Sexual Assault Lawyer, Defending You All The Way
The stakes are high with sexual assault charges. Consequently, it is important to hire a sexual assault lawyer that is trial proven. Conviction for a sexual assault (commonly known as rape) can result in two to twenty years in prison and a fine of up to $10,000. Even more burdensome penalty may be the need to register as a sex offender for the rest of your life.
At Gireud | Hobbs, PLLC, our San Antonio sex crimes defense lawyers understand the complexities of sexual assault cases. If you have been charged with rape, sexual assault, or aggravated sexual assault, work with a sexual assault lawyer that is experienced with jury trial cases. Call our law firm at (210) 702-2168 or contact us online to schedule a free consultation.
DNA evidence makes these cases easier to prosecute but when DNA evidence is missing, the prosecution usually must base their case on eyewitness identification. This is one of the least accurate types of evidence, especially when a person has experienced a trauma (for example, when a weapon is involved). The victim is highly susceptible and is as likely to identify the first picture from a police blotter or lineup, as they are asked to pick the right person. Problems with eyewitness identification have been proven especially true when the victim and perpetrator are of different races.
Can You Fight DNA Evidence in a Sexual Assault Case?
DNA, once thought of as the gold standard, has also come under fire because the DNA is only as good as the collection method. If the police or the lab technicians don’t do their jobs correctly, the results can be thrown out. And finally, DNA just plain gets it wrong sometimes – your DNA can be anywhere near a crime scene and suddenly you find yourself thrust into the spotlight of an investigation being told “we’ve got your DNA, you might as well confess so the Judge will go easy on you!” Officers are allowed to lie to you. Maybe they have your DNA, maybe they don’t – either way, request an attorney and call us immediately.
Issues of Consent: Sometimes Consent Isn’t Enough
Sexual assault is non-consensual sexual activity. Although that sounds straightforward, questions about whether the victim did or did not consent can weaken the prosecution’s case and provide an opening for the defense.
In some cases, a rape charge is brought by parents against an older boyfriend (or girlfriend). Because of the younger person’s age, they argue that she/he cannot legally give consent. This can result in charges of sexual assault of a child, even though the “child” in question eagerly gave consent and was in a relationship.
Aggravated Sexual Assault Charges and Penalties
- Rape is typically a second-degree felony, although it can be elevated to a first-degree felony under certain circumstances, resulting in increased prison time.
- Aggravated sexual assault involves threats of death or grievous injury, but can also be charged in cases where use of a date rape drug is suspected.
- The district attorney can bring charges of super aggravated sexual assault if the alleged victim is under the age of six, or under the age of 14 if the defendant had previously been convicted of aggravated sexual assault.
The penalties for aggravated sexual assault are harsh: 5 to 99 years in prison, and a mandatory minimum of 25 years in prison for super aggravated sexual assault. Conviction on any aggravated rape charge requires lifetime sex offender registration.
Contact Our Sexual Assault Lawyer
Because the stakes are very high in these emotionally charged cases, it is critical to have a sexual assault attorney who will protect your rights and fight hard for the best possible outcome under the circumstances. Learn how our lawyers can help you. Call (210) 702-2168 for a free consultation or contact us online.