Rockwall Aggravated Sexual Assault Attorney

Are You Looking for the Best Rockwall Aggravated Sexual Assault Attorney?

If you’re looking for the best Rockwall Aggravated Sexual Assault attorney, then Paul Saputo and Nick Toufexis want to represent you. Award-winning attorneys Paul Saputo and Nick Toufexis expertly bring the firm’s full resources to bear in Rockwall Aggravated Sexual Assault 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 Rockwall Aggravated 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. If the police have already arrested you for Aggravated Sexual Assault, the most important thing for you to do is to hire a lawyer as soon as possible to defend you against the onslaught of prosecution by the state. You are not guilty unless and until the Rockwall District Attorney proves its case in court.

If you’re facing a Rockwall Aggravated Sexual Assault case, both your freedom and your reputation are at risk. Accordingly, the lawyers at Saputo Toufexis | Criminal Defense aim to not only win your case, but also keep your name out of the media.

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Contact a Rockwall
Aggravated 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 Rockwall Aggravated 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 an Aggravated Sexual Assault charge dropped in Rockwall, Texas?

In order to get an Aggravated Sexual Assault charge dropped in Rockwall, 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 §22.021.^[1] Our lawyers are experts in the Texas law regarding Aggravated Sexual Assault, and we leverage our legal knowledge to mount successful defenses to government prosecutions.

Thoroughly understanding both the Aggravated 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 Aggravated Sexual Assault statute in detail on the Aggravated Sexual Assault offense page. We also maintain our expertise by keeping up with the latest case law affecting Aggravated Sexual Assault cases in Rockwall.

One such case is Eduardo Guadalupe Gonzalez v. The State of Texas.

Eduardo Guadalupe Gonzalez v. The State of Texas

The Fifth District Court of Appeals in Dallas reviewed the case of Eduardo Guadalupe Gonzalez v. The State of Texas, filed under Cause Nos. 05-19-01085-CR and 05-19-01086-CR. The opinion, filed on January 21, 2021, addressed Gonzalez’s appeal from the 382nd Judicial District Court in Rockwall County, Texas, where he was convicted on two counts of Aggravated Sexual Assault of a Child and sentenced to thirty years’ confinement for each count.

The appellate review centered on Gonzalez’s claim of ineffective assistance of counsel, specifically alleging his counsel failed to request a jury question on the lesser included offense of indecency with a child under Tex. Penal Code Ann. § 21.11(a) in connection with the aggravated sexual assault charge. Gonzalez argued this failure was significant because the submitted questions—aggravated sexual assault and sexual assault—both implied an element of force or lack of consent, thereby not giving jurors a viable alternative consistent with consensual activity, albeit with a minor.

However, the appellate court found Gonzalez’s claim unconvincing due to the absence of a motion for a new trial which could have provided an explanation or motivation behind his counsel’s decision-making. Without such a record, the court refrained from speculation on counsel’s motives and upheld a strong presumption of effective assistance. The court stressed that ineffective assistance of counsel claims must be firmly established in the record, which was not the case here. Consequently, Gonzalez’s appeal was denied, and the judgment of the trial court was affirmed.

What does an Aggravated Sexual Assault charge really mean?

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

(a) A person commits an offense:

(1) if the person:

(A) intentionally or knowingly:

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

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

(iii) 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

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

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

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

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

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

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

(2) if:

(A) the person:

(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

(ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

(iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person;

(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;

(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or

(vi) with the intent of facilitating the commission of the offense, administers or provides to the victim of the offense any substance capable of impairing the victim’s ability to appraise the nature of the act or to resist the act;

(B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or

(C) the victim is an elderly individual or a disabled individual.

Law Enforcement Agencies in Rockwall that Make Aggravated Sexual Assault Arrests

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

• Rockwall County Sheriff’s Office: This agency handles law enforcement duties related to Aggravated Sexual Assault cases in unincorporated areas of Rockwall County and provides support to municipal police departments.
• Rockwall Police Department: Responsible for Aggravated Sexual Assault cases within the city of Rockwall.
• Royse City Police Department: Responsible for Aggravated Sexual Assault cases in the city of Royse City.

How do I win an Aggravated Sexual Assault case in Rockwall?

To beat an Aggravated Sexual Assault charge in Rockwall, Texas, you must first secure the services of a skilled and experienced attorney who can build a strong defense strategy tailored to the specific details of your case. It is crucial to thoroughly investigate the evidence, challenge any weaknesses or inconsistencies, and present a compelling case in court.

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

Texas Aggravated Sexual Assault cases are frequently 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.

Rockwall Aggravated Sexual Assault Attorney Case Defense Strategy

The best defense strategy in Aggravated 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 Aggravated Sexual Assault case also requires being prepared for all hearings and court settings – not just trials. When you hire us as your Rockwall Aggravated 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 an Aggravated Sexual Assault case in Rockwall, Texas?

Attorney’s fees for a Aggravated Sexual Assault charge typically range from $25,000 – $60,000 in Rockwall, Texas. You can expect to pay higher attorney fees for more complex cases. Some Rockwall Aggravated 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 Rockwall, sometimes travel fees may apply.

What to Do if Falsely Accused of Aggravated Sexual Assault in Rockwall

Even if someone has falsely accused you of Aggravated Sexual Assault, you should nevertheless still always take this charge very seriously. You may think that the state may “drop charges” against you because you are innocent. But absent effective advocacy by a lawyer, the state will often take the case to trial and let the jury decide.

If the state has charged you with Aggravated 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 Rockwall Aggravated Sexual Assault attorneys.

How can you modify your Rockwall bond conditions after an Aggravated Sexual Assault arrest?

In Texas, judges wield considerable authority in establishing bail and bond conditions. However, there are instances where judges may impose excessively stringent conditions and unreasonably high bail amounts. If you seek to modify bond conditions or reduce bail, you must file a motion in court and schedule a hearing, with the judge having the ultimate authority to decide.

In practical terms, if you’ve been arrested for Aggravated Sexual Assault in Rockwall, it’s common for the judge to impose a bond condition prohibiting contact with the victim. Additionally, for Child Aggravated Sexual Assault cases, judges frequently include a condition barring contact with all minors. Many clients enlist our assistance in seeking the removal of these conditions in order to maintain contact with their own children. If you want to remove 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 Rockwall arraignment?

At your arraignment, a Rockwall judge will hear your plea of not guilty. In Rockwall, 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 Aggravated Sexual Assault, then Texas Code of Criminal Procedure §17.40 requires Rockwall 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 Rockwall 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 Rockwall Aggravated Sexual Assault charge in Rockwall?

The Texas Penal code outlines the range of punishment for all Aggravated Sexual Assault convictions across the state. The Texas Penal Code classifies Aggravated Sexual Assault as a first degree felony with a mandatory minimum punishment of 25 years under some circumstances.

However, the actual punishment you receive will vary significantly based on a number of circumstances, including your prior criminal history and the circumstances of the offense. With this in mind, you can learn about the penalties that apply to all Texas convictions for Aggravated Sexual Assault here. Otherwise, to learn more about what kind of punishment is typical in Rockwall Aggravated Sexual Assault cases, call us to schedule a consultation or book online.

Furthermore, all good Rockwall Aggravated Sexual Assault attorneys will also advise you on the collateral consequences of a Aggravated Sexual Assault conviction. Collateral consequences are penalties derived from convictions that are not necessarily part of the penal code punishment.

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 right to possess ammunition or firearms (18 U.S.C. §922(g) and 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.

What will the police do if it is reported?

If someone reports an allegation of Aggravated 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 Aggravated Sexual Assault cases as much because the typical Aggravated Sexual Assault of a Child case does not have much physical evidence. In Child Aggravated 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 Aggravated 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 Aggravated Sexual Assault in Denton, should I contact a lawyer?

You need to contact an attorney immediately if you are charged with Aggravated 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 Aggravated Sexual Assault and being a falsely accused person who had a unfortunate brush with the law.

Are you under investigation for Aggravated 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 Rockwall Aggravated Sexual Assault lawyer present.

An arrest for Aggravated 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 Rockwall 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 Rockwall Aggravated Sexual Assault attorney, we can assist you in these difficult circumstances.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Rockwall Aggravated 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 Rockwall Aggravated 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:

Nick and his team are amazing! I’ve had such a stressful time with my situation, (even had to deal with lawyers who weren’t honest) but working with Nick had been a breeze. He was so patient and informative and had a much appreciated sense of urgency. He went above and beyond what I thought was possible and I’m so grateful. If you are looking for a lawyer who’s got your back, he’s your guy.

– 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 §22.021.