Difference Between Sexual Assault and Aggravated Sexual Assault in Dallas, TX

Understanding the difference between sexual assault and aggravated sexual assault is critical when you’re facing these charges. These terms are often used interchangeably, but under Texas law, there are key differences between the two crimes. These are distinct offenses with significant legal and personal implications.

Sexual assault involves non-consensual acts. Aggravated sexual assault includes additional aggravating factors, such as the use of a weapon, threats of harm, or the involvement of a minor under a certain age.

If you’re facing criminal charges, an experienced Dallas sexual assault defense lawyer at Broden & Mickelsen, LLP, can protect your rights and build a strong defense. Call us today for a free consultation.

How an Experienced Dallas Criminal Defense Lawyer Can Help If You’re Facing Sexual Assault Charges

With over six decades of combined experience and a proven track record of success, our firm is dedicated to providing strong defense strategies for those accused of sexual assault or aggravated sexual assault in Texas.

Our clients have referred to us as “meticulous and detailed … an advocate for the client and family.” We consistently achieve acquittals four to five times more often than the national and Texas average — and we’re ready to put that experience to work for you. From the moment we take your case, our lawyers review the evidence against you, conduct our own investigation, and build an aggressive defense. Throughout the process, our lawyers will ensure that your rights are protected.

Sexual assault charges require sophisticated defense strategies from qualified attorneys. Reach out to Broden & Mickelsen, LLP to learn how we can help you.

What Is Sexual Assault in Texas?

Texas Penal Code § 22.021 defines sexual assault as an unlawful act involving intentionally or knowingly penetrating another person’s mouth, anus, or sexual organs without that person’s consent. Penetration can be caused by a body part or object.

Under this law, there are three categories of people who can never legally consent to this kind of contact:

• Minors or underage victims
• People with mental disabilities that prevent informed consent
• People who are coerced or abused by someone in a position of power, such as teachers or employers

Sexual assault cases are second-degree felonies.

What Is Aggravated Sexual Assault in Dallas, Texas?

Aggravated sexual assault in Texas occurs when a person:

• Knowingly or intentionally causes harm or threatens harm to someone else,
• Causes or threatens harm through a sexual attack,
• Without the victim’s consent, and
• An aggravating factor is involved.

Aggravating factors include the following:

• Using or threatening to use deadly weapons
• Victims under 14
• Elderly or disabled victims
• Threatening death or kidnapping
• Causing or threatening to cause serious bodily harm
• Intentionally administering or providing substances that impair the victim’s ability to give informed consent or resist the act (such as alcohol or drugs)
• Acts with another person to sexually assault the victim

Aggravated sexual assault is a first-degree felony.

Aggravated Sexual Assault Examples

To better understand how serious aggravated sexual assault charges are, consider these common examples.

Underage Victim

Any sexual assault against someone under age 14 is considered an aggravated sexual assault. Underage victims cannot legally consent.

Incapacitated Victim

Another common scenario happens when a person intentionally gives their victim an illegal date rape drug without their consent. The victim is unable to resist or give informed consent.

Weapons and Threats of Physical Harm or Death

Imagine a person coercing someone else into non-consensual sexual acts by threatening them with a gun. The presence of the weapon and the threat of injury or death escalates the sexual assault charge to aggravated sexual assault. Similarly, someone who hit a victim over the head to knock them unconscious has caused physical harm, another aggravating factor.

Multiple Perpetrators

In another common scenario, the victim suffers non-consensual acts by multiple people who are acting together. Because there are multiple perpetrators, their sexual assaults are elevated to aggravated sexual assault charges.

In each of these examples, aggravating factors like threats, age, physical harm, incapacitation, and collaboration increase the severity of the sexual assault.

In short, the biggest difference between sexual assault and aggravated sexual assault is the presence of aggravating factors. Aggravating factors often involve a heightened emotional and psychological impact on the victim. Texas recognizes the increased severity by classifying an aggravated sexual assault conviction as a first-degree felony, whereas sexual assault is a second-degree felony.

Punishment for Sexual Assault in Texas: Aggravated Sexual Assault vs. Sexual Assault

If you are convicted of sexual assault, you’ll face punishments for a second-degree felony. This includes two to 20 years in prison and up to $10,000 in fines. You’ll also be required to register as a sex offender for the rest of your life, even after your sentence has concluded and you’ve paid all fines.

The penalties for aggravated sexual assault are far more severe. Offenders face up to life in prison and up to $10,000 in fines. If the victim was under 14 and there was at least one more aggravating factor involved, or the victim was under 6, the minimum prison sentence is 25 years. All offenders must register as a sex offender.

If you are facing sexual assault or aggravated sexual assault charges, seek experienced legal representation as soon as possible. Every case is different, but common defenses to sexual assault charges include the following:

• Proving affirmative consent
• Proving a lack of intent to commit assault
• Filling motions to suppress evidence that was mishandled or obtained unlawfully
• Mistaken identity

Contact Our Experienced Dallas Criminal Defense Attorneys for a Free Case Review

The Texas criminal defense lawyers at Broden & Mickelsen, LLP bring over 60 years of combined experience in defending individuals accused of serious crimes, including both sexual assault and aggravated sexual assault.

Our Texas sexual assault defense lawyers are board-certified specialists in both criminal law and criminal appellate law. When you work with us, we’ll provide you with an aggressive, strategic defense tailored to your specific situation. Our law firm offers a free case review to discuss your options and begin crafting the best strategy for your case. Contact us today for a free consultation.