Cofer Luster Criminal Defense Lawyers | February 28, 2025 | Sex Crimes

Aggravated Sexual Assault vs. Sexual Assault in Texas

Sexual assault is a serious crime in Texas, but aggravated sexual assault carries even harsher penalties due to more severe circumstances. Understanding how Texas law treats these two offenses is important if you or someone you know becomes involved in a case. 

These differences can affect possible sentences as well as your defense approach. Talking with a lawyer can give defendants the information they need to protect their rights and make informed decisions moving forward.

Sexual Assault in Texas 

Sexual assault refers to non-consensual sexual contact or penetration and is treated as a second-degree felony. The punishment includes 2 to 20 years in prison. In some cases, defendants may receive probation, but not if the victim is under 14 or if the sentence is over 10 years. Anyone convicted must register as a sex offender for life. 

Aggravated Sexual Assault in Texas 

Aggravated sexual assault is a more serious form of the same crime when there are aggravating factors, such as using a deadly weapon, causing serious harm, or targeting vulnerable victims like children, the elderly, or disabled individuals. It’s a first-degree felony, carrying a sentence of 5 to 99 years or even life in prison. 

Under Texas law, probation is not an option if the victim is under 14 or if the sentence is 10 or more years, and second offenses cannot receive deferred adjudication. As with sexual assault, offenders must register as sex offenders for the rest of their lives.

Even though these crimes carry severe consequences, individuals accused may have defenses that could lessen the penalties or lead to an acquittal. Below are some common defenses that your criminal defense lawyer could raise, but every situation is unique, and the actual approach depends on the facts of the case. Possible defenses include:

  • Consent: Sometimes, defendants assert that the alleged victim gave consent. This defense focuses on showing that any sexual activity was voluntary. Evidence like text messages, emails, or witness statements may support a claim of consent. It’s important that the alleged victim in the case is at or above the age of consent; otherwise, this defense will not work. 
  • Mistaken Identity: In some cases, the accused might claim they were not the individual who committed the assault. This defense may rely on alibis, video footage, or other forms of proof establishing that the defendant could not have been present. DNA or other forensic evidence can also play a big part in demonstrating who was or wasn’t the perpetrator.
  • Lack of Evidence: A defense team may highlight inconsistencies and point to insufficient evidence to argue the prosecution cannot meet its burden of proof. The goal is to show that the state lacks enough credible evidence to convict beyond a reasonable doubt. This can involve disputing eyewitness testimony or revealing errors in the collection and handling of physical evidence.
  • Violation of Constitutional Rights: If law enforcement gathered evidence illegally or performed an unlawful search while investigating your criminal case, that evidence may be deemed inadmissible. The defense could also argue that statements were taken without an attorney being present after the defendant asked for one or that other due process violations occurred. These claims attempt to protect the accused’s rights and may lead courts to throw out pieces of evidence, weakening the prosecutor’s case. 
  • Lack of a Deadly Weapon: Prosecutors may claim a weapon was used to threaten or harm the alleged victim. Demonstrating that no weapon existed or that the item in question was not capable of causing severe injury can remove the aggravated label. This can potentially reduce the charges from a first-degree felony to a lesser offense.
  • Not a Vulnerable Victim: If the state alleges that the victim is a child, elderly individual, or someone with a disability, it greatly increases the severity of the crime. Showing that the victim does not fit into the protected category and that no evidence supports this classification could undermine the aggravated aspect. By disputing this status, the defense might reduce potential penalties.

It’s essential to work with an experienced criminal defense lawyer who can assess the details of your case and develop a tailored strategy to protect your rights. 

Contact a Criminal Defense Attorney For Help

The differences between sexual assault and aggravated sexual assault in Texas can have a significant impact on the severity of charges and penalties. Aggravating factors, such as the use of a deadly weapon or targeting vulnerable victims, elevate the crime to a first-degree felony, carrying harsher penalties. However, there are legal defenses available that can potentially reduce the charges or result in an acquittal. It’s crucial to consult with an experienced criminal defense lawyer who can analyze your case, protect your rights, and develop an effective strategy to achieve the best possible outcome.

For more information, please contact the Criminal Defense law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve the surrounding areas of Tarrant County and Fort Worth, TX.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102