Facing sexual assault charges in Dallas can destroy your reputation, career, and freedom before you ever set foot in a courtroom. These allegations carry severe social stigma and life-altering legal consequences, including mandatory sex offender registration and potential prison sentences up to life imprisonment. At the Law Offices of Richard C. McConathy, we understand that accusations don’t equal guilt, and we provide aggressive, confidential defense for clients throughout Dallas County.
Our experienced criminal defense attorneys have successfully handled thousands of cases since 2002. We believe every person deserves vigorous legal representation, regardless of the allegations they face.
Contact our Dallas violent crime lawyer today at (972) 528-0116 for a confidential consultation. Your future, freedom, and reputation are at stake.
Understanding Sexual Assault Charges in Texas
Under Texas Penal Code Section 22.011, sexual assault occurs when a person intentionally or knowingly:
- Causes the penetration of another person without that person’s consent
- Causes the contact between any part of the genitals and another person without consent
- Causes the contact between another person’s genitals and the defendant’s mouth without consent
Aggravated sexual assault, defined under Texas Penal Code Section 22.021, involves sexual assault combined with aggravating factors such as:
- Use of a deadly weapon
- Causing serious bodily injury
- Threatening death or serious bodily injury
- Drugging the victim
- The victim being under 14 years old or elderly/disabled
Penalties for Sexual Assault in Texas
| Offense Type | Classification | Potential Prison Sentence | Fines |
|---|---|---|---|
| Sexual Assault | Second-degree felony | 2-20 years | Up to $10,000 |
| Aggravated Sexual Assault | First-degree felony | 5-99 years or life | Up to $10,000 |
All sexual assault convictions require mandatory registration as a sex offender, which severely impacts housing, employment, and personal relationships for life.
The sooner you speak to a lawyer, the stronger your defense can be. Evidence can disappear, witnesses’ memories fade, and critical procedural deadlines approach quickly.
Common Scenarios That Lead to Sexual Assault Charges
Claims of Non-Consensual Encounters
Many sexual assault cases arise from disputes over consent during intimate encounters. Alcohol consumption, miscommunication, or relationship dynamics can create situations where one party believes consent was given while the other claims it wasn’t. These cases often become “he said, she said” scenarios requiring careful examination of all evidence.
Online Communication & Minor Involvement
Digital communications through dating apps, social media, or text messages frequently become evidence in sexual assault cases. Misrepresenting age online or inappropriate contact with minors can lead to serious charges, even when the defendant believed the other party was of legal age.
Alcohol or Drugs and Consent Issues
Texas law recognizes that intoxicated individuals cannot legally consent to sexual activity. Cases involving alcohol or drugs require thorough investigation into the level of intoxication, voluntary consumption, and whether the defendant reasonably believed consent existed.
False Accusations or Revenge Allegations
Unfortunately, some sexual assault allegations stem from ulterior motives such as custody disputes, relationship revenge, or attempts to gain advantage in civil proceedings. Our attorneys investigate the accuser’s background and motivations to uncover potential fabrication.
Defense Strategies for Sexual Assault Charges in Dallas
Challenging Consent
When both parties agree that sexual contact occurred, the defense focuses on proving valid consent existed. This involves examining communications, witness testimony about behavior, and evidence showing the accuser’s state of mind.
DNA/Evidence Disputes
Physical evidence isn’t always clear-cut. Our team works with forensic experts to challenge DNA collection procedures, contamination issues, and laboratory analysis. We’ve successfully excluded evidence obtained through improper search and seizure.
Motive to Fabricate Allegations
Investigating the accuser’s background often reveals financial incentives, custody disputes, or personal vendettas that provide motive for false allegations. We examine social media, financial records, and relationship histories.
Alibi and Witness Testimony
Solid alibi evidence can completely defeat sexual assault charges. We locate security footage, credit card records, cell phone data, and witness testimony that place our clients elsewhere during the alleged incident.
Violation of Miranda Rights or Improper Investigation
Police frequently violate suspects’ constitutional rights during investigations. Improper interrogation techniques, failure to read Miranda warnings, or illegal searches can result in dismissal of charges or exclusion of key evidence.
Our attorneys tailor each defense strategy to your unique case circumstances and the specific evidence involved.
What to Do if You Are Accused of Sexual Assault
Do Not Talk to Police Without a Lawyer
Exercise your right to remain silent immediately. Police officers are trained interrogators who may use deceptive tactics to obtain confessions. Even innocent statements can be twisted to appear incriminating. Politely state: “I want to speak to my lawyer before answering any questions.”
Preserve Evidence and Digital Communications
Save all text messages, emails, and social media communications with the accuser. Do not delete anything, even if it seems harmful to your case. This evidence may prove consent or reveal the accuser’s motive to fabricate allegations.
Avoid Contact With the Accuser
Any contact with the accuser after allegations arise can be portrayed as intimidation or harassment. This includes direct contact, social media interaction, or communication through third parties. Protective orders often prohibit contact automatically.
Speak to a Dallas Sexual Offense Lawyer Immediately
The earlier we begin building your defense, the better your chances of a favorable outcome. We can advise you on interactions with police, preserve evidence, and begin investigating the allegations immediately.
For comprehensive information about defending against various sexual offenses charges, our experienced team handles all types of cases in this sensitive area of law.
Why Choose Our Dallas Criminal Defense Team
Over Two Decades of Experience
Richard C. McConathy has practiced criminal defense in Texas since 2002, handling thousands of criminal cases. Our experience includes cases in Dallas, Irving, Carrollton, Richardson, and throughout the Dallas-Fort Worth area.
Deep Familiarity With Dallas County Courts
Our team knows the prosecutors, judges, and court personnel in Dallas County. This familiarity allows us to anticipate prosecution strategies and negotiate more effectively for our clients.
Track Record of Experience
Our team has handled numerous criminal defense cases throughout Dallas County. Our experience includes cases across the criminal justice system, and we understand the complexities involved in defending against serious charges.
Dedication to Client Dignity and Privacy
We understand the sensitive nature of sexual assault allegations and treat every client with respect and confidentiality. Your case details remain strictly confidential, and we work to minimize public exposure throughout the legal process.
For additional information about our comprehensive approach to Dallas criminal defense, we handle all types of serious felony charges with the same dedication and skill.
Consequences of a Sexual Assault Conviction
The penalties for sexual assault conviction extend far beyond prison time and fines:
Prison Sentences
- Sexual assault: 2-20 years in prison
- Aggravated sexual assault: 5-99 years or life imprisonment
📋 Mandatory Sex Offender Registration Lifetime registration requirements including:
- Annual registration with law enforcement
- Address restrictions near schools and parks
- Public database listing with photo and address
- Travel notifications and restrictions
Employment and Housing Difficulties
- Background check failures for most jobs
- Exclusion from many professional licenses
- Difficulty securing rental housing
- Loss of student financial aid eligibility
Personal Relationships
- Loss of child custody or supervised visitation only
- Strain on family and social relationships
- Dating restrictions and disclosure requirements
Immigration Consequences
- Deportation for non-citizens
- Inadmissibility for future immigration benefits
- Barriers to naturalization
Even an accusation can damage your career and relationships before any court proceedings begin. Don’t face these serious consequences alone—experienced legal representation can make the difference between conviction and freedom.
Contact Our Dallas Sexual Assault Defense Lawyers Today
Sexual assault allegations can destroy your life in a matter of hours. The social stigma, potential prison time, and mandatory sex offender registration create urgency that demands immediate action. You have the constitutional right to vigorous legal defense, regardless of the allegations you face. Our team is ready to fight for your freedom and reputation.
Don’t wait to protect your future. Contact the Law Offices of Richard C. McConathy today:
📞 Call us now: (972) 528-0116
📧 Email us for a confidential consultation
🔗 Contact us online to schedule your appointment
📍 Serving Dallas, Irving, Carrollton, Richardson, and surrounding areas
Our phones are answered 24/7 because we understand that arrests don’t happen on a convenient schedule. The sooner we begin building your defense, the better your chances of protecting your freedom and reputation.
Frequently Asked Questions
Is sexual assault a felony in Texas?
Yes, sexual assault is a second-degree felony in Texas, punishable by 2-20 years in prison and up to $10,000 in fines. Aggravated sexual assault is a first-degree felony with penalties of 5-99 years or life imprisonment.
How long do you go to jail for sexual assault in Texas?
Prison sentences range from 2-20 years for sexual assault and 5-99 years or life for aggravated sexual assault. The exact sentence depends on factors like criminal history, specific circumstances, and whether plea negotiations occur.
Can you be falsely accused of sexual assault?
Yes, false accusations do occur due to motives like revenge, custody disputes, or mental health issues. Our attorneys investigate these possibilities and have successfully defended clients against fabricated allegations.
What is the difference between sexual assault and aggravated sexual assault?
Aggravated sexual assault includes additional elements like use of a weapon, causing serious injury, or involving victims under 14. It carries harsher penalties (5-99 years vs. 2-20 years) and has different defense considerations.
What happens after being arrested for sexual assault?
You’ll be booked, possibly required to provide DNA samples, and face arraignment within 48 hours. Bond may be set high or denied depending on circumstances. Contact an attorney immediately to protect your rights throughout this process.