Aggravated Sexual Assault

Sexual assault—more commonly referred to as rape—is an extremely serious criminal offense for a person to be accused of, but aggravated sexual assault is an enhanced criminal charge that can result in an alleged offender being sentenced to life in prison if convicted. People may be charged with aggravated sexual assault when an alleged rape involves certain aggravating factors.

Even if a person who is convicted of this crime does not receive a life sentence, he or she can still be required to register as a sex offender for the remainder of his or her life. Criminal charges for alleged sexual offenses are often based on the statements of an alleged victim, testimony that may be exaggerated or possibly even completely fabricated.

Attorney for Aggravated Sexual Assault Arrests in Conroe, TX

Do you think that you might be under investigation or were you arrested for an alleged aggravated sexual assault offense in Montgomery County or Harris County? Even if you are completely confident that you did not commit any alleged rape, you should still refuse to make any kind of statement to authorities until you have contacted Evans & Powell, PLLC.

Conroe criminal defense lawyers Sean Evans and Frank Powell represent clients accused of sexual offenses all over Montgomery County and Harris County, including such communities as Shenandoah, Panorama Village, Porter Heights, Oak Ridge North, Cut and Shoot, The Woodlands, and many others. Our attorneys will provide a complete evaluation of your case when you call (936) 622-2000 to schedule a free initial consultation.


Montgomery County Aggravated Sexual Assault Information Center


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Texas Aggravated Sexual Assault Charges

Under Texas Penal Code § 22.021, an alleged offender commits aggravated sexual assault if he or she intentionally or knowingly:

  • Causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or
  • Causes the penetration of the anus or sexual organ of a child by any means; causes the penetration of the mouth of a child by the sexual organ of the actor; causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

In addition to committing one of the actions listed above, an alleged offender commits aggravated sexual assault if:

  • The alleged offender causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
  • The alleged offender by acts or words places the victim in fear that any person will become the victim of a trafficking of persons offense under Texas Penal Code § 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
  • The alleged offender by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of a trafficking of persons offense under Texas Penal Code § 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person;
  • The alleged offender uses or exhibits a deadly weapon in the course of the same criminal episode;
  • The alleged offender acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or
  • The alleged offender administers or provides flunitrazepam, otherwise known as rohypnol (roofies), gamma hydroxybutyrate (GHB), or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;
  • The alleged victim is younger than 14 years of age; or
  • The alleged victim is an elderly individual or a disabled individual.

Texas Penal Code § 22.01(c) defines a child as a person younger than 17 years of age. Elderly individual is defined under Texas Penal Code § 22.04(c) as a person 65 years of age or older. Texas Penal Code § 22.021(b)(3) defines a disable individual as “a person older than 13 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self.”


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Aggravated Sexual Assault Penalties in Montgomery County

In order for a person to be convicted of aggravated sexual assault, a prosecutor will need to prove beyond a reasonable doubt that an alleged offender terms are defined under state law in Texas, as culpable mental states are classified according to relative degrees, from highest to lowest, as follows: Intentional; knowing; reckless; and criminal negligence.

All culpable mental states are defined as follows under Texas Penal Code § 6.03:

  • A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
  • A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist.  A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
  • A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.  The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
  • A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur.  The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

Aggravated sexual assault is a first-degree felony, and a conviction is punishable by up to 99 years or life in prison and/or a fine of up to $10,000. While the minimum sentences in such cases is usually five years in prison, a minimum sentence may be increased to 25 years if:

  • The alleged victim was younger than six years of age at the time the offense was committed; or
  • The alleged victim was younger than 14 years of age at the time the offense was committed and the alleged offender committed the alleged offense in a manner described by Texas Penal Code § (a)(2)(A).

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Texas Aggravated Sexual Assault Resources

Children's Safe Harbor — Children's Safe Harbor is a Full Member of Children's Advocacy Centers of Texas, Inc., the state association for children's advocacy centers, and a nationally accredited Full Member of the National Children's Alliance, the national association for children's advocacy centers. On this website, you can learn more about the mission, vision, and goal of Children's Safe Harbor. You can also find information about what to do if a child has been sexually abused, how to protect your children, and ways to report suspected child sexual abuse.

Children's Safe Harbor
1519 Oddfellow St.
Conroe, TX 77301
(936) 756-4644

Johnson v. State, 23 S.W.3d 1 (Tex. Crim. App. 2000) — Jimmie Lee Johnson was ordered to pay a $10,000 fine and sentenced to life in prison after a jury convicted him of two counts of aggravated sexual assault. The Thirteenth Court of Appeals reversed Johnson’s conviction on the grounds of factual insufficiency, holding that “while the State proved a rape did occur, the evidence was factually insufficient to prove beyond a reasonable doubt that appellant was the guilty party, and a ‘manifest injustice’ would occur if this conviction was allowed to stand.” Having concluded that the Court of Appeals' opinion “detailed the relevant evidence and determined the accuracy of the victim's in-court identification could not shoulder sufficient reliability to establish beyond a reasonable doubt that appellant carried out the assault,” the Texas Court of Criminal Appeals could “find no fault in its application of the factual sufficiency review” and affirmed its decision to reverse and remand the case for further proceedings.


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Evans & Powell, PLLC | Conroe Aggravated Sexual Assault Defense Lawyer

If you were arrested or believe that you could be under investigation for an alleged aggravated sexual assault in Montgomery County or Harris County, it is in your best interest to not say anything to authorities without legal counsel. Evans & Powell, PLLC represents individuals facing rape charges in Pinehurst, Splendora, Magnolia, Willis, Woodbranch, Patton Village, and many surrounding areas of Montgomery County and Harris County.

Sean Evans and Frank Powell are experienced criminal defense attorneys in Conroe who can fight to help you achieve the most favorable outcome to your case that results in the fewest possible penalties. Call (936) 622-2000 or submit an online contact form to have our lawyers review your case and help you understand all of your legal options during a free, confidential consultation.


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