The sentence almost does not matter when it comes to sexual assault charges. If you are convicted of sexual assault, you will be on the state’s sex offender registry, likely for the rest of your life. Given that being on the sex offender registry can have all manner of negative impacts on your ability to find a job, rent a place to live, or do many other things in your life, you really do not want a conviction for any level of sexual assault on your record.
Sexual Assault is a Major Crime Problem in Texas
In 2018, there were 19,816 instances of sexual assault in Texas, involving 20,592 victims and 20,532 offenders. Broadly, Texas law defines a sexual assault as a person forcing another person to engage in a sex act by force, by threatening to hurt the victim, or by threatening to hurt friends or family members of the victim. A sex act is defined quite broadly – and rather graphically – in the Texas statute covering sexual assault. It is unlikely that anyone would not consider the acts described in the statute as “sex acts.” Even if the other person consents to the sexual act, it still is sexual assault if an adult engages in one of the defined sex acts with a person who is 17 years old or younger. Having sex with someone who is drunk, unconscious, or otherwise incapacitated also is a sexual assault under the law.
Texas Law Treats Sexual Assault Like the Serious Crime it is
Most sexual assaults in Texas – at least on a first offense – are second-degree felonies. That escalates to a first-degree felony for a second offense. There are times when a first offense of sexual assault is a first-degree felony, but those cases involve incestual relationships and other fairly unusual circumstances, such as bigamous relationships. On the other end of the scale, some sexual assaults are state jail felonies. Those cases also are fairly unusual and involve reproductive health care workers and proper permission for harvesting embryos.
While first-offense sexual assaults punishable as first-degree felonies or as state-law felonies are unusual, they happen. Therefore, the range of punishments for sexual assaults in Texas is:
- For state jail felonies, punishment includes jail time of at least 180 days but no more than two years. In addition, you can be assessed a fine of up to $10,000
- Second-degree felonies are punishable by at least two years and up to 20 years in prison, with a fine of as much as $10,000
- A first-degree felony will get you at least five years in prison, and up to 99 years, along with a fine of up to $10,000
If You are Charged With Sexual Assault in Houston, Contact Madrid Law Firm
If you are facing sexual assault charges in the Houston area, you should talk to a defense attorney immediately. The consequences of a sexual assault conviction are serious and go far beyond the immediate criminal penalties. The secondary impacts on your life likely will not feel “secondary” at all and can last the rest of your life. Talk to the Madrid Law Firm and learn how we can help.
