Are You Looking for the Best Dallas, Texas, Sexual Assault Attorney?
If you’re looking for the best Dallas Sexual Assault attorney, then we want to represent you. Numerous organizations have recognized us for our Texas criminal defense work. And more importantly, our own clients praise us for providing exceptional outcomes in difficult cases when lives are on the line. The Saputo Toufexis | Criminal Defense team only represents clients who want to hire the top attorneys in the field. We have dedicated our practice to criminal law, and we maintain an unwavering dedication to delivering expert representation.
In addition to our notable high-profile victories, our history of success also includes representation of numerous high-profile clients. Indeed, many of our biggest wins involved disposing of these cases quietly and out of the sight of the public. When you hire us as your Dallas Sexual Assault attorney, we fight to win. From the courtrooms of Dallas to the battleground of social media, we fight to clear your name and your record.
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Sexual Assault Lawyer
We’re not just criminal defense lawyers. We are warriors fighting unjust and corrupt government prosecutions with a history of success and a reputation for
tenacity, courage and legal ingenuity.
When Texas prosecutes you for the crime of Sexual Assault, both your freedom and your reputation are at risk. Even the arrest itself causes immense damage. Conisder the damage to your reputation, liability for a civil suit and the emotional pain and anger that comes with the accusation. The bond conditions can wreak havoc at home. That is why we continue representation outside of the courtroom.
Accordingly, the lawyers at Saputo Toufexis | Criminal Defense aim to not only win your case, but also keep your name out of the public eye. As a result of pushing the defense envelope for years, we have developed some of the best specialized tools for investigating sex crimes accusations and defending our clients in and out of courtrooms throughout Texas. We handle every aspect of your Sexual Assault representation, from defending you in the media, at your job, in court at pre-trial hearings and all the way through trial.
- How do I get a Sexual Assault charge dropped in Dallas, Texas?
- How hard is it to beat a Sexual Assault charge in Texas?
- How much does a lawyer charge for a Sexual Assault case in Dallas, Texas?
- What happens at a Dallas arraignment?
- How can you modify your Dallas bond conditions after a Sexual Assault arrest?
- What is the most common sentence for a Sexual Assault charge in Dallas?
- Other Must Know FAQs About These Cases
Why would you hire a former prosecutor? Surprisingly, some people believe that former prosecutors provide some special advantage. However, many of these attorneys seem to quickly push clients to a plea deal. If you really want someone who will fight for you or your loved one, get an attorney who has dedicated their life to protecting the accused.
At Saputo Toufexis | Criminal Defense, we are defense lawyers, first and foremost. We stake our reputation on bringing the fight to the state. We have never worked for the government and never will. Learn more about our team, awards, and some of our victories.
Do you need a Dallas Sexual Assault attorney? Book a consultation with attorneys Paul Saputo and Nicholas Toufexis today.
In order to get a Sexual Assault charge dropped in Texas, you must convince the state that they cannot prove at least one of the elements of the offense as it is defined in Penal Code §22.011. Alternatively, you could show that the offense did not occur in Dallas. Our lawyers are experts in the Texas law regarding Sexual Assault, and we leverage our legal knowledge to mount successful defenses to government prosecutions.
Thoroughly understanding both statutory law and case law contributes to effectively defending you in court. Consequently, as part of our practice, we publish a statutory resource guide on the Sexual Assault law in Texas. We also maintain our expertise by keeping up with the latest case law affecting Sexual Assault cases in Dallas.
The State of Texas v. Miguel Jose Rivera
For example, in one Dallas Sexual Assault case, the Fifth District Court of Appeals reviewed the records from the 292nd Judicial District Court Dallas County. Subsequently, the appellate court filed an opinion on January 25, 2022, in the case styled The State of Texas v. Miguel Jose Rivera in Cause No. 05-20-00301-CR.
The appellate court reported the background of the case as follows:
Appellant was charged with sexual assault of a child … The indictment alleged that on or about June 1, 2018, he intentionally and knowingly caused the penetration of the female sexual organ of the complainant, a child younger than 17 years of age, by means of the defendant’s sexual organ.
In his second issue, appellant asserted that sexual assault of a child is a nature of conduct offense, and that the trial court erred in failing to limit the culpable mental states of “intentionally” and “knowingly” to the nature of appellant’s conduct.
Every Dallas Sexual Assault attorney should be familiar with this case and other appellate opinions coming out of Dallas that review Sexual Assault cases. You can learn more about this case and read the court’s opinion by Justice Myers here.
To beat a Sexual Assault charge in Dallas, Texas, you must you must utilize due process to confront all witnesses and challenge all evidence. This means disputing reasonable suspicion, probable cause, and all forensic evidence. You can’t win if you don’t fight.
Even if you believe you cannot beat the case, as your Dallas Sexual Assault attorney, we will look for every avenue to help you. If you want to plead guilty, we must still fight to protect your rights. We want to ensure that the case does not ruin your life. Sometimes the defense strategy requires us to get the best possible result short of a not guilty verdict.
The best defense strategy in Sexual Assault cases demands a mix of cutting-edge science, traditional investigative resources and the mastery of digital and forensic technology. Some cases come down to science, but often cases come down to key witness testimony. Sometimes that witness is a sympathetic (but lying) victim. In Child Sex Assault cases the issue may come down to one of the many complex social relationships regarding age of consent. But in any case, digital forensic evidence, science and the complex nature of human relationships all play an important role in crafting your defense. As a result of pushing the defense envelope through the years, we have developed specialized methods for investigating these accusations.
Getting the best result in a Sexual Assault case also requires being prepared for all hearings and court settings – not just trials. When you hire us as your Dallas Sexual Assault attorney, we prepare early and thoroughly. As soon as we get on a case, the state knows that we are getting ready for trial and that we are going for an outright acquittal.
But the preparation often starts even before the case begins. From the moment that the police initiate an investigation or make an arrest, we have work to do. If you want to win your case, then we must do our own investigation. The state has police and investigators of their own working for them to gather evidence to support their case. We can’t afford to let their evidence stand uncontroverted. As a client, you will benefit from the investigative resources of the entire law firm. We have a team of dedicated professionals, including paralegals, investigators, and forensic experts. Our attorneys utilize our team’s extensive investigative experience to perform the ground work that makes our cases strong.
Attorney’s fees for a Sexual Assault charge typically range from $15,000 to $40,000 in Dallas, Texas. You can expect to pay higher attorney fees for more complex cases. Some Dallas Sexual Assault lawyers may charge much more. But exercise caution when encountering attorneys who offer unexpectedly low fees.
In addition, many lawyers charge extra fees for trial. If you hire an attorney from outside Dallas, sometimes travel fees may apply.
Even if someone has falsely accused you of Sexual Assault, you should nevertheless still always take this charge very seriously. You may think that the state may “drop charges” against you because you are innocent. But absent effective advocacy by a lawyer, the state will often take the case to trial and let the jury decide.
If the state has charged you with Sexual Assault, or if you are under investigation for the offense, then you should book an appointment or call us as soon as possible to speak with one of our Dallas Sexual Assault attorneys.
Texas judges have broad power to set bail and bond conditions. However, sometimes judges impose overly harsh bond conditions and astronomically high bail. To modify the conditions of bond or lower bail, you will need to file a motion in court and schedule a hearing. The judge will ultimately make the final decision. To get the best result, you should hire an attorney to help.
Practically speaking, if the police in Dallas have arrested you for Sexual Assault, then the judge will typically impose a “no contact with the victim” bond condition. For Child Sexual Assault charges, judges will also impose a “no contact with minors” condition for these cases as well. Clients often hire us to try to get these conditions modified. If you want to modify a no contact condition, then please book a consultation with us, and we will discuss what we can do for you.
At your arraignment, a Dallas judge will hear your plea of not guilty. In Dallas, you may not have an attorney at your initial arraignment. However, the court will not hear a guilty plea prior to your being represented by counsel. In addition, the court may also set bail and bond conditions if you have not already received them.
If the police have arrested you for Sexual Assault, then Texas Code of Criminal Procedure §17.40 requires Dallas judges to “impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community” to secure your attendance at trial. If the state alleges that you violated those bond conditions, then the Dallas Sheriff’s Office can immediately return you to custody. Accordingly, judges have very broad power in determining bail conditions and bond amounts.
The law classifies Sexual Assault as a state jail felony, second degree felony or first degree felony, depending on the circumstances. Whatever the classification, the actual punishment you might receive will vary significantly based on a number of circumstances. For instance, your prior criminal history, the circumstances of the offense, and the norms of the Dallas community all play a role.
Probation & Community Supervision
Many types of Sexual Assault are not eligible for probation, but juries may be able to give you probation, depending on the circumstances, if you request a jury to administer punishment. Also, depending on the circumstances, judges may be able to grant you deferred adjudication probation.
In Dallas, if you are able to obtain a probation sentence, then your Dallas Sexual Assault attorney will often negotiate agreed-upon conditions in advance of your plea or sentencing. This situation is ideal because your attorney can negotiate the conditions that will be imposed upon you. In a case where the judge or jury places you on probation without an agreement in place, the court will impose conditions without your attorney’s input.
No matter what specific conditions you have, probation is expensive. Probationers must pay a supervision fee every month, which varies depending on the county. The probationer will also be required to pay a fine, court costs, and attorney’s fees. In addition, there are often costs associated with doing community service and taking the required classes. Typically, there will be a stay away order issued against you. A stay-away order is an instruction from a judge to a defendant telling him or her not to go near or have any contact with an alleged victim.
Another common condition of probation are classes and treatment. For example, in a Sexual Assault case, you would most likely be required to enter sex offender treatment.
Sex Offender Registration
A Sexual Assault conviction or deferred adjudication plea will also require mandatory sex offender registration upon conviction for a period of time. With this in mind, you can learn more about the penalties that apply to all Texas convictions for Sexual Assault here. Otherwise, to learn more about what kind of punishment is typical in Dallas Sexual Assault cases, call us to schedule a consultation or book online by pressing the red button.
Additionally, because Sexual Assault convictions bar you from many record clearing opportunities and reduce your civil liberties. And proceed with caution because even deferred adjudication plea deals (where a judge never finds you guilty and ultimately dismisses the case) have the same impact as convictions. Even after the case is dismissed, you will still have to register as a sex offender. Courts also will not issue orders of nondisclosure. If you have any questions about what a plea means for your permanent record, schedule a consultation with us to discuss your case.
Even the arrest itself can be extremely damaging, potentially destroying your reputation, causing havoc at home and even leading to a job loss. That is why we continue sex assault legal representation outside of the courtroom. Of course, you must also consider the damage to your reputation, liability for a civil suit and experiencing the emotional pain and anger that comes with being accused.
What will the police do if it is reported?
If someone reports an allegation of Sexual Assault, the police will open an investigation and collect evidence. The police will refer the complaining witness to a sexual assault nurse examiner to attempt to collect physical biological evidence from the complaining witness’s body. This can include evidence of tearing or biological residue, including semen.
Sometimes the police will collect other physical evidence if the incident occurred recently enough for it to be useful. For instance, if the activity allegedly occurred in a bed, the police might collect bedsheets to inspect for bodily fluids. Police usually take photos of the scene where the incident took place.
Often, eventually the police will reach out to the accused person and ask for a statement. This is frequently the time that my clients first become aware that they’re being accused. By that point, the police have usually already collected or attempted to collect a lot of evidence. They will be confident that they know what happened. Sometimes the police might think the case doesn’t merit further investigation and just want to hear you deny it. Other times, they have already decided to arrest you regardless of what you say in an interview.
How are Child Sexual Assault investigations handled differently than cases involving adult victims?
The police handle cases involving adult victims much differently than cases involving child victims. Often, police do not investigate Child Sexual Assault cases as much because the typical Child Sexual Assault case does not have much physical evidence. In Child Sexual Assault cases, the police usually refer the child to a facility that will conduct a recorded interview. The police will then generally interview the parents or caregivers. Or, if the accused person is the parent or caregiver, the police will interview another adult who might have information.
If it’s a Sexual Assault case involving an adult victim, the police will interview the complaining witness and any other witnesses. The police will also try to obtain any surveillance footage that might have captured the incident. If the case involved the alleged use of alcohol or other drugs, the police might take a blood sample from the complaining witness. And if the accused person had a pre-existing relationship with the accuser, the police will investigate the relationship. This might incldue obtaining phone records between the two people or witnesses that could speak to the nature of their relationship.
If I was charged with Sexual Assault in Dallas, should I contact a lawyer?
You need to contact an attorney immediately if you are charged with Sexual Assault in Dallas. There is a tremendous amount of evidence that could be lost if you do not take affirmative legal steps to save it. This can sometimes be the difference between spending the rest of your life in prison as an innocent person convicted of Sexual Assault and being a falsely accused person who had a unfortunate brush with the law.
We have assisted our clients through many difficult police interrogations. Although we do not typically recommend consenting to a police interrogation or interview, there are circumstances when we consider it. However, you should never do a police interview without your Dallas Sexual Assault lawyer present.
When police bring you in for an interview, they already believe that you committed the offense. Accordingly, this belief will inform their interpretation of your answers. Generally, when people believe something, they will only see things that confirm their belief. This is called confirmation bias, and this is what leads to police charging innocent people with crimes.
An arrest for Sexual Assault can drastically change your life, even if a court dismisses your case. Do not hesitate to contact us immediately if you are under investigation.
In addition, remember that people do not usually communicate perfectly clearly under intense pressure. The extreme stress of a police interview can cause you to say something that police then misinterpret. And even the way you look during the interview significantly impacts the police decision to arrest you. For all of these reasons, we carefully consider the decision to interview because it will have a huge impact on the ultimate outcome your case.
In some cases, we have communicated directly with law enforcement authorities on behalf of our clients instead of consenting to a direct interrogation. As your Dallas Sexual Assault attorney, we can assist you in these difficult circumstances.
If you want to hire us as your Dallas Sexual Assault lawyers, then you should probably get to know us!
Paul Saputo and Nicholas Toufexis are partners at Saputo Toufexis | Criminal Defense PLLC and lead the entire trial team at the firm.
Mr. Saputo has practiced throughout Texas in more than fifty Texas state and federal courts and developed groundbreaking innovations in defense strategies and tactics.
As a member of the prestigious Texas Bar College, he presently trains other lawyers in best practices and himself attends many hours of continuous legal education with some of the best lawyers, judges, and law professors in the country.
Mr. Saputo graduated from the elite Duke University School of Law, a nationally recognized top-ten law school. More about Paul Saputo…
Mr. Toufexis is a veteran of the United States Navy and a graduate of the law school as Southern Methodist University. He has dedicated his entire legal career to criminal defense, and has been with the firm since law school. Recently named a partner, Nick has achieved exceptional results in and out of court for years. More about Nick…
Numerous organizations have awarded Mr. Saputo recognition for his outstanding criminal defense work, for example:
- Martindale-Hubbell® AV Preeminent™ Rating
- “10.0 – Top Attorney” rating on AVVO
- Recognized by Super Lawyers®
- Consistently recognized by D Magazine in “Best Lawyers” for Criminal Defense
- Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: White Collar practice area.
Paul Saputo was voted one of the Three Best Rated Criminal Defense Lawyers in Dallas
Nicholas Toufexis has likewise received many distinctions as well.
- Recognized by Super Lawyers®
- Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: DWI/DUI practice area.
The defense attorneys at Saputo Toufexis | Criminal Defense PLLC have obtained hundreds of victories in complex criminal litigation across Texas. Our victories include Not Guilty verdicts by jury acquittals, directed verdicts of Not Guilty, as well as both conditional and unconditional dismissals.
For descriptions and some details about example victories, visit our page on Notable Victories.
One example review from a real client:
Hands down the best lawyer in Dallas!!! Not only does he get the best possible scenario, he is an all around great person!! He has helped me in multiple situations.
– Real client review posted on the Saputo Toufexis | Criminal Defense PLLC Google Profile.
See more client reviews and testimonials here.