What to Do If You’ve Been Falsely Accused of Sexual Assault in Texas

Fighting Allegations of Criminal Sexual Assault

In Texas, sexual assault is one of the most serious criminal offenses that is charged. Even an allegation of sexual assault can have devastating consequences. Accusations of this nature can lead to the loss of a job, loss of friends and family, and the loss of positions in the community such as a little league coach. If you are falsely accused of sexual assault, the first thing you should do is contact an experienced Texas Criminal Defense Attorney.

Penalties for Texas Sexual Assault

Sexual assault is charged under Sec 22.011 of the Texas Penal Code and will be charged as a first or second-degree felony. Pursuant to Texas law, a conviction for a second-degree felony will result in imprisonment for up to twenty (20) years and a fine not to exceed $10,000. A conviction for a first-degree felony could result in a life sentence and a fine of up to $10,000. 

Aggravated Sexual Assault (Tex. Penal Code Ann. §22.021) is considered a first-degree felony with a minimum prison sentence of 25 years if the victim is under the age of six (6) at the time of the offense or the victim is under the age of fourteen (14) and the perpetrator “causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode.”

It is imperative to have a knowledgeable sexual assault defense lawyer represent you at all phases of the criminal court case. When there are false accusations made in a sexual assault case, there must be a thorough independent investigation conducted. You may be required to turn over text messages or voicemails that indicate a consensual relationship or be willing to prove that it was a case of misidentification. A veteran trial attorney can walk you through the legal process so that you understand your options and how to fight the charges.

Why People are Falsely Accused of Sexual Assault in Texas

It is important to note that sexual assault is an egregious, often underreported crime. That being said, there are instances where an individual makes a false accusation against an innocent person. False allegations of sexual assault can happen for many reasons, including mistaken identity and shame or guilt associated with a consensual encounter. 

Hiring a Knowledgeable Houston Sexual Assault Defense Attorney

If you have been falsely accused of rape or sexual assault, you need to consult with a criminal defense attorney as soon as possible. Attorney James Alston is a former prosecutor with the Harris County District Attorney. During his time as an Assistant District Attorney, he investigated and prosecuted thousands of cases, including sex crimes. His experience helps him to see the case from both sides and develop a strategic defense on behalf of his client. Contact James Alston Law today for a free consultation at (713) 228-1400.