Being under suspicion for any sex-related crime is an extremely serious matter in itself. However, if you’re formerly accused of sexual assault or aggravated sexual assault, and found guilty in the court of law, you’ll face the most severe punishment the State of Texas has to offer, and you may even be held in protective custody in prison. Jail in jail.
If you live in or near the Houston area, and were arrested on charges of sexual assault or feel that you’re under suspicion, it’s critical that you seek legal counsel immediately.
Attorney Joseph Gagliardi has an abundance of experience defending people accused of sexual assault.
Call The Gagliardi Law Firm, PLLC at 713-224-6277 to discuss your case with a seasoned attorney who knows the appropriate steps to protect your future.
Sexual Assault vs. Aggravated Sexual Assault
Sexual assault is often referred to as rape. The key to understanding this crime is that it is non-consensual and involves penetration. The perpetrator may use manipulation, force, or coercion to engage in unwelcome penetrative sexual activity with the victim.
Aggravated sexual assault is a more extreme form of non-consensual sex. Certain factors must be present for the prosecution to prove aggravated sexual assault. These include things such as use of a deadly weapon, making the victim believe they may be murdered if they don’t cooperate, causing serious bodily injury, kidnapping or causing the victim to fear they’ll be kidnapped, drugging the victim, or engaging in sex with someone who is disabled or mentally impaired.
Examples of False Accusations & Why
Proving sexual assault can be very difficult because it is essentially a “he said, she said” situation. It’s not uncommon for “scorned others” to make false accusations of rape. As a criminal defense attorney focused on sex crime cases since 2004, we see these type of cases on a regular basis.
Sweet Vengeance
False accusations of sexual assault may happen when one party is seeking revenge on the alleged perpetrator. Someone learning that the person they’re dating is also cheating on them with someone else (not a crime) or has broken up with them to begin a new relationship, can motivate false accusations of sexual assault.
Moral High-Ground Ploys
Perhaps a teenage girl becomes pregnant, and fears her parent’s wrath or the risk of being disowned, so instead of admitting she was sexually involved, she claims the man raped her.
The Legal Strategy
We’ve even seen divorce-warfare get out of hand when it comes to matters involving child custody & infidelity. Weaponized accusations of distasteful behavior have seen the light in courtrooms on many occasions.
Consequences If Convicted of Sexual Assault
In Texas, sexual assault is a felony offense. Depending on the severity of the crime, it may be prosecuted as either a 2nd or 1st Degree Felony.
- A 2nd Degree Felony conviction carries a prison sentence of 2 to 20 years and a fine up $10,000.
- A 1st Degree Felony conviction will result in a penalty of 5 years to life in prison and a fine of up to $10,000.
Talk with an Experienced Attorney
A conviction for sexual assault or aggravated sexual assault can destroy your life and permanently ruin your reputation. Attorney Joseph Gagliardi understands how frightening it is to be charged with this horrendous crime. The Gagliardi Law Firm, PLLC is here to help!
Call 713-224-6277 today so we can schedule a time to sit down together and assess your situation to form an effective legal strategy to defend your freedom, and your name.