An Austin sexual assault defense attorney represents people accused of sexual assault and related sex crimes in Travis County criminal courts. At the Law Office of Jorge Vela, our team is led by former federal and state prosecutor Jorge Vela. Jorge personally handled complex sex crime cases as both an Assistant United States Attorney and a state ADA. We defend clients facing sexual assault charges across Travis, Williamson, and Hays Counties. Call (512) 537-1237 for a confidential consultation, available 24/7; se habla español.
What Is Sexual Assault Under Texas Law?
Texas Penal Code § 22.011 defines sexual assault as intentional or knowing nonconsensual penetration or sexual contact with another person. The statute covers two categories of conduct. The first involves nonconsensual acts between adults, where the central legal question is whether consent existed. The second involves any sexual contact with a child under 17.
In adult cases, the outcome often turns on the specific circumstances surrounding consent. The statute lists detailed situations in which an act is considered nonconsensual, and prosecutors must prove at least one applies. Sexual assault is distinct from other assaultive offenses under Chapter 22 of the Penal Code, including charges handled by an Austin assault defense lawyer.
What qualifies as nonconsensual sex in Texas?
Texas Penal Code § 22.011(b) lists the specific circumstances that make a sexual assault nonconsensual under state law. A sexual assault is without consent if the actor:
- Compels participation through physical force, violence, or coercion
- Threatens force or violence the other person reasonably believes will be carried out
- Knows the other person is unconscious or physically unable to resist
- Knows the other person has a mental disease or defect that prevents them from appraising or resisting the act
- Knows the other person is unaware the sexual assault is occurring
- Administers a substance that impairs the other person’s ability to appraise or resist
- Holds a position of authority as a public servant, clergy member, health-care provider, or mental-health provider and exploits that relationship
A person under 17 cannot legally consent under Texas law, making any sexual contact with a minor a felony regardless of the circumstances.
What is aggravated sexual assault in Texas?
Aggravated sexual assault under Texas Penal Code § 22.021 is a first-degree felony that carries significantly harsher penalties than a standard sexual assault charge. The charge applies when one or more aggravating factors are present during the offense.
Those factors include causing serious bodily injury to the victim, using or exhibiting a deadly weapon, and administering a date-rape drug or other incapacitating substance. The charge also applies when the victim is under 14, elderly, or disabled. When the victim is under 6, or under 14 and the offense involved force or coercion, the minimum prison sentence increases to 25 years.
Is sexual assault a felony in Texas?
Sexual assault in Texas is classified as a second-degree felony, and aggravated sexual assault is a first-degree felony. Both classifications carry mandatory sex offender registration upon conviction.
The felony classification means your case will be presented to a grand jury for indictment and heard in a district court. The Travis County District Attorney’s office or the DA in the county where the alleged offense occurred will handle the prosecution.
Why Trust the Law Office of Jorge Vela for Your Sexual Assault Defense
Attorney Jorge Vela spent seven years as a prosecutor before founding his criminal defense practice in 2018. Sex crime cases depend on forensic evidence, witness credibility, and investigative procedures Jorge handled firsthand as a prosecutor. Seven years on that side of the courtroom shaped how he approaches every defense.
As an Assistant United States Attorney for the Southern District of Texas, Jorge worked alongside specially trained federal agents. He investigated and prosecuted online solicitation of a minor and child pornography cases. As an Assistant District Attorney in Travis County and Webb County, he tried sexual assault and aggravated sexual assault cases in front of juries. Jorge knows exactly how prosecutors build sex crime files, what forensic evidence they prioritize, and where those cases break down.
Hiring a former prosecutor to defend a sex crime charge gives you an attorney who can anticipate the State’s strategy before it unfolds. Jorge knows how outcry-witness testimony is prepared, how DNA evidence and SANE exams are presented, and which procedural weaknesses can change the outcome of a case.
The firm includes partner attorney Miguel Aguilera, and our team is bilingual (se habla español) and available 24/7.
Penalties for a Sexual Assault Conviction in Texas
A sexual assault conviction in Austin carries a second-degree felony penalty of 2 to 20 years in prison and a fine of up to $10,000. Aggravated sexual assault is a first-degree felony with 5 to 99 years or life in prison and the same fine.
The damage extends well beyond the prison sentence. A felony sex crime conviction creates a permanent criminal record, restricts employment and housing, and can end professional licensing. The stigma often begins at the accusation stage, before any conviction, through media exposure, protective orders, and Title IX proceedings on college campuses.
Charge Level | Prison Range | Fine | Registration? |
Second-Degree Felony (sexual assault) | 2–20 years | Up to $10,000 | Yes |
First-Degree Felony (aggravated sexual assault) | 5–99 years or life | Up to $10,000 | Yes |
First-Degree Felony (victim under 6 or under 14 with aggravating factors) | 25 years to life | Up to $10,000 | Yes |
Will I have to register as a sex offender after a sexual assault conviction?
All felony sex offender registration in Texas is mandatory upon conviction, including convictions that result in deferred adjudication. You must register with the Texas Department of Public Safety and with local law enforcement in the city or county where you reside. In Austin, that means the Austin Police Department or the Travis County Sheriff’s Office.
Registration periods range from 10 years to life depending on the offense. The registry is publicly accessible, and registration restricts where you can live, where you can work, and your ability to travel. For many people, the registration requirement is the single most life-altering consequence of a sex crime conviction.
What is the statute of limitations for sexual assault in Texas?
The general statute of limitations for adult-victim sexual assault is 10 years under Texas Code of Criminal Procedure Art. 12.01. That means prosecutors generally have 10 years from the date of the alleged offense to file charges.
For offenses against children, the limitations period extends to 20 years from the victim’s 18th birthday or may be removed entirely. The 2019 legislative changes also eliminated the limitations period when biological evidence has been collected but not yet subjected to DNA testing. You should never assume time has run on a potential charge. An attorney can assess whether the deadline or any tolling provision applies to your situation.
Can a sexual assault conviction affect immigration status?
A sexual assault conviction, whether based on lack of consent or a child-victim charge, can qualify as an aggravated felony under federal immigration law. Non-citizens convicted of an aggravated felony face mandatory deportation, a permanent bar to reentry into the United States, and the loss of eligibility for asylum, green card status, and naturalization.
These consequences apply to lawful permanent residents and visa holders, not only undocumented individuals. Because the Law Office of Jorge Vela handles both criminal defense and immigration law, our team can evaluate how a criminal charge may affect your immigration status. We build defenses that protect both.
How We Defend Against Sexual Assault Charges in Austin
Every sexual assault conviction in Travis County requires the State to prove each element of the offense beyond a reasonable doubt. Each element is a point where a defense attorney can challenge the case. Common defense strategies include consent, false or exaggerated allegations, mistaken identity, and alibi. Forensic and evidentiary challenges and constitutional violations such as unlawful searches, Miranda errors, or denial of the right to counsel also provide grounds for defense.
A former prosecutor knows which of these weaknesses actually changes the trajectory of a sex crime case. We use that knowledge to identify gaps in the State’s evidence and build a defense around them.
What is the consent defense in a sexual assault case?
Consent is the most common defense in adult sexual assault cases in Austin. If the alleged encounter was consensual and the accuser could legally consent, no sexual assault occurred under Texas law. The defense focuses on evidence that the encounter was voluntary, including text messages, communications before and after the event, witness testimony, and the accuser’s own statements.
This defense does not apply when the complainant is under 17. Texas law holds that a child cannot legally consent to sexual contact, so the State does not need to prove lack of consent in cases involving a minor. Your attorney will assess which framework applies to your case as one of the first steps in building the defense.
Can sexual assault charges be dropped or dismissed in Texas?
Sexual assault charges in Austin can be dismissed before trial or refused by a grand jury. Insufficient evidence, contaminated forensic evidence, and constitutional violations all provide grounds for dismissal or suppression of the State’s case. If the grand jury declines to indict, the case ends without ever reaching a courtroom.
Flawed DNA handling, inconsistencies in SANE exam results, and unreliable outcry-witness testimony are among the most effective grounds for challenge in sex crime cases. False allegations driven by custody disputes, revenge, or jealousy also arise frequently, particularly in cases that overlap with domestic violence defense. Charges can also be reduced through pre-trial negotiation when the evidence does not support the charged offense.
What should I do if I’ve been accused of sexual assault?
Do not speak to police, the accuser, or anyone other than your attorney if you’ve been accused of sexual assault in Austin. Anything you say can and will be used against you, and even well-intentioned statements can damage your defense.
Preserve all texts, messages, photos, and digital evidence exactly as they are. These records often contain the strongest evidence that supports a consent defense or contradicts the accuser’s account. Contact a defense attorney immediately. The first 48 hours after an accusation are the most important window for preserving evidence and shaping the defense. If you’ve already been arrested, a jail release attorney can help secure your release while the case is evaluated.
Sexual Assault Charges in Travis, Williamson & Hays Counties
Sexual assault cases in Austin and across Central Texas are prosecuted by the Travis County District Attorney’s office or the DA in the county where the alleged offense occurred. In Travis County, felony sexual assault cases are handled by the Travis County District Attorney’s office and heard at the Travis County Courthouse at 1000 Guadalupe St in Austin. In Williamson County, cases are prosecuted in Georgetown, and in Hays County, they move through the courts in San Marcos.
Jorge has practiced in these courtrooms as both a prosecutor and a defense attorney. He understands how each office evaluates sex crime cases, what evidence local prosecutors prioritize, and how individual judges handle pre-trial motions and evidentiary disputes. An attorney who already has established relationships within the local court system can identify procedural opportunities that an outside attorney would miss.
If you have questions about whether the statute of limitations has passed on a potential charge, an attorney can assess that based on the specific facts of your case. We serve clients across Travis, Williamson, Hays, Bastrop, and surrounding Central Texas counties.
Contact an Austin Sexual Assault Defense Attorney at the Law Office of Jorge Vela
A sexual assault accusation in Austin can upend your career, your relationships, and your reputation before charges are ever filed. The presumption of innocence is a legal right, but it doesn’t stop the damage that begins the moment an allegation becomes public. The sooner you retain a defense attorney, the more options you have to intervene before indictment.
When you call the Law Office of Jorge Vela, you reach an Austin criminal defense attorney who spent years prosecuting these same cases. Jorge knows how to dismantle them from the defense side. We handle every stage of your sexual assault case from investigation through trial, with no handoffs and no gaps.
Call (512) 537-1237 day or night, or schedule a confidential consultation online. Our office is at 818A W 10th St, Austin, TX 78701; se habla español.