If you face aggravated sexual assault charges in Frisco, Texas, you need strong legal representation from attorneys who understand these serious allegations. At My Dallas Criminal Lawyer, our attorneys defend clients throughout Collin County, Denton County, and the surrounding areas near Plano. Attorney Justin Wilson brings valuable experience as a former prosecutor to our team, giving us insight into how the state builds these cases.

Aggravated sexual assault charges carry severe consequences, including decades in prison and mandatory sex offender registration. With so much at stake, you need skilled legal counsel from the moment charges are filed.

Why You Need a Strong Frisco Defense Attorney

Facing an aggravated sexual assault charge requires immediate action from a strong defense attorney. The investigation starts long before formal charges are filed, making early intervention crucial to protect your rights. Our firm brings the invaluable perspective of former prosecutor Justin Wilson, whose inside knowledge of the state’s tactics helps us anticipate their strategy and pinpoint weaknesses in their case. Combined with our deep familiarity with the Collin County court system, we provide a defense that is both strategic and locally informed.

A successful defense begins with a swift and thorough investigation. Time is critical, as physical evidence can degrade and witness memories can fade. Our team immediately works to preserve favorable evidence, identify defense witnesses, and meticulously review every aspect of the police investigation. We ensure your constitutional protections were upheld, scrutinizing the process for any violations of your Fourth Amendment rights against illegal searches or Fifth Amendment rights against self-incrimination.

Challenging the state’s case often requires specialized knowledge. We leverage a network of qualified experts in fields like forensic science, DNA analysis, digital forensics, and psychological evaluations. These experts provide crucial testimony that can effectively counter the prosecution’s evidence and support our defense theories, giving you a comprehensive and robust defense against these serious allegations.

Understanding Aggravated Sexual Assault Charges in Texas

Texas Penal Code § 22.021 defines aggravated sexual assault as sexual assault with additional aggravating circumstances. The state must prove beyond a reasonable doubt that the defendant intentionally or knowingly caused the penetration of another person without consent, along with one or more aggravating factors.

Aggravating circumstances that elevate a sexual assault charge include:

• Use or exhibition of a deadly weapon during the offense
• Causing serious bodily injury to the victim or another person
• Attempting to cause the death of the victim or another person
• The victim is younger than 14 years of age, regardless of whether the defendant knew the victim’s age
• The victim is an elderly individual (65 years or older) or a disabled individual
• The defendant acts with another person who engages in sexual assault of the same victim

Unlike simple sexual assault (a second-degree felony), aggravated sexual assault is always charged as a first-degree felony in Texas. This distinction carries harsher penalties and long-term consequences beyond the criminal justice system.

The prosecution must establish each element of the offense through credible evidence. This includes proving the lack of consent, the sexual contact, and the presence of aggravating factors. Our defense team examines every aspect of the state’s case to identify weaknesses and inconsistencies we can challenge in court.

Severe Penalties for Aggravated Sexual Assault Convictions

A conviction for aggravated sexual assault in Texas carries substantial penalties in the criminal justice system. As a first-degree felony, the punishment range includes:

Prison Sentence: 5 to 99 years or life imprisonment in the Texas Department of Criminal Justice. The law prohibits judge-ordered probation for aggravated sexual assault convictions. While jury-recommended probation may apply in limited circumstances for first-time offenders with sentences of 10 years or less, strict eligibility requirements and victim age restrictions often prevent this option.

Financial Penalties: Fines up to $10,000, plus court costs, restitution to victims, and other fees associated with the criminal process.

Deferred Adjudication Restrictions: Texas law limits deferred adjudication for aggravated sexual assault charges. A judge may grant deferred adjudication only after finding in open court that it serves the victim’s best interest. The law prohibits deferred adjudication for second or subsequent aggravated sexual assault offenses. Even with deferred adjudication, lifetime sex offender registration remains mandatory.

Parole Eligibility: Defendants must serve at least half of their sentence before parole consideration, with no guarantee of release.

Enhanced Penalties: Cases involving very young victims may trigger enhanced penalties. As of September 1, 2025, new mandatory minimum sentences include a 25-year minimum when the victim is under 10 years old. A 25-year minimum may also apply when the victim is under 14 years old with specific aggravating circumstances such as weapon use, serious bodily injury, or drug administration. Life without parole remains possible for offenders with prior sexually violent offense convictions.

Defendants with prior felony convictions may face enhanced penalties, potentially resulting in life sentences under Texas’s habitual offender statutes.

A conviction creates a permanent criminal record that cannot be sealed or expunged. This record affects employment opportunities, professional licensing, housing applications, and many other aspects of daily life. These additional consequences often impact lives as significantly as the criminal penalties.

Sex Offender Registration Requirements in Frisco and Collin County

A conviction for aggravated sexual assault in Texas mandates lifelong registration as a sex offender, as outlined in Chapter 62 of the Code of Criminal Procedure. Upon release from custody or starting community supervision, individuals have seven days to register with their local law enforcement agency. This information is then made public through an online database managed by the Texas Department of Public Safety, which includes the registrant’s photograph, address, and conviction details for public access.

Registrants must adhere to strict reporting requirements. Most are required to verify their information annually, but this frequency increases to every 90 days for those with multiple sexually violent offenses and can be as often as every 30 days for high-risk individuals. Any change in personal information must be reported within seven days. While Texas lacks a statewide residency restriction law, many local jurisdictions within Collin County prohibit registered sex offenders from living near schools, parks, and other areas where children frequently gather. Failure to comply with any registration requirement is a separate felony offense that can result in additional prison time.

The consequences of being on the sex offender registry extend far beyond legal obligations. Registrants and their families often face significant social stigma and practical difficulties in their daily lives. Professionally, opportunities are severely limited, as the registry status is readily available on background checks conducted by potential employers, creating a substantial barrier to finding work.

Defense Strategies for Aggravated Sexual Assault Cases

Our attorneys develop defense strategies based on the specific facts of each case. We often employ multiple approaches to create reasonable doubt about the prosecution’s case.

• Consent Defense: In cases involving adult complainants, we may show evidence that the alleged victim participated willingly in the sexual activity. This defense requires careful analysis of the circumstances and the relationship between the parties.
• False Accusation Defense: We investigate the complainant’s background, relationships, and potential motivations when evidence suggests false allegations. Common motivations include custody disputes, relationship conflicts, financial gain, or attempts to avoid consequences for other behavior.
• Evidence Challenges: We examine the state’s evidence thoroughly to identify gaps, inconsistencies, and weaknesses that prevent the prosecution from proving guilt beyond reasonable doubt.
• Constitutional Challenges: We may file motions to suppress evidence obtained through illegal searches, coercive interrogations, or Miranda rights violations. Successfully suppressing key evidence can significantly weaken the prosecution’s case.
• Expert Analysis: We work with qualified experts to review forensic evidence, including DNA analysis, digital evidence, and medical examinations. These experts help challenge the prosecution’s interpretation of scientific evidence.
• Digital Evidence Review: Our team works with digital forensics experts to analyze text messages, social media communications, and electronic records that may support the defense.

The Investigation Process and Your Rights

Understanding how aggravated sexual assault investigations work helps defendants make informed decisions about legal representation and interactions with law enforcement. These investigations often involve multiple agencies and can continue for months before formal charges.

Initial Response: When someone reports allegations to law enforcement, officers typically interview the complainant and may seek immediate medical examination for recent allegations. During this phase, investigators may try to question the accused.

Evidence Collection: Law enforcement agencies may obtain search warrants for residences, vehicles, electronic devices, and DNA samples. Any evidence obtained through illegal searches may face suppression in court.

Digital Investigation: Modern cases often involve seizing cell phones, computers, tablets, and other electronic devices. Law enforcement uses specialized software to extract data, including deleted files, communications, and internet activity.

DNA Evidence: Courts may order defendants to provide DNA samples for comparison with evidence from the alleged crime scene or victim. This evidence can prove crucial to both prosecution and defense cases.

Your Rights During Investigation:

• Right to remain silent and refuse to answer questions
• Right to have an attorney present during questioning
• Right to Miranda warnings before custodial interrogation
• Protection against self-incrimination

Exercising these constitutional rights from the start helps build an effective defense. Remember that investigators can use any statements against you, even if you intend to clear up a misunderstanding.

Protecting Your Future in Denton County and Collin County

An aggravated sexual assault charge in Denton or Collin County can have devastating and far-reaching consequences that extend well beyond criminal penalties, impacting your professional and financial future. A conviction will appear on background checks, severely limiting employment opportunities and potentially leading to the revocation or denial of professional licenses by state boards.

Furthermore, your educational pursuits can be halted, as colleges may deny admission or expel students, and your eligibility for financial aid could be affected. Finding housing also becomes a significant challenge, with many landlords refusing tenants with criminal records and sex offender registration requirements imposing further residential restrictions.

The personal and social ramifications of such charges are equally profound, often causing irreparable damage to your life. Allegations alone can strain relationships with family and friends and can complicate child custody and visitation rights in family court. For non-citizens, a conviction can trigger severe immigration consequences, including deportation and ineligibility for future immigration benefits.

The overall social impact is immense, as the stigma associated with a sexual assault allegation, compounded by potential sex offender registration, can lead to community ostracization and lasting damage to your reputation. Securing strong legal representation is crucial to navigate these complex challenges and protect your future.

Frequently Asked Questions About Aggravated Sexual Assault Charges

Contact My Dallas Criminal Lawyer for Immediate Help

If you face aggravated sexual assault charges in Frisco, Plano, or anywhere in Collin County or Denton County, contact us immediately to protect your rights. Our attorneys understand these serious charges and work to defend your future.

We offer free consultations to review your case and explain your legal options. We will discuss the charges, potential defense strategies, and answer your questions about the process. Our attorneys respond to arrests at any time. We provide immediate assistance, including representation during questioning and bond hearings.

Attorney Justin Wilson brings valuable experience as both a prosecutor and defense attorney to each case. His recognition as a Texas Rising Star by Super Lawyers for three consecutive years (2021-2023) reflects his commitment to criminal defense. Our firm has achieved dismissals, acquittals, and significant charge reductions in serious felony cases. While past results cannot guarantee future outcomes, they demonstrate our dedication to defending our clients.

Contact My Dallas Criminal Lawyer today at 214-949-4117 for your free consultation.