Criminal Defense — Georgetown, Texas
Sexual Assault Defense Attorney
Experienced, discreet representation for those accused of sexual assault in Williamson County and throughout Central Texas.
Accused of Sexual Assault in Texas? Your Reputation and Your Freedom Are Both at Stake.
A sexual assault accusation is one of the most serious situations a person can face. Even before charges are formally filed, an allegation alone can destroy a career, a family, and a reputation. Texas prosecutors pursue these cases aggressively, and the penalties upon conviction are among the harshest in the criminal code — including mandatory sex offender registration that follows you for life.
At Mark Morales & Associates, we understand the gravity of these charges and the importance of moving quickly. We provide discreet, aggressive representation from the moment you contact us. We investigate the facts independently, challenge the prosecution's evidence, and build a defense strategy tailored to the specific circumstances of your case.
Being accused is not the same as being guilty. False accusations happen. Memories are imperfect. Investigations are flawed. You have the right to a vigorous defense — and we will provide one.
Why You Must Act Before Charges Are Filed
In many sexual assault cases, law enforcement investigates for weeks or months before making an arrest. If you know you are under investigation — or if you have been contacted by police — do not wait for charges to be filed. Contact us immediately. Early intervention allows us to preserve evidence, identify witnesses, and in some cases, prevent charges from being filed at all. Do not speak to law enforcement without an attorney present. Anything you say will be used against you.
Texas Sexual Assault Charges We Defend
Texas Penal Code Chapter 22 defines sexual assault broadly. Charges range from misdemeanor indecent exposure to first-degree felony aggravated sexual assault. The specific charge depends on the nature of the alleged conduct, the age of the alleged victim, the use of force or coercion, and the relationship between the parties.
- Sexual Assault — 2nd Degree Felony
- Aggravated Sexual Assault — 1st Degree Felony
- Sexual Assault of a Child (under 17)
- Aggravated Sexual Assault of a Child (under 14)
- Indecency with a Child — 2nd or 3rd Degree Felony
- Online Solicitation of a Minor
- Continuous Sexual Abuse of a Child — 1st Degree Felony
- Possession or Promotion of Child Pornography
- Indecent Exposure — Class B Misdemeanor
- Public Lewdness — Class A Misdemeanor
- Unlawful Disclosure of Intimate Visual Material (Revenge Porn)
Texas Sexual Assault Penalties at a Glance
Penalties for sexual assault convictions in Texas are severe and often include mandatory minimum sentences, lifetime sex offender registration, and civil commitment for certain offenders. These are statutory ranges — actual outcomes depend on the facts of your case.
| Charge Level | Example | Potential Penalty |
|---|---|---|
| 2nd Degree Felony | Sexual assault (adult victim) | 2 – 20 years prison; up to $10,000 fine |
| 1st Degree Felony | Aggravated sexual assault; sexual assault of child under 14 | 5 – 99 years or life in prison; up to $10,000 fine |
| Continuous Sexual Abuse (1st Degree) | Two or more acts over 30+ days, child victim | 25 – 99 years or life; no parole eligibility until 35 years served |
| Indecency with a Child (2nd Degree) | Sexual contact with child under 17 | 2 – 20 years prison; up to $10,000 fine |
| Indecency with a Child (3rd Degree) | Exposure to child under 17 | 2 – 10 years prison; up to $10,000 fine |
| Online Solicitation of a Minor (2nd Degree) | Soliciting a minor under 17 | 2 – 20 years prison; up to $10,000 fine |
Sex Offender Registration: A Lifetime Consequence
Most Texas sexual assault convictions require lifetime registration on the Texas Sex Offender Registry. Registration imposes severe restrictions on where you can live, work, and travel. Your name, photograph, and address are publicly searchable. You must report in person to local law enforcement regularly, and failure to register is itself a felony. For certain offenses involving child victims, registration requirements are even more stringent. Avoiding registration — or minimizing its scope — is one of the most important goals of a strong defense.
How We Defend Sexual Assault Charges
Sexual assault cases are often built on testimony alone, with little or no physical evidence. That creates real opportunities for a skilled defense attorney. We investigate every aspect of the case — the accuser's history, the circumstances of the alleged incident, the integrity of the investigation, and the reliability of the forensic evidence.
Consent
In cases involving adult complainants, consent is a complete defense. We investigate the full context of the relationship between the parties, prior communications, and any evidence that the encounter was consensual. Text messages, social media, and witness accounts often tell a very different story than the initial accusation.
False Accusation
False allegations of sexual assault do occur — motivated by custody disputes, relationship conflicts, financial gain, or mental health issues. We investigate the accuser's background, prior accusations, motive to fabricate, and any inconsistencies in their account. We do this thoroughly and professionally.
Challenging Forensic Evidence
DNA evidence, SANE exam results, and toxicology reports must be collected, preserved, and analyzed according to strict protocols. We retain independent forensic experts to review the prosecution's evidence and identify any deficiencies in collection, chain of custody, or interpretation.
Mistaken Identity
Eyewitness identification is notoriously unreliable, particularly in traumatic situations. If the identification of you as the perpetrator is based on a flawed lineup, a suggestive photo array, or an uncertain witness, we challenge that identification aggressively.
Constitutional Violations
Law enforcement must follow strict constitutional rules in investigating and prosecuting sexual assault cases. Unlawful searches, coerced confessions, improper interrogation techniques, and Brady violations — the prosecution's failure to disclose exculpatory evidence — can result in suppression of evidence or dismissal of charges.
Age and Mistake of Age
In cases involving alleged victims close to the age of consent, the defendant's reasonable belief about the complainant's age may be a relevant defense. We examine all communications and circumstances surrounding the alleged encounter.
Frequently Asked Questions
What should I do if I've been accused of sexual assault but not yet arrested?
Call an attorney immediately. Do not speak to police, investigators, or the accuser. Do not post anything on social media. Preserve any evidence — text messages, emails, photos — that may be relevant to your defense. The period before charges are filed is critical, and early legal intervention can make a significant difference in the outcome of your case.
Can a sexual assault charge be dropped if the accuser recants?
Texas prosecutors can proceed with a sexual assault case even if the complainant recants or refuses to cooperate. However, a recantation significantly weakens the prosecution's case and is a powerful tool in negotiations. We use every available piece of evidence — including a recantation — to pursue the best possible outcome for our clients.
Is deferred adjudication available for sexual assault in Texas?
Deferred adjudication is not available for most sexual assault offenses in Texas, including sexual assault of a child and aggravated sexual assault. For some lower-level offenses, deferred adjudication may be available, but it still typically requires sex offender registration. This is why fighting the charge — rather than accepting a plea — is so important.
How long does a sexual assault investigation take in Texas?
Investigations can take anywhere from a few weeks to several years, depending on the complexity of the case and the backlog at the crime lab. There is no statute of limitations for sexual assault of a child in Texas, and the statute of limitations for adult sexual assault was extended significantly in recent years. Do not assume that time passing means the case has gone away.
Will my name be made public if I am charged with sexual assault?
Arrest records in Texas are generally public. Once charges are filed, court records are also public. However, if your case is dismissed or you are acquitted, you may be eligible for expunction — which removes the arrest and charge from public records. We work to protect your reputation at every stage of the process.
Treated Like Family. Defended Like Family.
Our Georgetown, Texas office serves clients throughout Williamson, Travis, and Bell counties. All consultations are strictly confidential.