Sexual Assault Attorney in Friendswood

Defending Your Rights & Reputation with Tenacity

At the Law Office of Steve O. Gonzalez, we recognize the overwhelming stress that comes with allegations of sexual assault in Friendswood, TX. Our legal team, led by Steve Gonzalez and Kristina King, is dedicated to defending your rights and safeguarding your future. 

With over 32 years of combined legal experience, we provide tailored defense strategies to address the complexities of your situation, supporting you throughout the judicial processes in Brazoria, Galveston, Harris, and Fort Bend Counties.

Facing a sexual assault charge is life-altering, affecting personal and professional aspects of your life. Legal challenges require not only strategic intervention but also a nuanced understanding of the Friendswood legal landscape.

Our sexual assault attorney in Friendswood is a former prosecutor who understands how the other side builds its case—and how to take it apart. Call (832) 900-9867 now or contact us online. Hablamos español.

Understanding Sexual Assault Laws in Texas (Texas Penal Code § 22.011)

In Texas, "Sexual Assault" is the primary statute (Texas Penal Code § 22.011) that defines non-consensual sexual penetration. The severity of the charge depends heavily on the specific nature of the alleged act, the age of the alleged victim, the presence of force or threats, and any aggravating factors. A sexual assault defense attorney in Friendswood must possess an in-depth understanding of these specific statutes and their precise legal definitions.

Key Texas Sexual Assault Statutes:

• Sexual Assault (Texas Penal Code § 22.011): A person commits sexual assault if they intentionally or knowingly cause sexual penetration (as defined above) without the consent of the other person. This includes circumstances where consent is legally negated (force, incapacitation, victim under 17, etc.).
  • Penalties: Generally a Second-Degree Felony (punishable by a determinate sentence of not less than 2 years but not more than 20 years, and a fine of up to $10,000).
• Indecency with a Child (Texas Penal Code § 21.11): This applies if a person, with intent to arouse or gratify the sexual desire of any person, engages in specific sexual conduct with a child younger than 17 years of age, regardless of whether the actor knows the age of the child. 
  • Penalties: This is typically a Second-Degree Felony (2 to 20 years prison). If the offense is committed against a child younger than 14, it is a First-Degree Felony (5 to 99 years or life). This is a "3g offense" and requires lifetime sex offender registration.
• Continuous Sexual Abuse of Young Child or Children (Texas Penal Code § 21.02): A person commits this offense if, during a period that is 30 days or more in duration, they engage in two or more acts of sexual assault or aggravated sexual assault against a child younger than 14 years of age.
  • Penalties: A First-Degree Felony (25 to 99 years or life in prison). This is a "3g offense" and requires lifetime sex offender registration. 
• Aggravated Sexual Assault (Texas Penal Code § 22.021): Committing sexual assault while causing serious bodily injury or attempting to cause death, using a deadly weapon, instilling fear of prostitution, trafficking, death, serious injury, or kidnapping, administering a controlled substance without consent to facilitate the offense, or if the victim is under 14 or 65+/disabled.
  • Penalties: Generally a First-Degree Felony (5 to 99 years or life imprisonment, fines up to $10,000). It's a "3g offense," limiting parole, and certain instances (e.g., child victim) can carry a mandatory minimum of 25 years in prison with no early release options.

Sex Offender Registration in Friendswood, TX

This is perhaps the most devastating consequence. Conviction for virtually all sexual assault offenses (including attempts, conspiracies, or even some misdemeanors like certain indecent exposures) requires mandatory registration with the Texas Department of Public Safety (DPS). This is typically for lifetime.

Registrants must provide detailed personal information (name, address, photograph, crime details) to local law enforcement, and update this information regularly (e.g., annually, semi-annually, or quarterly for serious offenders). This information is publicly available on the Texas Sex Offender Registry database.

Registered sex offenders face stringent restrictions on where they can live, often prohibiting residence within a certain distance (e.g., 1,000 feet) of schools, daycare centers, parks, and other places where children gather. This can make finding housing extremely difficult, if not impossible, particularly in densely populated areas like Friendswood.

Building a Strategic Defense Against Sexual Assault Charges

Successfully defending against sexual assault charges requires a meticulous examination of the prosecution's evidence and a strategic application of various legal defenses. Our approach focuses on challenging the core elements of the crime and protecting your constitutional rights.

• Lack of Consent: Argue that sexual activity was consensual, presenting evidence of relationship dynamics, prior encounters, communications (including texts/emails), or the alleged victim's behavior before/during/after the incident to counter claims of force or incapacitation.
• Fabricated or False Allegations: Thoroughly investigate the accuser's credibility, motives (e.g., revenge, jealousy, mental health issues), and highlight inconsistencies in their statements or behavior.
• Mistaken Identity: Prove that you were not the perpetrator by using alibi evidence, challenging eyewitness identifications, or showing other potential perpetrators exist.
• No Force or Threat of Force: For charges requiring "force or threat of force," argue that no physical force or credible threat was used, and that any sexual activity was consensual or did not meet the definition of force.
• Incapacity to Consent Not Proven: Challenge whether the prosecution can prove the alleged victim was incapable of knowing consent (e.g., due to intoxication) or that you knew/should have known of this incapacity.
• Insufficient Evidence: Argue for dismissal or acquittal by highlighting weaknesses, inconsistencies, or a lack of credible evidence (e.g., unreliable witnesses, lack of corroborating physical evidence, delayed report).
• Constitutional Violations: File motions to suppress evidence obtained through unlawful searches/seizures, coerced confessions, or violations of your right to counsel.
• Alibi: Present compelling evidence that you were in a different location at the time the alleged crime occurred.
• Challenging Age of Victim/Defendant (for Child Victims): Meticulously examine age discrepancies; specific facts about false age representations by the child may impact sentencing or culpability in narrow circumstances.
• No "Sexual Penetration" or "Sexual Contact" Proven: Challenge whether the alleged conduct meets the strict legal definitions required by the specific statute, potentially leading to dismissal or reduction.