Austin, TX Sexual Assault Defense Lawyers Who Know How To Help
If you were arrested for sexual assault, seek immediate legal assistance
Allegations of sexual assault can cast a long shadow, obscuring personal, professional, and social opportunities. At Botsford & Roark, our Austin, TX sexual assault defense attorneys know how to handle complex cases involving sex crimes.
In an era where narratives can be swiftly skewed and truths easily twisted, trust our law firm to be your voice, your shield, and your advocate. Reach out to us for a confidential case evaluation to learn more about how the law applies to your specific circumstances as well as your potential legal options. Our case results include:
- Reversing conviction for aggravated sexual assault due to exclusion of expert testimony regarding eyewitness identification
- Closure of state investigation of lawyer’s alleged aggravated sexual abuse
Understanding sexual assault charges in Texas
In Texas, sexual assault is an offense characterized by non-consensual sexual contact, where the offender knowingly and intentionally commits specific acts without the victim’s consent.
The consequences of a conviction can be life-altering, with hefty penalties, incarceration, and a lasting stigma attached to one’s name. Depending on the circumstances of the case, the charges may be in the category of:
- Second degree, first degree, or state jail felony
- 180 days in state jail or 2-20 years, up to life, in prison; up to $10,000 in fines
Beyond the immediate assault charges, there are potential long-term implications, such as effects on employment or future legal situations. If convicted, you will likely be required to register as a sex offender, too.
How to defend against sexual assault charges in Texas
Although the situation may feel overwhelming, being charged with sexual assault is not a conviction. Under the right circumstances you can beat the charges or even have them dismissed. Defending someone charged with sexual assault in Texas requires a careful and strategic approach. Here are some common defense strategies that may be employed:
- Consent. A common defense in sexual assault cases is proving that the sexual activity was consensual.
- Lack of evidence. Challenge the prosecution's evidence, including DNA, physical evidence, or witness statements, to demonstrate that the evidence is insufficient to prove guilt.
- False accusation. Assert that the accuser has a motive to make a false accusation, such as personal vendettas, revenge, jealousy, or seeking financial gain.
- Intoxication. If both parties were intoxicated during the alleged incident, we may argue that neither party was capable of providing clear consent.
- Mistaken identity. Assert that the accuser misidentified the defendant as the perpetrator.
- Procedural errors. Challenge the legality of the investigation or arrest, including issues related to search warrants, evidence collection, or Miranda rights violations.
Sometimes, a favorable outcome can be negotiated. Our sexual assault defense lawyers use our established professional contacts within the local legal system. We can argue with the prosecution from a position of power for a reduced charge or sentencing in exchange for a guilty plea to a lesser offense. Negotiating a plea deal may help avoid the more severe penalties associated with sexual assault convictions.
Experienced legal guidance when you need it most
Effective criminal defense often requires a thorough investigation, skilled legal representation, and the ability to adapt to changing circumstances as the case progresses. Consulting with an experienced lawyer ensures a robust defense strategy for your case. Contact us today for a confidential case evaluation. Trust us to protect your rights, reputation, and freedom.