Sexual Assault Attorney in Sugar Land, TX

An accusation of sexual assault can upend your job, your family life, and your freedom long before a case reaches a courtroom. In Texas, sexual assault is a felony that can bring years in prison and sex offender registration that generally lasts for life. A sexual assault attorney in Sugar Land can step in early, before another police interview, when decisions about statements, bond, and evidence carry the most weight.

The Love DuCote Law Firm LLC defends people accused of sexual assault and aggravated sexual assault throughout Fort Bend County. Call 832-662-1294 or contact us; virtual meetings are available.

What Is Sexual Assault Under Texas Law?

What Is Sexual Assault Under Texas Law? Under Section 22.011 of the Texas Penal Code, a person commits sexual assault by intentionally or knowingly causing certain kinds of sexual penetration or contact with another person without that person’s consent. The statute lists the situations that make an act without consent, including when the accused:

Uses physical force, violence, or coercion
Threatens force or violence, and the other person believes the threat can be carried out
Knows the other person is unconscious, physically unable to resist, or unaware the act is happening
Knows the other person cannot consent, or cannot understand or resist the act, because of intoxication or a mental disease or defect
Exploits a position of trust or authority, such as a public servant, health care provider, clergy member, coach, or caregiver

A separate part of the statute covers sexual contact with a child younger than 17, where consent is not an element. Sexual assault is a second-degree felony in most cases. It becomes a first-degree felony when the accuser is someone the accused was legally barred from marrying or from having sexual relations with under Texas bigamy or incest laws. It is a state jail felony in one narrow situation: a fertility provider who uses donor reproductive material without the patient’s express consent.

When Does a Charge Become Aggravated Sexual Assault?

Under Section 22.021 of the Texas Penal Code, sexual assault becomes aggravated sexual assault, a first-degree felony, when the State alleges one of these circumstances:

Serious bodily injury, or an attempt to cause death, during the same criminal episode
Placing the accuser in fear of death, serious bodily injury, kidnapping, or certain trafficking offenses, or threatening those harms in the accuser’s presence
Using or showing a deadly weapon
Acting together with another person who sexually assaults the same person during the same episode
Giving the accuser a substance that can impair the ability to understand or resist the act
An accuser younger than 14, whether or not the accused knew the age
An accuser who is 65 or older, or older than 13 and substantially unable to provide for or protect themselves because of age or a physical or mental condition

Each circumstance is a separate fact the State must prove, and the defense can test the evidence behind it.

What Are the Penalties for Sexual Assault in Texas?

Texas sets prison ranges by felony degree in Section 12.33 of the Texas Penal Code for second-degree felonies and Section 12.32 for first-degree felonies. They apply to these charges as follows:

Charge	Felony degree	Prison range	Maximum fine
Sexual assault (most cases)	Second degree	2 to 20 years	$10,000
Sexual assault involving a barred relationship	First degree	5 to 99 years or life	$10,000
Aggravated sexual assault	First degree	5 to 99 years or life (25-year minimum in some child cases)	$10,000

Probation is also limited. Under Article 42A.054 of the Texas Code of Criminal Procedure, a judge cannot place a person on community supervision, the Texas term for probation, after a conviction for either offense. A jury may recommend it only in limited circumstances, and never when the accuser was younger than 14.

Does a Sexual Assault Conviction Require Sex Offender Registration?

Yes. Texas treats sexual assault and aggravated sexual assault committed by someone 17 or older as sexually violent offenses, and Article 62.101 of the Texas Code of Criminal Procedure ends the registration duty for those offenses only at the person’s death, apart from narrow exceptions.

Is There a Statute of Limitations for Sexual Assault in Texas?

It depends on the facts. Under Article 12.01 of the Texas Code of Criminal Procedure, the State can file charges at any time for:

Sexual assault of a child, or aggravated sexual assault of a child
Sexual assault in which biological evidence was collected and has not been DNA tested, or was tested and does not match the accuser or another readily identified person
Sexual assault in which there is probable cause to believe the accused committed the same or a similar sex offense against five or more people

Outside those situations, sexual assault carries a 10-year limit from the date of the alleged offense, and the state jail felony version carries a two-year limit that runs from the date the offense was discovered.

Can the State Convict on the Accuser’s Testimony Alone?

Often, yes. Article 38.07 of the Texas Code of Criminal Procedure allows a sexual assault conviction to rest on the accuser’s uncorroborated testimony if the accuser told someone other than the accused about the alleged offense within one year. That one-year requirement does not apply if the accuser was 17 or younger, 65 or older, or an adult substantially unable to meet their own basic needs or protect themselves because of age or a physical or mental condition.

The State still has to prove guilt beyond a reasonable doubt. Because a single witness’s testimony can be enough, the defense focuses on that testimony itself: when the accusation was first made, how the account has changed, and what phone records, messages, or video show about the timeline. Managing partner Jeremy B. DuCote has obtained “Not Guilty” jury trial verdicts for clients facing charges that include sexual assault.

What Happens After a Sexual Assault Arrest in Sugar Land?

A felony sexual assault case in Fort Bend County generally moves through these stages:

Arrest, booking, and a decision on bond
Review by a grand jury, which decides whether to return an indictment, the formal felony charge
Arraignment, where the charge is read and a plea is entered
Discovery and pretrial motions, including challenges to the State’s evidence
Plea negotiations or trial

Sexual assault is one of several charges our sex crimes defense attorneys handle, and we represent clients at each of these stages. Managing partner Leigh Love previously worked as a prosecutor at the Fort Bend County District Attorney’s office, which gives us insight into how the State may approach your case.

Talk to a Sexual Assault Attorney in Sugar Land

Facing a sexual assault accusation is frightening, and the choices made in the first days of a case can shape everything that follows. The Love DuCote Law Firm LLC defends clients in Sugar Land, Fort Bend, Houston, Harris County, and Katy, Texas. Call 832-662-1294 today or contact us to arrange a private consultation with a sexual assault attorney in Sugar Land and learn where your case stands.

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What Is Sexual Assault Under Texas Law?

When Does a Charge Become Aggravated Sexual Assault?

What Are the Penalties for Sexual Assault in Texas?

Does a Sexual Assault Conviction Require Sex Offender Registration?

Is There a Statute of Limitations for Sexual Assault in Texas?

Can the State Convict on the Accuser’s Testimony Alone?

What Happens After a Sexual Assault Arrest in Sugar Land?

Talk to a Sexual Assault Attorney in Sugar Land

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