You will likely go to prison for a sexual assault conviction in Texas. However, it’s important to remember that a charge is not a conviction.
Our Houston sexual assault lawyer will fight to protect your freedom.
How Long Will I Spend in Jail for a Sexual Assault Conviction?
How long you’ll be in prison depends on the offense you are convicted of. Per Penal Code Sec. 22.011, sexual assault is a second-degree felony. A second-degree felony conviction means you’ll spend between two and 20 years in prison.
This offense can be a first-degree felony if you are accused of sexually assaulting someone with whom you were prohibited from:
- Marrying
- Living with under appearance of being married
- Engaging in sexual intercourse or deviate sexual intercourse (e.g., your child or stepchild, parent or stepparent, grandparent, sibling, aunt or uncle, niece or nephew, or cousin)
If you are convicted of first-degree felony sexual assault, you could spend between five and 99 years in prison.
It can also be a state jail felony in some cases. If you are convicted of a state jail felony, you could spend between 180 days and two years in a state jail facility.
Charges Related to Sexual Assault that Could Land You in Jail
If you are charged or convicted of any of the following, you could also find yourself spending time behind bars:
- Statutory rape (up to 20 years in prison)
- Indecency with a minor (up to 20 years in prison; with aggravating factors, you could spend up to 99 years in prison)
- Possession or distribution of child pornography (up to 99 years in prison, depending on the factors)
- Sexual abuse (up to 99 years in prison)
- Solicitation of a minor (up to 10 years in prison; aggravating factors could increase this to 20 years)
Our law firm can help you determine whether you may face related charges and how that might affect your potential jail time.
Will I Spend Time in Jail Even If I Am Not Convicted?
Chances are, you’ll spend some amount of time in jail, but this depends on whether you make bail or not. If you can’t make bail (or if the judge denies bail), you could remain in jail until your trial is over. This means you could be behind bars for months or even years.
When you discuss your case with our team, we’ll let you know what you could expect.
We Will Work to Keep You Out of Jail or Prison
Our goal is to protect your freedom and future after a sexual assault charge. We will do anything in our power to keep you out of jail or prison. That could mean:
- Fighting to get your charges dropped or your case no-billed
- Fighting for an acquittal
- Fighting for probation instead of jail or prison time
We will also fight for bail if the judge in your case doesn’t want to grant it.
What Other Penalties Might I Face for a Sexual Assault Charge?
While people are typically more concerned with the jail or prison time they’ll have to do, sexual assault charges and convictions come with other potential penalties, including:
- Fines
- Registration as a sex offender
- Inability to live where you want
- Loss of job
- Loss of spot at your dream school
- Loss of voting rights
- Loss of firearms privileges
- Humiliation
- Loss of friends and family
Our team will fight to protect you from these and other penalties.
Defenses to Sexual Assault Charges in Texas
The defense we use will depend on the specifics of your case, but could include:
- Alibi: If we can prove you were somewhere else when the alleged sexual assault took place, we can get your charges dropped or dismissed.
- Mistaken identity: We may be able to prove that the alleged victim mistakenly identified you as their attacker.
- False accusation: We may be able to prove that the accusations against you are entirely false.
- Consent: If you believed you had consent from the victim, we may be able to get your charges dropped.
- Lied about their age: While this technically isn’t a defense, it can be helpful to a grand jury when trying to get your case no billed. We can also determine whether the Romeo and Juliet law applies in your case.
- Entrapment: If law enforcement tricked you into committing sexual assault, we can argue entrapment and get your charges dismissed.
- Mishandled evidence: If evidence was mishandled (e.g., did not follow the chain of custody), we can get that evidence thrown out and your case dismissed.
- Violation of your rights: If law enforcement failed to read you your rights or gathered evidence during an illegal search and seizure, we can get the evidence and your case thrown out.
Once we’ve heard your story and investigated, we can determine the best possible defense in your case.
Our Team Will Fight to Keep You Out of Jail for a Sexual Assault Charge in Texas
While you may need to spend some time in jail for a sexual assault charge in Texas, our team will do everything we can to limit that time and prevent you from being convicted. Jay is committed to keeping you innocent and protecting your future. We have fought for the rights of Texans accused of crimes for the past 15 years. One former client was found not guilty of continuous sexual assault of a child. This not guilty verdict kept them out of prison for what could have been decades.
See what our Houston criminal defense lawyer can do for you today. Call Blass Law today for a confidential consultation.