Dallas Sexual Assault Defense Lawyer

If you have been charged with sexual assault in Texas, you face serious legal consequences and damage to your reputation. An accusation of sexual assault can affect every area of your life. That’s why it’s so important to contact an experienced Dallas sexual assault defense lawyer at Broden & Mickelsen, LLP. Call us today for a free consultation about your case.

How an Experienced Texas Sex Crimes Lawyer Can Help

A sexual assault lawyer can help you face these serious charges by:

Explaining the criminal charges against you
Assessing the viability of possible defenses
Filing motions to dismiss the case or suppress evidence
Challenging the prosecution’s theory of the case
Advocating for a reduced sentence instead of conviction
Analyzing DNA evidence
Strategically selecting a jury
Admitting evidence in court that challenges the accuser’s case
Cross-examining witnesses
Appealing your case if necessary
Seeking post-conviction relief

Broden & Mickelsen, LLP has over 60 years of combined criminal defense experience. Our partners, Clint Broden, and Mick Mickelsen, have both been certified by the Texas Board of Legal Specialization as specialists in criminal and appellate law. When you have our team on your side, you’ll have access to the same determination and skill that has successfully worked for hundreds of our clients before you.

How Is Sexual Assault Defined in Texas?

Texas law defines sexual assault as intentionally or knowingly committing any of the following acts:

Penetrating another person’s anus or sexual organ without the other person’s consent
Penetrating another person’s mouth with the actor’s sexual organ without the consent of the alleged victim
Causing a person’s sexual organ to penetrate the sexual organ, mouth, or anus of the actor or another person without that person’s consent
Penetrating a child’s mouth, anus, or sexual organ in any way
Penetrating a child’s mouth with the actor’s sexual organ
Causing any contact between a child’s sexual organ, mouth, or anus and those of another person
Causing a child’s anus to contact the mouth, anus, or sexual organ of anyone else
Causing a child’s mouth to contact the anus or sexual organ of anyone else

Under the Texas Penal Code, the sexual act is considered without the other person’s consent when the defendant commits the sexual act by:

Using physical force, violence, or coercion
Threatening to use physical force or violence against the other person or someone else or threatening to harm them
Knowing the other person is unconscious, disabled, or physically unable to resist
Knowing the other person is unaware the sexual offense is occurring
Intentionally impaired the other person without their knowledge
Being a public servant who coerces the other person to submit or participate
Being a mental health services provider or a health care services provider who gets the other person to submit or participate by exploiting their emotional dependency on them
Being a clergyperson or spiritual adviser who gets the other person to submit or participate by exploiting their emotional dependency on them
Being an employee of a facility where the alleged victim is a resident
Being a health care services provider who uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of the material from the donor
Being a coach or tutor who causes the other person to submit or participate by using their power or influence to exploit the other person’s dependency on them
Being a caregiver hired to assist the other person with activities of daily living and causing them to submit or participate by exploiting their dependency on them

Texas defines aggravated sexual assault as committing sexual assault while also:

Causing serious bodily injury or attempting to kill the victim or another person
Placing the victim in imminent fear of death, kidnapping, or serious injury
Threatening to sexually assault, injure, kidnap, or kill anyone in the presence of the sexual assault victim
Using or exhibiting a deadly weapon
Acting in concert with another person who does any of the above
Giving the victim any substance that impairs their ability to understand what is happening or resist it

Texas also defines a sexual assault as aggravated if the victim is elderly, disabled, or under 14 years of age. Our lawyers also specializes in child molestation crimes.

Texas defines continuous sexual abuse as the commission of two or more acts of sexual abuse over a period of 30 days or longer by an adult who is 17 years old or older against a child under 14 or a disabled person.

Texas statutes define indecent exposure as an individual who intentionally exposes their genitals or anus with the purpose of sexually arousing or pleasing another person, without taking into account the presence of anyone else who may be offended or alarmed.be offended or alarmed.

“Mick represented my brother recently (2015-early 2016). I can’t thank him enough how he handled my brother’s case. Mick was very knowledgeable, experienced, professional, and responsive. Whenever I called or texted him for questions or concerns regarding my brother, he was very prompt to get back to me. If you need a criminal lawyer, he is THE ONE! Don’t waste your time & money on those lawyers who are only interested in your money without professionalism. My family and I have been grateful to him for his HELP!”
J

”Being accused of a crime that I didn’t chit was one of the worst things to ever happen to me. Once accused of something you literally have to prove yourself innocent. Without a good lawyer like Mr. Mickelsen I would probably be on some type of probation. Mr. Mickelsen got my charges dismissed. I feel so vindicated. I can’t describe how happy I am with the outcome. Thank you so very much!!!”
T.S.

“We have our life back! Our son was accused of a crime he did not commit. Through the dedication and hard work of Mr. Mickelsen, our son was found Not Guilty. Mr. Mickelsen will forever be in our hearts with tremendous gratitude. If you are accused of something, you will be best represented and served by Broden & Mickelsen, LLP.”
Brad Holt

“We hired Mick to help in a legal situation in our family. He knows the law and how to get things done! Mick was always prompt to answer any calls, emails, texts and had a way to explain the law and processes where we could understand it. Mick is meticulous and detailed as well as diligent. He is an advocate for the client and family! We were able to receive a favorable outcome! Highly recommend, if you need a great attorney!”
Former Client

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Penalties for Sexual Assault

Sexual assault is generally a second-degree felony in Texas. However, it is prosecuted as a first-degree felony if the accused person was prohibited from marrying, purporting to marry, or living with, or with whom the accused was prohibited from having sexual intercourse or deviant sexual intercourse with under the law. Aggravated sexual assault is a first-degree felony.

In Texas, a second-degree felony is punished with a prison sentence of between two and 20 years and a fine of up to $10,000. A first-degree felony is punished with prison time of five years to life and a fine of up to $10,000.

The minimum sentence for aggravated sexual assault in Texas is 25 years in prison if the victim is under six years old or if the victim is under 14 and the offense involves other aggravating factors.

A conviction for sexual offenses carries serious criminal penalties and substantial collateral consequences, including having to register as a sex offender with the Texas Sex Offender Registration Program and provide your name, address, and photo to local law enforcement. A sex crime conviction could require a lifetime sex offender registration.

If you are facing sex crime charges, it is in your best interest to work with an experienced lawyer who will fight tirelessly to protect your legal rights and freedom. The role of a sexual assault defense lawyer is to help you avoid suffering these serious consequences by getting the charges dismissed, obtaining a plea deal, achieving an acquittal, or arguing for reduced sentencing after a conviction for sex crimes.

Texas Rules of Evidence and Criminal Procedure

The rules of evidence determine what evidence can and cannot be used for criminal charges in Texas. Having a sex crimes lawyer who is knowledgeable about the rules of evidence and Texas criminal procedure is essential for your defense.

Texas’s Krystal Jean Baker Act allows authorities to collect DNA from any person charged with any of 24 felonies, including sexual assault. The prosecution can use this DNA evidence to obtain a conviction, but the defense can also use it to support an acquittal, depending on the results. If evidence was improperly collected or preserved, it can be declared inadmissible in court.

Nurses who conduct sexual assault examinations in Texas are certified through the Sexual Assault Nurse Examiner (SANE) protocols. This program establishes the minimum standards used for sexual assault examinations in Texas. A sex crimes attorney can use violations of these protocols to help suppress evidence against you.

Under Rule 412 of the Texas Rules of Evidence, the accuser’s past sexual conduct is not admissible as evidence in a sexual assault case in most circumstances. However, it is admissible if it is necessary to refute the prosecution’s medical evidence, to establish a history of consensual sex with the accused, or if it relates to the motives or possible bias of the accuser.

A Strategic Defense to Sexual Assault Charges

If you hire our law office, we will provide a thorough and strategic defense to your sexual assault charges, beginning with your initial consultation. Different strategies are likely to be effective in different sex crime cases, but some of our options might include:

Arguing that any sexual contact was consensual
Arguing that there is a mistake of fact in the evidence presented by the prosecution
Presenting your alibi
Arguing that the evidence is insufficient
Arguing that you are a victim of false accusations, such as if the accused is trying to win child custody against you

Contact Us Today for a Free and Confidential Consultation

The partners at Broden & Mickelsen, LLP are experienced in defending people like you from serious criminal charges, including sex trafficking, child abuse, statutory rape, sex abuse, and other sex crimes. We have the skills and knowledge needed to help you beat sexual assault charges and get back to your life. Contact Broden & Mickelsen, LLP today.

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