Aggravated Sexual Assault

Aggravated Sexual Assault | Law Offices of Richard C. McConathy

Aggravated Sexual Assault


Sexual assault is more commonly known simply as rape. Aggravated sexual assault is an even more serious criminal charge that stems from a sexual assault that causes serious injury or involves a certain kind of victim or certain other factors.


Aggravated sexual assault is among the most serious crimes in Texas, and a conviction could potentially result in a life sentence in prison. Prosecutors are prepared to try and get courts to order maximum punishments for alleged offenders in these cases, so it is important for people accused of this crime to take the charges very seriously.

Aggravated Sexual Assault


Denton Aggravated Sexual Assault Lawyer


Were you or your loved one arrested or do you think that you might be under investigation for an alleged aggravated sexual assault in the greater Denton area? You need to be sure that you have legal representation before you speak to authorities.


The Law Offices of Richard C. McConathy provides an aggressive defense against aggravated sexual assault charges. We can answer all of your legal questions when you call (940) 222-8004 or contact us online to schedule a free consultation.


Aggravated Sexual Assault Charges in Texas


Texas Penal Code § 22.021(a)(1)(A) establishes that a person commits aggravated sexual assault if they intentionally or knowingly:


  • cause the penetration of the anus or sexual organ of another person by any means, without that person's consent;


  • cause the penetration of the mouth of another person by the sexual organ of the alleged offender, without that person's consent; or


  • cause 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 alleged offender.


Under Texas Penal Code § 22.021(a)(1)(B), a person also commits aggravated sexual assault if they, regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly:


  • cause the penetration of the anus or sexual organ of a child by any means;


  • cause the penetration of the mouth of a child by the sexual organ of the alleged offender;


  • cause the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the alleged offender;


  • cause the anus of a child to contact the mouth, anus, or sexual organ of another person, including the alleged offender; or


  • cause the mouth of a child to contact the anus or sexual organ of another person, including the alleged offender; and


Under Texas Penal Code § 22.021(a)(2), aggravated sexual assault also invovles:


  • cause serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;


  • by acts or words places the victim in fear that any person will become the victim of an 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;


  • by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an 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;


  • uses or exhibits a deadly weapon in the course of the same criminal episode;


  • acts in concert with another who engages in conduct described by Texas Penal Code § 22.021(a)(1) directed toward the same victim and occurring during the course of the same criminal episode; or


  • with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim's ability to appraise the nature of the act or to resist the act;


  • 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.


Under Texas Penal Code § 22.01(c), a child is defined as a person younger than 17 years of age and Texas Penal Code § 22.04(c) defines an elderly individual as a person 65 years of age or older. A disabled individual is defined under Texas Penal Code § 22.021(b)(3) 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.”


Aggravated Sexual Assault Penalties in Denton


Aggravated sexual assault is a first-degree felony. A conviction is punishable by up to 99 years or life in prison and/or a fine of up to $10,000.


The minimum sentence is usually five years in prison, but that minimum sentence can be increased to 25 years when:


  • 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).


Aggravated Sexual Assault Defenses in Denton


Texas Penal Code § 22.021(d) establishes that the defense provided by Texas Penal Code § 22.011(d) also applies to aggravated sexual assault. Texas Penal Code § 22.011(d) provides that it is a defense to prosecution that the alleged conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.


Some alleged offenders may be completely innocent of the criminal charges and may have been wrongfully accused. People who suspect they are the victims of false allegations must get experienced legal representation for help overcoming the charges.


Denton Aggravated Sexual Assault Resources


Sexual Assault | Denton County Friends of the Family — The pupose of Denton County Friends of the Family is to “provide compassionate, comprehensive services to those impacted by rape, sexual abuse, and domestic violence, while partnering with our community to promote safety, hope, healing, justice, and prevention.” Visit this website to find services for victims of sexual assault. The organization has a 24 Hour Crisis Line (940-382-7273 or 800-572-4031)


Denton Outreach Office

4845 S I-35 E, Suite 200

Corinth, TX 76210

(940) 387-5131


Johnson v. State, 23 S.W.3d 1 (Tex. Crim. App. 2000) — Jimmie Lee Johnson was convicted him of two counts of aggravated sexual assault and ordered to pay a $10,000 fine and sentenced to life in prison. The Thirteenth Court of Appeals, however, reversed the conviction becasue 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.” The Texas Court of Criminal Appeals stated that it could “find no fault in its application of the factual sufficiency review” and affirmed the Court of Appeals decision to reverse and remand the case for further proceedings.


Law Offices of Richard C. McConathy | Denton Aggravated Sexual Assault Attorney


If you or your loved one has been arrested or could be under investigation for an alleged aggravated sexual assault in Denton or a surrounding area of Texas, try to remain calm. Contact the Law Offices of Richard C. McConathy and let us begin helping clear your good name.


Our firm will work to have your criminal charges reduced or dismissed. Call (940) 222-8004 or contact us online to receive a free consultation.

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