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.
- Law enforcement violated your rights.
- You have a solid alibi.
- 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).
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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 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
- 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.
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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
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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.
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, 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 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.
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 criminal defense 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.
- Remember, sometimes we play for the fumbles.
- 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.
- 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
Jay has years of experience dealing with the same prosecutors and judges. He knows how they think, which allows him to stay a step ahead.
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. Learn more about what we can do for you.
Call or text 713-225-1900 or complete a Case Evaluation form
