Sexual Assault Versus Aggravated Sexual Assault in Texas: What’s the Difference?

Sexual assault is one of the most egregious crimes one person can commit. Aggravated sexual assault makes the situation worse. In such a situation, you need to know about sexual assault versus aggravated sexual assault in Texas. What’s the difference? If you are accused of either crime, the most important decision you can make is to hire a criminal defense lawyer and start working on a strong defense strategy. Otherwise, you could be looking at life-altering penalties.

Sexual Assault Versus Aggravated Sexual Assault

Sexual assault is defined as the intentional act of performing a non-consensual sexual act with another person against their will. It involves coercion, aggression, threats, blackmail, or some other kind of questionable behavior that results in one person forcing another person to commit a sexual act.

Aggravated sexual assault is considered different from sexual assault under the Texas Penal Code. Aggravated sexual assault combines aggravated assault with sexual assault, which essentially makes it a sexual crime with elevated factors that make the situation so much more threatening.

Aggravating Factors

For a case of sexual assault to be considered aggravated assault, certain aggravating factors must be present in the case. A charge of aggravated sexual assault could result in penalties that include life in prison, a $10,000 fine, and registering as a sex offender. Here are some of the significant aggravating factors that can make a sexual assault case considerably worse:

• Weapon. If the alleged perpetrator used a weapon of any kind to cause the victim bodily harm or threaten to cause bodily harm during the sexual assault, that can be considered an aggravating factor.
• The victim was not old enough to consent. If the sexual assault victim was a minor less than 17, which is the age a person can consent to sex in the state, then the sexual assault is considered an act of aggravated sexual assault. It does not matter if the perpetrator knew the victim’s age beforehand or not. It is an act of sexual aggression toward a minor.
• Elderly person. If the sexual assault victim was an elderly person over the age of 65, then the sexual assault is also considered an act of aggravated sexual assault. The perpetrator may also be charged with assaulting the elderly, which can be a first-degree felony all on its own.
• Threat of violence. While committing an act of sexual assault, if the perpetrator threatens violence or attempts to harm the victim, the assault can be considered an act of aggravated assault. Threats could be considered words or actions. A weapon doesn’t need to be involved, but if there is one, the penalties could be worse.
• Disabled victim. If the victim of sexual assault is a mentally impaired or physically disabled person, the charge immediately rises to aggravated sexual assault based solely on the status of the victim. Anyone who is unable to physically protect or provide for themselves is considered legally disabled.
• Drugs. If the sexual assault victim was drugged in any way, the charge may immediately rise to aggravated sexual assault. The use of drugs implies premeditation and a plan to severely impair the victim’s judgment or render them unconscious.

FAQs

Q: What Is the Difference Between Sexual Assault and Aggravated Sexual Assault?

A: The primary difference between a case of sexual assault and a case of aggravated sexual assault is additional circumstances. Sexual assault becomes aggravated sexual assault if the situation is considerably more severe and involves violence, threats, children, or drugs. A conviction of aggravated sexual assault could see the perpetrator serve a life sentence in prison as a maximum penalty, as it is considered a first-degree felony.

Q: What Makes Sexual Assault Aggravated?

A: A case of sexual assault becomes aggravated in the state when certain conditions are met. These aggravating circumstances include:

• Use of a deadly weapon.
• Threats of harm or physical violence.
• A victim not yet 17 years old.
• A victim over the age of 65.
• A physically or mentally disabled victim.
• The use of drugs to hinder the victim’s judgment.
• Intent to kill the victim.
• Threats of human trafficking or kidnapping.

Q: What Are the Three Levels of Sexual Assault?

A: The three levels of sexual assault are first-degree sexual assault, second-degree sexual assault, and third-degree sexual assault. First-degree tends to involve penetration by force, use of a weapon, and serious bodily harm. Second-degree involves some form of sexual contact without consent and coercion. Third-degree involves non-violent sexual contact without consent. While all three are terrible crimes, first-degree sexual assault is considered the most severe.

Q: Should I Talk to the Police?

A: You may want to reconsider your decision to speak with the police, at least until after you have consulted with a criminal defense attorney. If you are considered a person of interest in a sexual assault case, the police will likely want to speak with you. You may even have the desire to either explain yourself or provide the cops with an alibi. It is recommended that you speak with a lawyer first and have them present during your interview.

Q: What Should I Do If I Am Arrested for Sexual Assault?

A: If you are arrested on a charge of sexual assault, you should comply with the police. Do not attempt to flee or resist arrest, as that can severely impact your case going forward. Insist on speaking with an attorney before ever speaking to the police. You do not have to say anything you don’t want, including answering any questions from the police. Call a criminal defense lawyer and get started on your defense strategy.

Reach Out to a Criminal Defense Lawyer Today

It can be frightening to be arrested for a charge of sexual assault, or worse, aggravated sexual assault. Knowing the differences between the two charges can help you understand your situation. Hiring a criminal defense lawyer may be the most important decision you make for your case.

At Greco Neyland, PC, we know what kind of legal assistance you will need to fight these charges. We can help you develop a defense strategy, advocate for you in court, and make sure your rights are consistently protected. Contact us to schedule a consultation as soon as you can.