Johnson County Sexual Assault Attorney

Are You Looking for the Best Johnson County Sexual Assault Attorney?

If you’re looking for the best Johnson County 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.

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 Johnson County 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. As your Johnson County Sexual Assault attorney, we can handle every aspect of your case, both inside and outside the courtroom in Cleburne.

Any Johnson County 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 Johnson County
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 Johnson County 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 Johnson County, Texas?

In order to get a Sexual Assault charge dropped in Johnson County, 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 Johnson County.

One such case is Ex Parte Wells.

Ex Parte Wells

In Ex Parte Wells, delivered on May 16, 2018, the Court of Criminal Appeals of Texas reviewed Keith Delawrence Wells’s application for a writ of habeas corpus related to his conviction for Sexual Assault of a Child in the 18th District Court of Johnson County. In 1997, Wells, then 17 years old, was convicted and sentenced to four years’ imprisonment for engaging in a sexual act with a 14-year-old victim, making him two years and eleven months older than the victim. Wells had entered a guilty plea to one count under a plea agreement for five years of deferred-adjudication probation, which was later revoked leading to his imprisonment.

Wells contended that his guilty plea was involuntary due to the ineffective assistance of his trial counsel, arguing that, given the age difference between him and the victim was within three years, he had an affirmative defense to the prosecution under Texas Penal Code § 22.011(e), effective from September 1, 1994. The Court, noting the trial court’s recommendation—which had the State’s agreement—to grant habeas relief based on this claim, agreed that the plea was involuntary and granted relief, setting aside the judgment. This decision allows Wells to answer the charges as set out in the indictment anew.

The outcome highlights the critical importance of effective legal representation in ensuring that defendants are fully informed of all available defenses, including statutory provisions that could significantly impact the case’s outcome. It also underscores the habeas corpus proceeding’s role in rectifying convictions where such defenses were not adequately considered, particularly in cases with mandatory registration consequences. The Court’s decision sets a precedent for considering the age-related affirmative defense in sexual assault cases, emphasizing the statute’s relevance to plea negotiations and convictions.

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

• Johnson County Sheriff’s Office is one of the primary agencies responsible for Sexual Assault cases in Johnson County, Texas.
• Burleson Police Department serves as one of the municipal police departments within Johnson County and plays a significant role in handling Sexual Assault cases.
• Cleburne Police Department is another key agency in Johnson County responsible for law enforcement and Sexual Assault cases within its jurisdiction.
• Joshua Police Department serves the community of Joshua within Johnson County and may handle Sexual Assault cases within its jurisdiction.

How do Johnson County Sexual Assault defense lawyers beat a Sexual Assault case?

To beat a Sexual Assault charge in Johnson County, Texas, you will inevitably have to face both the complaining witness and the police officers who investigate the case. We will prepare a thorough and aggressive defense that takes into account all of the facts and circumstances, and we can use all of the resources that are available to the state–and even resources that the state never thought to use.

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

Johnson County Sexual Assault Attorney Case Defense Strategy

The best defense strategy in Sexual Assault cases demands a mix of cutting-edge science, traditional investigative methods, and a 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. Other cases come down to one of the many complex social relationships regarding age of consent. 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 Johnson County 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 Johnson County, Texas?

Attorney’s fees for a Sexual Assault charge typically range from $15,000 to $40,000 in Johnson County, Texas. You can expect to pay higher attorney fees for more complex cases. Some Johnson County 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 Johnson County, sometimes travel fees may apply.

What to Do if Falsely Accused of Sexual Assault in Johnson County

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 Johnson County Sexual Assault attorneys.

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

Start by consulting with your Johnson County 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 Johnson County arraignment?

At your arraignment, a Johnson County judge will hear your plea of not guilty. In Johnson County, 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 Johnson County 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 Johnson County 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 Johnson County, 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 Johnson County 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 Johnson County, if you are able to obtain a probation sentence, then your Johnson County 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 Grayson County, should I contact a lawyer?

You need to contact an attorney immediately if you are charged with Sexual Assault in Grayson County. 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 Johnson County 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 Johnson County 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 Johnson County Sexual Assault attorney, we can assist you in these difficult circumstances.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Johnson County 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 Johnson County 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:

Paul Saputo is an excellent attorney who really goes above and beyond for his client, I’d trust him with anything, do not hesitate to call him.

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

See more client reviews and testimonials here.