Legal Defense for Indecent Sexual Assault Charges in Texas
Our Austin, TX sex crimes lawyers can help you understand your legal options
Sexual assault charges are serious sex crimes that carry harsh penalties in Texas. Being accused of indecent sexual assault is one of the less severe assault-related charges in the state, but a conviction can still have devastating consequences, affecting your personal and professional life.
At Botsford & Roark, our Austin-based law firm is committed to helping individuals navigate the legal complexities surrounding indecent sexual assault charges. If you were charged with indecent sexual assault in Central Texas, contact us for a free and confidential case evaluation. We can answer questions and explain your legal options.
Understanding indecent sexual assault in Texas
Under Texas law, there are a handful of circumstances that may result in an indecent assault charge. An indecent assault has occurred if, without the other person’s consent and with intent to arouse or gratify sexual desire, a person:
- Touches the anus, breast, or any part of the genitals of another person
- Exposes or attempts to expose another person’s private parts
- Causes another person to have contact with the blood, sexual fluid, saliva, urine, or feces of another person
Depending on circumstances, indecent sexual assault can be charged as a misdemeanor or a felony.
- Class A misdemeanor, state jail felony, or third degree felony, depending on circumstances. More severe charges are generally reserved for people who have been convicted of this or a similar crime in the past
- Misdemeanor penalty, up to 1 year in jail, $4,000 fine
- State jail or third degree felony, 180 days to 10 years imprisonment, up to $10,000 fine
In addition to these penalties, a conviction will likely require sex offender registration.
Potential indecent sexual assault defenses
Seeking experienced legal representation is essential to a strong criminal defense. At Botsford & Roark, we are dedicated to advocating for your rights. Here are some defense strategies that may be deployed to help you fight indecent sexual assault charges:
- Lack of intent. If it can be demonstrated that there was no intent to arouse or gratify sexual desire, this may serve as a viable defense. In some cases, individuals may engage in behavior without a sexual motive, and misunderstanding or misinterpretation can lead to allegations.
- False accusations. This can occur for various reasons, such as misunderstandings, personal vendettas, or mistaken identity. Investigating the credibility of the accuser and gathering evidence to support your innocence is essential.
- Insufficient evidence. Prosecutors bear the burden of proving the case "beyond a reasonable doubt." If there is insufficient evidence to support the allegations, your attorney can argue for the charges to be dropped.
- Consent. If it can be established that the conduct in question occurred with the informed and voluntary consent of all parties involved, this can serve as a strong defense against indecent sexual assault charges.
- Statute of limitations. It's important to note that Texas has a statute of limitations for most crimes, including indecent assault. The statute of limitations can vary based on the specific circumstances of the case, and it's crucial to consult with an attorney to understand how it applies to your situation.
Protect your reputation — contact Botsford & Roark
Indecent sexual assault charges are serious matters with potentially life-altering consequences. At Botsford & Roark, our sexual assault defense lawyers are committed to helping individuals in Austin and throughout Central Texas navigate these challenging situations. If you are facing indecent sexual assault charges, contact us for a confidential consultation to discuss your case and explore your legal options.