Dallas Sexual Assault Attorney

Are You Looking for the Best Dallas Sexual Assault Attorney?

If you’re looking for the best Dallas Sexual Assault attorney, then Paul Saputo and Nick Toufexis 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.

All of the Saputo Toufexis | Criminal Defense attorneys have dedicated their careers to defending clients in criminal courts. We maintain an unwavering dedication to delivering expert representation, and we represent clients who expect this highest level of legal representation.

We’re not just Dallas Sexual Assault lawyers. We are warriors fighting unjust and corrupt government prosecutions with a history of success and a reputation for tenacity, courage and legal ingenuity.

In addition to our notable high-profile victories, our history of success also includes inconspicuous 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.

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.

Choosing The Right Dallas Sexual Assault Lawyer Can Make A Huge Difference In Your Case Result

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.

How do I get a Sexual Assault charge dropped in Dallas, Texas?

In order to get a Sexual Assault charge dropped in Dallas, 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. 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 the Sexual Assault statute and related case law contributes to effectively defending you in court. As part of our practice, we publish and regularly update a statutory resource guide covering all Texas Penal Code crimes. We analyze the Sexual Assault statute in detail on the Sexual Assault offense page. 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.

One such case is Lopez v. State.

Lopez v. State

In Lopez v. State, the Court of Appeals of Texas Fifth District Dallas on March 18, 2024, addressed the appeal of Westley RB Lopez following his conviction for Sexual Assault of a Child younger than six years of age in Dallas County. Lopez was sentenced to twenty-five years’ imprisonment after a jury verdict. His appeal contested the propriety of two statements made by the prosecution during the trial’s guilt phase. However, the appellate court concluded that Lopez did not preserve his objection to the first statement for review and determined that the second statement was a permissible response to the defense’s closing argument. The appellate court also addressed and upheld a cross-point raised by the State, which sought the modification of the trial court’s judgment to correct clerical errors and include required information.

The background of the case involves a 2019 incident where nine-year-old S.G. disclosed to her mother that Lopez, her mother’s former boyfriend, had sexually assaulted her several years prior. This disclosure led to an investigation, during which S.G. underwent a forensic interview and received therapy. Expert testimony during the trial supported the credibility of S.G.’s account, describing the sensory details and psychological impact consistent with her experience of sexual assault. Despite Lopez’s denial of the allegations, the jury found him guilty.

The appellate court’s decision to modify the judgment included accurately reflecting the complete statutory citation for Lopez’s offense, his plea of not guilty, and his obligation to register as a sex offender, alongside the age of the victim at the time of the offense. Moreover, the court included a special finding that the victim was younger than fourteen years of age at the time of the offense. This case highlights the importance of procedural correctness in preserving objections for appellate review and underscores the appellate court’s role in ensuring the accuracy of trial court judgments.

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 Sex Assault cases as much because the typical Sexual Assault of a Child case does not have much physical evidence. In Child Sex 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 Sex 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.

Law Enforcement Agencies in Dallas that Make Sexual Assault Arrests

Peace officers with the Texas Department of Public Safety, constable offices, and municipal police departments can make arrests for violations of Sexual Assault in Dallas. Law enforcement agencies in Dallas that most typically make Sexual Assault arrests include:

• The Dallas County Sheriff’s Department handles Sexual Assault cases throughout Dallas County.
• Dallas Police Department serves as the primary municipal police department within Dallas County and plays a significant role in Sexual Assault enforcement.
• Irving Police Department also contributes to investigating Sexual Assault cases within its jurisdiction in Dallas County.
• Mesquite Police Department serves the community of Mesquite within Dallas County and may handle Sexual Assault cases within its jurisdiction.
• Grand Prairie Police Department is responsible for law enforcement within Grand Prairie and contributes to investigating Sexual Assault cases within its jurisdiction.

How do Dallas Sexual Assault defense lawyers beat a Sexual Assault case?

To beat a Sexual Assault charge in Dallas, Texas, you must understand both traditional forensic science and digitial forensic. You must challenge and confront the witnesses on cross-examination. Remember, victory hinges on your determination to fight relentlessly.

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.

Dallas Sexual Assault cases are handled by special prosecutors within a district attorney’s office. You will likely be facing some of the very best prosecuting attorneys and investigators. That is not to say you cannot win, but the importance of building the very best defense that you are able to build, even if you are completely innocent (in fact, especially if you are completely innocent!) is, extremely important.

Dallas Sexual Assault Attorney Case Defense Strategy

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 any case, digital forensic evidence, science and the complex nature of human relationships all play an important role in crafting your defense. In pushing the defense envelope through the years, we have developed specialized methods for investigating these accusations.

Getting the best result in a Dallas 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.

How much does a lawyer charge for a Sexual Assault case in Dallas, Texas?

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.

What to Do if Falsely Accused of Sexual Assault in Dallas

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.

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 extend legal representation for Sexual Assault cases beyond 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.

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.

How can you modify your Dallas bond conditions after a Sexual Assault arrest?

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.

What happens at a Dallas arraignment?

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.

What is the most common sentence for a Sexual Assault charge in Dallas, Texas?

The Texas Penal code outlines the range of punishment for Sexual Assault convictions across the state. The Penal Code classifies the punishment for Sexual Assault as second degree felony or a first degree felony, depending on the circumstances.

However, the punishment you actually receive will vary significantly based on a number of circumstances. For Sexual Assault cases, some of the factors that play into the potential punishent include your prior criminal history, the circumstances of the offense, the age of the alleged victim, and whether the case involved violence.

With this in mind, you can learn more about the range of punishment applicable 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.

Probation & Community Supervision

Many types of Sexual Assault convictions 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.

Typically, there will also 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 & Clearing your Record

A Sexual Assault conviction or deferred adjudication plea will also require mandatory sex offender registration upon conviction for a period of time.

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.

Should you cooperate with the police investigation? Do you need a lawyer if you’re facing a Sex Assault charge?

We have assisted our clients through many difficult police interrogations. Although we do not typically recommend consenting to a police interrogation or interview, we do consider it in some circumstances. However, you should never do a police interview without your 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.

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 Sex Assault attorney, we can assist you in these difficult circumstances.

What will the police do if a Sex Assault 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. Many of our clients learn about the accusation at this point in the process. 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. And other times they have already decided to arrest you regardless of what you say in an interview.

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. Many of our clients learn about the accusation at this point in the process. 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 Sexual Assault of a Child 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 , should I contact a lawyer?

You need to contact an attorney immediately if you are charged with Sexual Assault in . Important pieces of evidence sometimes vanish if you do not take affirmative legal steps. This evidence might make 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.

Are you under investigation for Sexual Assault? Should you cooperate with the police investigation?

We have assisted our clients through many difficult police interrogations. Although we do not always recommend consenting to an interrogation, occasionally we recognize circumstances where consenting to an interrogation may serve your best interest. However, you should never do a police interview without your Dallas Sexual Assault lawyer present.

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 some cases we have communicated directly with law enforcement authorities on behalf of our clients instead of consenting to a direct interrogation. In general, we recommend avoiding police interrogations because of the extreme level of stress that you will likely experience. Even if you are innocent, the Dallas police and the community will likely judge the way you act and what you say negatively. We must carefully consider this because this negative perception will almost certainly impact your final case disposition. As your Dallas Sexual Assault attorney, we can assist you in these difficult circumstances.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Dallas Sexual Assault lawyers, then you should probably get to know us!

The Saputo Toufexis | Criminal Defense Lawyers

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. After graduating from the elite Duke University School of Law, a nationally recognized top-ten law school, Mr. Saputo started his career at Vinson & Elkins. More about Paul Saputo…

Mr. Toufexis is a veteran of the United States Navy and a graduate of SMU Dedman School of Law. 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…

Awards

Numerous organizations have awarded Mr. Saputo recognition for his outstanding criminal defense work, for example:

• Martindale-Hubbell® AV Preeminent™ Rating
• 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

More Awards & Recognition…

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.

Victories

The Dallas Sexual Assault 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.

Reviews

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.