Navarro County Sexual Assault Attorney

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

If you’re looking for the best Navarro County 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.

Our boutique criminal defense practice at Saputo Toufexis | Criminal Defense is distinguished by our unwavering commitment to delivering consistently high-level legal representation. We believe in providing extraordinary service to our clients, and we seek to represent clients who expect as much.

We’re not just Navarro 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. When you hire us as your Navarro County Sexual Assault attorney, we fight to win. From the courtrooms of Corsicana 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 Navarro 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 Navarro County, Texas?

In order to get a Sexual Assault charge dropped in Navarro 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.^[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 Navarro County.

One such case is Russell v. State.

Russell v. State

In Russell v. State, delivered on July 6, 2005, by the Court of Appeals of Texas Tenth District Waco, Alvin Alexander Russell appealed the denial of his post-conviction motion for DNA testing by the 13th District Court of Navarro County. Russell, serving a 20-year sentence for Sexual Assault, sought DNA testing to challenge his 1996 conviction, asserting that the testing could potentially exonerate him. His motion, accompanied by an affidavit asserting that DNA testing was not available to him at the time of his trial, was denied without an evidentiary hearing, a decision based on findings that identity was not an issue in his case as required by Tex. Code Crim. Proc. Ann. art. 64.03.

The appellate court upheld the trial court’s decision, citing precedents that a hearing is not required for determining a convict’s entitlement to DNA testing under Article 64.03. It was noted that the convicted person bears the burden of establishing, by a preponderance of the evidence, a reasonable probability that they would not have been prosecuted or convicted if exculpatory DNA results had been obtained. Russell’s motions did not argue or explain how identity was an issue at trial, nor did they adequately challenge the trial court’s findings on this basis.

The appellate court’s decision affirms the trial court’s judgment, emphasizing the procedural and evidentiary requirements for post-conviction DNA testing under Texas law. The case highlights the challenges convicts face in obtaining DNA testing post-conviction, particularly the need to demonstrate that identity was or is a central issue in the case, as well as the importance of providing substantial evidence to support the motion for testing.

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

• Navarro County Sheriff’s Office handles Sexual Assault cases throughout Navarro County, Texas.
• Corsicana Police Department serves as the main municipal police department within Navarro County and plays a significant role in Sexual Assault cases.
• Ennis Police Department is responsible for law enforcement within Ennis and may contribute to Sexual Assault arrests within its jurisdiction.
• Rice Police Department serves the community of Rice within Navarro County and may handle Sexual Assault cases within its jurisdiction.
• Blooming Grove Police Department is responsible for law enforcement within Blooming Grove and may contribute to making Sexual Assault arrests within its jurisdiction.

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

To beat a Sexual Assault charge in Navarro County, Texas, 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 Navarro 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.

Navarro County Sexual Assault Attorney Case Defense Strategy

Achieving success in Sexual Assault cases hinges 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.

Securing favorable outcomes in Sexual Assault cases necessitates thorough preparation for all legal proceedings, not only trial proceedings. As your Navarro County Sexual Assault lawyers, we take meticulous preparation seriously. Our involvement in a case signals to the prosecution an unwavering dedication to trial readiness and pursuit of complete exoneration.

However, our trial preparation often commences well before the case is filed. From the onset of police investigation or arrest, we begin our proactive approach. To ensure a successful defense, we conduct our own independent investigation. While the state marshals its law enforcement resources to gather evidence, we counteract by meticulously scrutinizing and challenging their findings. As our client, you gain access to the comprehensive investigative capabilities of our entire legal team. With a cadre of dedicated professionals including paralegals, investigators, and forensic experts, we leverage our collective expertise to lay the groundwork for a robust defense strategy.

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

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

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

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 Navarro County 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 Navarro County Sexual Assault attorneys.

How can you modify your Navarro County 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 Navarro County 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 Navarro County arraignment?

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

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 Navarro 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.

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 Kaufman County police and the community will likely judge the way you act and what you say negatively. As your Navarro 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 Navarro 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 Navarro 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 a great attorney to have in your corner to be able to fight for you and handle your cases. How he does so is in a very fashionable manner. I have no complaints. After dealing with different attorneys…I can say Paul Saputo is one of the best.

– 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.