleged victim was unconscious or otherwise incapable of consenting or resisting.
- The alleged assaulter knew that the alleged victim, as a result of “mental disease or defect,” was incapable of either understanding the situation or resisting the act.
- The alleged victim did not consent, and the alleged assaulter knew that the alleged victim did not know the act was occurring.
- The alleged assaulter drugged the alleged victim.
- The alleged assaulter is a public servant who used their position to compel the alleged victim to submit or participate in the act.
- The alleged assaulter is a mental health provider or healthcare provider who exploited the alleged victim’s emotional dependency to submit or participate in the act.
- The alleged assaulter is a clergy member who used their position as a spiritual advisor to exploit the alleged victim into participating or submitting.
- The alleged assaulter is an employee of a facility at which the alleged victim is a resident (unless the alleged assaulter and alleged victim are married).
- The alleged assaulter is a healthcare provider who, during an assisted reproductive procedure, used genetic material (e.g., sperm) from an unapproved donor.
- The alleged assaulter is the alleged victim’s coach or tutor and used this relationship to coerce the alleged victim into submitting or participating.
- The alleged assaulter is the alleged victim’s caregiver who exploited the alleged victim’s dependency on them.
If our Houston sex crimes lawyer can establish that you had or believed you had consent from a willing adult, the prosecution likely won’t have a case.
Sexual Assault vs. Aggravated Sexual Assault
If you are charged with aggravated sexual assault, you face much more severe penalties than if you were charged with sexual assault.
Sexual assault becomes “aggravated” if there is an elevating factor. These aggravating factors may include:
- The use of a weapon in the assault
- A threat of violence or attempted violence during the act
- The age of the alleged victim (if the alleged victim is under 14, you may be charged with aggravated sexual assault)
- If the alleged victim has a disability
- Drugging the alleged victim
An aggravated sexual assault lawyer in Houston can help you determine what penalties you’ll face.
Can I Get a Sexual Assault Conviction Expunged?
No, you can’t get a sexual assault conviction expunged. This is why it is so important to get Jay and the Blass Law team on your side. If you are convicted, the sexual assault conviction will remain on your record for everyone to see. This can make it difficult or impossible to be admitted to school or a specialized program, live where you want, or get the job you want.
We want to do everything we can to keep this situation off your record and protect your future.
What to Do If You Have Been Charged With Sexual Assault in Texas
If you are facing sexual assault allegations in Texas, the first thing you should do is remember that you have the right to remain silent. You also have a right to have a lawyer represent you. Don’t let the police trick you into thinking you shouldn’t get representation.
And you don’t want just any Houston sex crimes lawyer. You want Jay Blass on your side. Jay has successfully handled sexual assault cases for the past 15 years, getting charges dropped or reduced or fighting for a not-guilty verdict in court.
We are dedicated to Keeping Innocent People Innocent.
We’ll Fight to Get Your Sexual Assault Changes Dropped Today
We know this is a scary experience, but you’re not handling this alone. Our founding criminal defense attorney has dedicated his career to defending Houstonians accused of sex crimes.
We have spent the past 15 years getting great results in difficult cases. We’re ready to help you fight for your future. Call us today for a confidential consultation and learn more about what we can do for you.