Aggravated sexual assault of a child is one of the most serious felony charges in Texas. A conviction carries 5 to 99 years in prison, lifetime sex offender registration, and permanent consequences that affect every aspect of your life. If you or a loved one is facing this charge, you need an experienced defense attorney immediately.
At Varghese Summersett, our board-certified criminal defense attorneys have defended hundreds of clients against sexual assault allegations in Tarrant, Dallas, Harris, and surrounding Texas counties. We understand what’s at stake, and we fight aggressively to protect your rights, your reputation, and your future.
What is Aggravated Sexual Assault of a Child Under Texas Law?
Under Texas Penal Code § 22.021, aggravated sexual assault of a child occurs in two main situations. First, when someone commits sexual assault against any child while also causing serious bodily injury, threatening death or serious injury, using a deadly weapon, or administering drugs to incapacitate the victim. Second, when someone commits sexual assault against a child under 14 years old, regardless of whether other aggravating factors are present.
Texas law defines a “child” as anyone under 17 years old for purposes of sexual assault offenses. Because children cannot legally consent to sexual activity, the state does not need to prove force or lack of consent when the victim is a minor.
What is the Punishment for Aggravated Sexual Assault of a Child in Texas?
Aggravated sexual assault of a child is a first-degree felony in Texas. The punishment range includes:
- 5 to 99 years (or life) in prison
- Up to $10,000 in fines
- Lifetime sex offender registration
Texas law also creates a category known as “super aggravated” sexual assault, which applies when the victim was under 6 years old, or when the victim was under 14 and another aggravating factor (weapon, serious injury, or drugging) was present. Super aggravated offenses carry a mandatory minimum of 25 years in prison with no possibility of parole.
What is the Punishment with a Prior Sex Offense Conviction?
If you have a prior conviction for a sexually violent offense, Texas law mandates life without parole. There is no judicial discretion. This makes having experienced legal representation from the earliest possible moment critical.
What Are the Sex Offender Registration Requirements?
A conviction for aggravated sexual assault of a child requires lifetime registration as a sex offender under Texas Code of Criminal Procedure Chapter 62. This also applies if you receive deferred adjudication. Registration requirements include providing your address to local law enforcement, restrictions on where you can live and work, and having your information publicly available in the Texas Sex Offender Registry.
Can You Get Probation for Aggravated Sexual Assault of a Child?
Probation eligibility depends on the specific circumstances of the charge. Aggravated sexual assault of a child is classified as a 3G offense in Texas, which limits probation options significantly.
A judge cannot grant straight probation for this offense. A jury can only recommend probation if the sentence is 10 years or less AND the victim was 14 or older. Neither a judge nor jury can grant probation for “super aggravated” sexual assault cases.
A prosecutor may offer deferred adjudication as part of a plea agreement, unless you have prior convictions for certain sexual offenses. Prosecutors cannot offer deferred adjudication for super aggravated offenses or if you qualify as a habitual offender.
Even when probation is granted, the conditions are extremely restrictive. You would still register as a sex offender, comply with residency restrictions in child safety zones, submit to GPS monitoring, attend mandatory sex offender treatment, maintain curfews, and face ongoing supervision that affects nearly every aspect of daily life.
What Happens After an Accusation is Made?
When someone reports aggravated sexual assault of a child, authorities typically move quickly. The Texas Department of Family and Protective Services (DFPS) will open an investigation. The child will undergo a forensic interview at a children’s advocacy center, where trained interviewers use specific protocols to gather the child’s account.
Law enforcement will investigate separately. Detectives may attempt to contact you for “your side of the story.” This is not an opportunity to clear your name. Anything you say can and will be used against you. Do not speak with investigators without an attorney present.
If you learn you are under investigation, contact a defense attorney immediately. Early intervention can sometimes prevent charges from being filed, or at minimum, allow you to arrange a voluntary surrender rather than a public arrest.
Why Do False Accusations of Child Sexual Assault Happen?
False accusations of aggravated sexual assault do occur, and they happen for various reasons. Contentious divorces and custody disputes sometimes motivate a parent to coach a child or misinterpret innocent behavior. Teenagers may fabricate allegations out of anger, embarrassment, or to avoid getting in trouble for other behavior. In some cases, well-meaning but poorly trained interviewers inadvertently suggest details that children then incorporate into their accounts.
Children are particularly susceptible to suggestion. They want to please adults and may say what they believe the interviewer wants to hear. Repeated questioning can cause a child to become confused about what actually happened versus what they were asked about. This is why the forensic interview process, the interviewer’s techniques, and any prior conversations with the child become critical areas of investigation for the defense.
Our attorneys carefully examine every aspect of how the accusation originated and developed. We look for evidence of coaching, leading questions, inconsistencies between statements, and motives to fabricate.
How Do Defense Attorneys Fight Aggravated Sexual Assault Charges?
Defending against aggravated sexual assault of a child allegations requires thorough investigation and aggressive legal strategy. At Varghese Summersett, our defense approach includes:
Analyzing the forensic interview. We obtain and carefully review the recorded forensic interview, looking for leading questions, inconsistencies, signs of coaching, or interviewer bias. The child’s statements are often the prosecution’s primary evidence, and weaknesses here can be decisive.
Examining physical evidence. Many cases lack physical evidence entirely. When evidence does exist, we work with independent forensic experts to evaluate whether it actually supports the allegations or has alternative explanations.
Investigating the accuser’s background. We look for prior false allegations, motives to fabricate, family dynamics that could influence the accusation, and any evidence of coaching or suggestion by adults.
Challenging the timeline. Prosecutors must prove specific acts occurred at specific times. Alibis, school records, work schedules, and other documentation can sometimes establish that the defendant could not have committed the alleged acts.
Hiring expert witnesses. We regularly work with child psychology experts, forensic interviewers, and medical professionals who can explain to juries how false memories form, how improper interview techniques contaminate testimony, and how medical findings may be misinterpreted.
[CASE EXAMPLE NEEDED: Specific example of a VS case where defense strategy resulted in favorable outcome – charges dismissed, acquittal, or significant reduction. Include jurisdiction, general facts, defense approach, and result without client-identifying information.]
What Should You Do If You’re Under Investigation or Charged?
If you are facing an investigation or charges for aggravated sexual assault of a child, take these steps immediately:
Do not talk to investigators. Police may tell you they “just want to hear your side” or that cooperating will help you. This is not true. Detectives are gathering evidence to arrest you. Politely decline to answer questions and ask for an attorney.
Do not contact the accuser or their family. Any contact can be used against you and may result in additional charges. Even well-intentioned communication will be portrayed as witness tampering or intimidation.
Preserve evidence. Save text messages, emails, social media communications, photos with timestamps, and any other documentation that could be relevant to your defense. Do not delete anything.
Contact an experienced defense attorney immediately. Early legal intervention provides the best opportunity to investigate the allegations, gather exculpatory evidence, and potentially prevent charges from being filed.
Why Choose Varghese Summersett for Your Defense?
Our criminal defense team includes former prosecutors who handled sex crime cases. We don’t just know the prosecution’s playbook. We helped write it. This experience allows us to anticipate prosecution strategies and identify weaknesses in their cases.
Varghese Summersett has more than 70 team members and offices in Fort Worth, Dallas, Houston, and Southlake. Our attorneys include board-certified specialists in criminal law, a distinction held by less than 10% of Texas criminal defense attorneys. We have the resources to conduct thorough investigations, hire the best expert witnesses, and take cases to trial when necessary.
We understand that an accusation of child sexual assault is devastating, even before a conviction. Your reputation, career, family relationships, and freedom are all at risk. We treat every client with respect and fight relentlessly to protect what matters most.
Frequently Asked Questions
What is the difference between sexual assault and aggravated sexual assault of a child?
Sexual assault of a child under Texas Penal Code § 22.011 is a second-degree felony with a punishment range of 2 to 20 years. The offense becomes “aggravated” under § 22.021 when the child is under 14, or when additional factors are present such as serious bodily injury, use of a deadly weapon, or drugging the victim. Aggravated sexual assault is a first-degree felony with 5 to 99 years or life in prison.
Can aggravated sexual assault of a child charges be dismissed?
Yes, charges can be dismissed if the defense demonstrates insufficient evidence, constitutional violations, or other legal deficiencies. Dismissals may also occur when investigation reveals the allegations are false or when key witnesses become unavailable. However, prosecutors rarely dismiss these cases without compelling reasons, which is why aggressive defense investigation is critical.
Is there a statute of limitations for aggravated sexual assault of a child in Texas?
There is no statute of limitations for aggravated sexual assault of a child in Texas. Under Texas Code of Criminal Procedure § 12.01, prosecutors can file charges at any time, regardless of how many years have passed since the alleged offense.
What if the child recants or changes their story?
A recantation does not automatically result in dismissed charges. Prosecutors often argue that the child was pressured to recant and that the original accusation was truthful. However, significant inconsistencies in the child’s statements can be powerful evidence for the defense, particularly when combined with other factors suggesting the allegations are unreliable.
Will I go to jail while awaiting trial?
You may be eligible for bond, but bail amounts for aggravated sexual assault of a child are typically very high (often $100,000 or more). Conditions of release usually include no contact with the alleged victim, GPS monitoring, and restrictions on contact with minors. An experienced attorney can advocate for reasonable bail conditions at your arraignment.
Contact a Texas Aggravated Sexual Assault Defense Attorney Today
If you or someone you love has been accused of or charged with aggravated sexual assault of a child, time is critical. Every day that passes is a day the prosecution is building their case. You need an attorney who will fight just as hard for you.
Call Varghese Summersett today at (817) 203-2220 for a free, confidential consultation. We are available 24/7 and can meet with you immediately. Our attorneys handle cases throughout Texas, including Tarrant County, Dallas County, Harris County, and surrounding areas.
Your future is worth fighting for. Let us fight for you.
