Texas Aggravated Sexual Assault Defense Lawyers

Aggravated sexual assault is one of the most serious criminal charges in Texas. It carries a potential sentence of 5 to 99 years or life in prison, and when the victim is under 14, the minimum sentence is 25 years with no parole eligibility until the 25th year. There is no charge in the Texas Penal Code where the stakes are higher or where the quality of your defense matters more.

At Deandra Grant Law, Attorney Douglas Huff has defended clients against aggravated sexual assault charges and understands the extraordinary level of preparation these cases demand. As our Criminal Division Chief, Doug brings both trial experience and forensic science training to every case.

What Makes Sexual Assault “Aggravated” in Texas?

Under Texas Penal Code §22.021, a sexual assault becomes aggravated when one or more of the following factors is present:

• The victim is younger than 14 years of age
• The actor causes serious bodily injury or attempts to cause the death of the victim or another person during the commission of the offense
• The actor uses or exhibits a deadly weapon during the commission of the offense
• The actor acts in concert with another person who engages in the same criminal conduct
• The actor administers a date rape drug (rohypnol, ketamine, GHB, or similar substance) to facilitate the assault
• The victim is elderly (65 or older) or disabled

Each of these aggravating elements requires specific proof. The prosecution must establish the aggravating factor beyond a reasonable doubt and Doug scrutinizes every element to determine whether the evidence actually supports the aggravated charge.

Penalties for Aggravated Sexual Assault

Standard Aggravated Sexual Assault

• First-degree felony
• 5 to 99 years or life in the Texas Department of Criminal Justice
• Fine of up to $10,000
• Lifetime sex offender registration with no possibility of early termination
• Community supervision (probation) is generally not available

Aggravated Sexual Assault of a Child Under 14

• Minimum sentence of 25 years
• No parole eligibility until the defendant has served the full 25 years
• If the actor used force, threats, or violence, the minimum is 25 years regardless of additional factors

Aggravated Sexual Assault of a Child Under 6

• Minimum sentence of 25 years to life
• No parole eligibility until the 25th year

Defense Strategies for Aggravated Sexual Assault

Challenging the Aggravating Element

The difference between sexual assault (2–20 years, possible probation) and aggravated sexual assault (5 to life, no probation) often depends on a single aggravating factor. Doug evaluates whether the evidence actually supports that element. Is the victim’s age established beyond reasonable doubt? Does the evidence support “serious bodily injury” as legally defined? Was a weapon actually used during the commission of the offense, or was it merely present? These distinctions can determine whether the charge should be aggravated or not.

Challenging Child Witness Testimony

When the aggravating factor is the victim’s age, the case typically involves a child witness. Doug retains experts in forensic interviewing, child psychology, and memory science to evaluate the reliability of the child’s statements. Were forensic interviews conducted using proper, non-leading protocols? Has the child’s account remained consistent? Were there influences from adults involved in custody disputes or other conflicts?

Forensic Evidence Challenges

Doug’s credentials allow him to challenge SANE exam results, DNA analysis, and other forensic evidence at a scientific level. In aggravated sexual assault cases, the forensic evidence is often presented as the prosecution’s strongest proof — and exposing its limitations can fundamentally change the trajectory of the case.

Charge Reduction Strategy

When the evidence does not support the aggravating element, Doug fights for reduction from aggravated sexual assault to sexual assault which is a difference that can mean decades of additional imprisonment, the availability of probation, and the difference between lifetime and 10-year sex offender registration.

Protect Your Future — Contact Deandra Grant Law Today

If you or someone you love is facing sex crime charges in Texas, contact Deandra Grant Law for a free, confidential consultation. Attorney Douglas Huff is our Partner and Criminal Division Chief — a senior trial attorney who has defended clients against sexual assault allegations, violent felonies, and other serious criminal charges throughout his career. Our team, forensic science credentials, and nearly 30 years of criminal defense experience mean you get a level of defense that most firms cannot provide.

Call (214) 225-7117 or schedule an appointment online at texasdwisite.com.