Denton Sexual Assault Attorney

Are You Looking for the Best Denton Sexual Assault Attorney?

If you’re looking for the best Denton Sexual Assault attorney, then Paul Saputo and Nick Toufexis want to represent you. We have received recognition from numerous organizations for our criminal defense work in Texas. But most significantly, our clients applaud us for consistently delivering exceptional results in challenging cases.

The Saputo Toufexis | Criminal Defense attorneys thrive on serving individuals who are dedicated to achieving the best outcomes. Our clients recognize the value of our legal expertise and want to hire the top attorneys in the field.

We’re not just Denton 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. Our representation is not limited to the courtroom. As Denton Sexual Assault attorneys, we manage every facet of our clients’ cases.

Any Denton Sexual Assault puts both your freedom and your reputation at risk. For this reason, the Saputo Toufexis | Criminal Defense Sexual Assault lawyers aim to not only win your case, but also to keep your reputation free of unfounded accusations.

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Contact a Denton
Sexual Assault Lawyer

When you are ready to fight your case with us, schedule online or call us at 888-239-9305 to book a free, confidential consultation.

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Choosing The Right Denton 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 Denton, Texas?

In order to get a Sexual Assault charge dropped in Denton, 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.^[1] 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 Denton.

One such case is Miles v. State.

Miles v. State

In Miles v. State, the Court of Appeals of Texas Sixth District Texarkana affirmed the conviction of Cameron Miles on three counts of Sexual Assault of a Child in Denton County. The jury had sentenced Miles to consecutive prison terms for each offense, along with imposing substantial fines. On appeal, Miles challenged the trial court’s decision to deny his motion to suppress statements made to detectives on the grounds he was not in custody and thus not entitled to Miranda warnings, and the admissibility of a nude photograph of himself during the punishment phase, arguing it was irrelevant to his sentencing.

The appellate court held that Miles was not in custody during his interview with law enforcement officers, as he voluntarily engaged in the discussion within his apartment and was free to terminate the interview at any time. This decision underscored the importance of the setting and voluntary nature of the interaction in determining custody status for Miranda purposes. Additionally, the court found that the trial court did not err in admitting the nude photograph into evidence during the punishment phase, ruling it relevant to Miles’ propensity to act in a manner consistent with the offenses for which he was convicted.

The decision affirms the discretion of trial courts in determining the admissibility of evidence during sentencing and clarifies the standards for determining custody in the context of voluntary interviews by law enforcement. The court’s analysis provides guidance on the applicability of Miranda warnings outside of traditional custodial settings and reinforces the broad scope of evidence that can be considered in sentencing for sexual offenses.

What does a Sexual Assault charge really mean?

The general definition of the Texas charge of Sexual Assault, according to the Texas Penal Code, is as follows:

(a) A person commits an offense if:

(1) the person intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;

(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or

(C) causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of a child by any means;

(B) causes the penetration of the mouth of a child by the sexual organ of the actor;

(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

Subsection (a)(1) of the Sexual Assault law deals with sexual assault of adults, and the primary issue in these cases is “consent.” Xubsection (a)(2), deals with Child Sex Assault.

Learn more about the law on consent.

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 Denton 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 Denton. Law enforcement agencies in Denton that most typically make Sexual Assault arrests include:

• Denton County Sheriff’s Office – The sheriff’s office is responsible for making Sexual Assault arrests in unincorporated areas of Denton County and operates the Denton County Jail.
• Denton Police Department – Serving the city of Denton, the police department makes Sexual Assault arrests within the city limits.
• Lewisville Police Department – Serving the city of Lewisville, this municipal police department is responsible for law enforcement, including for Sexual Assault cases, within the city limits.
• Flower Mound Police Department – This municipal police department serves the town of Flower Mound by providing law enforcement within the town.
• Highland Village Police Department – Serving the city of Highland Village, this municipal police department is responsible for law enforcement within the city limits.
• target=”_blank”The Colony Police Department – The Colony’s police department handles Sexual Assault cases within the city limits.
• Argyle Police Department – Serving the town of Argyle, this municipal police department enforces the Sexual Assault law within the town.
• Lake Dallas Police Department – This municipal police department provides law enforcement services to the city of Lake Dallas within the city limits.
• Little Elm Police Department – This municipal police department serves the town of Little Elm for law enforcement related to Sexual Assault cases within the town.
• Roanoke Police Department – The Roanoke Police Department investigates Sexual Assault cases within the city limits.

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

To beat a Sexual Assault charge in Denton, Texas, you must first secure the services of a skilled and experienced Sexual Assaultdefense attorney who can build a strong defense strategy tailored to the details of your case. It is crucial to independently investigate the evidence, challenge any weaknesses or inconsistencies, and present a compelling case in court. You must contest all evidence, including digitial forensics, traditional scientific evidence, and expert conclusions.

Even if you believe you cannot beat the case, as your Denton 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.

Denton 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.

Denton Sexual Assault Attorney Case Defense Strategy

Effective defense strategy in Sexual Assault cases hinge on a strategic blend of modern science, traditional investigative techniques, and utilization of digital and forensic technologies. While some cases pivot on scientific evidence, others heavily rely on live witness testimony. This testimony may stem from a seemingly sympathetic yet deceitful alleged victim, or it may revolve around intricate social dynamics concerning the age of consent. Regardless, the synthesis of digital forensic evidence, scientific analysis, and the nuances of human relationships forms the cornerstone of an effective defense strategy. Over the years, our commitment to pushing the boundaries of defense tactics has led us to refine specialized investigative methodologies tailored to these types of allegations.

Getting the best result in a Denton Sexual Assault case also requires being prepared for all hearings and court settings – not just trials. When you hire us as your Denton 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 Denton, Texas?

Attorney’s fees will vary. However, you can expect to pay from $15,000 to $40,000 on average for Sexual Assault cases in Denton. Some Denton Sexual Assault lawyers may charge much more depending on the complexity of the Denton case. But be wary of lawyers who charge surprisingly low fees.

When consulting with a lawyer, remember to ask whether any any hourly fees apply. Additionally, most lawyers charge extra fees for trial, travel and expenses.

What You Should Do if You Are Falsely Accused of Sexual Assault in Denton

Even when falsely accused of Sexual Assault, it’s crucial to treat the charge with the utmost seriousness. You might hope the state would dismiss the charges due to your innocence. But without skilled legal representation, the case may proceed to trial, where a jury will ultimately make the decision.

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 Denton District Attorney has charged you with Sexual Assault, or if you are under investigation for the offense by the police, then you should book an appointment or call us as soon as possible to speak with one of our Denton Sexual Assault attorneys.

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

Start by consulting with your Denton Sexual Assault attorney. Work closely with your attorney to build a compelling case for the requested modifications.

Your attorney will file either a motion or a writ of habeas corpus requesting a modification of your bond conditions. The motion or writ outlines the specific changes you are seeking and the reasons for the requested modification.

The judge will ultimately decide whether to approve the requested modifications. They will consider factors such as the nature of the charges, your criminal history, the risk to public safety, and other relevant circumstances. Keep in mind that the judge will base the decision on a careful evaluation of the facts and circumstances of your case.

What happens at a Denton arraignment?

At your arraignment, a Denton judge will hear your plea of not guilty. In Denton, 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 Denton 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 Denton 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 Denton, 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 Denton 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 Denton, if you are able to obtain a probation sentence, then your Denton 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.

Collateral Consequences like Divorce & Child Custody

A conviction for any felony, but especially one for Sexual Assault, will very likely affect the outcome of a divorce or child custody case. In these situations, the one convicted may be awarded less money in the divorce if it is determined he or she was the reason for the divorce and given less to no time with his or her children of the marriage.

Collateral Consequences for All Felony Convictions

If you are convicted of a felony, you will be labeled as a convicted felon for the remainder of your natural life. You will lose certain civil rights, such as the right to vote (see Texas Election Code §11.002(4)} and the rights to possess ammunition or firearms. This federal prohibition is enacted at 18 U.S.C. §922(g), and the state prohibition is enacted at Texas Penal Code §46.04

The felony conviction also makes it difficult to gain and maintain employment and may result in an individual’s loss of ability to be licensed in certain professions. Convicted felons also lose their ability to join and served in the country’s armed forces.

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 is the difference between sexual assault and rape?

Sexual Assault is the Texas law that is closest to the meaning of “rape.” In Texas, there is no law defining the word “rape” or an offense called rape. Under Texas law, if you are accused of rape, you would most likely be charged with Sexual Assault or Aggravated Sexual Assault. The Sexual Assault offense does not require intercourse or penetration, but instead can include only sexual contact.

Are you under investigation for Sexual Assault?

You need to contact an attorney immediately if you are charged with Sexual Assault in Denton. 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.

An arrest for Sexual Assault can drastically change your life, even if a court ultimately dismisses your case. Do not hesitate to contact us immediately if you are under investigation.

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 Rockwall police and the community will likely judge the way you act and what you say negatively. As your Denton Sexual Assault attorney, we can assist you in these difficult circumstances.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Denton 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 Denton 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:

All I have to say is thank you . Nick Toufexis thank you. They have only done great things for me. Amazing law firm. Thank you.

– Real client review posted on the Saputo Toufexis | Criminal Defense PLLC Google Profile.

See more client reviews and testimonials here.

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Legal References:

^1. Texas Penal Code §22.011.