Houston Lawyer Blog
Archive for Assault & Battery
Unlike many other types of criminal defense cases, sexual assault defense cases require an extremely delicate touch. Sexual assault is a term which encompasses rape, attempted rape, sexual abuse and battery, molestation, and other crimes.
One of the most difficult aspects of sexual assault defense is the fact that there are rarely ever any witnesses to sexual assault crimes. In addition to the lack of witnesses, there is usually little evidence a rape, attempted rape, molestation, or other sex crime, ever occurred. Taking away evidence and witnesses, what we are left with is one word vs. another – the victim’s claim, and the suspect’s defense, both people’s lives often drastically affected by the severity of the event and the legal outcome.
It is the responsibility of your lawyer to thoroughly research all aspects of your case and assist you with whatever legal facilitation you need through this difficult time.
Don’t Make A Serious Mistake: Make The Right Choice For Your Sex Crimes Defense Attorney
If you or someone you care about is facing a charge of rape or sexual assault, you can’t afford to make a mistake with who you hire as your Houston Sex Crimes Defense Attorney. These types of criminal charges demand an attorney that has defended these types of cases successfully for many years. Our proven results are among the best in the legal profession in Texas. We know how to very aggressively and successfully defend Texas sex crime charges, and we know how to make sure you are legally protected to the maximum extent possible.
Make the wrong move – hire an attorney who only handles these cases “occasionally,” or hire an attorney based on the lowest fee you’re quoted – and you may find yourself in prison for something you may not be legally guilty of doing. If you are in this situation right now, you probably have a hundred questions to ask. Contact Houston Sexual Assault Lawyer Charles Johnson anytime night or day at (713) 222-7577 for your free consultation. Attorney Johnson will help you decide what, legally, you need to do.
What Is Sexual Assault?
“Sexual Assault” is any form of sexual contact or penetration that is committed against another person without his or her consent. Victims of sexual assault can be compelled to participate through physical force, fear, coercion, deception, or the use of intoxicants such as drugs or alcohol. Some types of sexual violence that doesn’t involve force or other forms of compulsion are still considered criminal.
Sexual Assault is broadly defined as the full range of forced sexual acts, including forced touching or kissing; verbally coerced intercourse; and vaginal, oral, and anal penetration. Researchers typically include in this category only acts of this nature that occur during adolescence or adulthood; in other words, childhood sexual abuse is defined separately. Both men and women can be sexually assaulted and can commit sexual assault. The vast majority of sexual assaults, however, involve male perpetrators and female victims.
Other examples of sexual assault include:
Date or acquaintance rape which involves non-consensual sexual intercourse committed by a date or someone known to the victim, such as an acquaintance, friend, co-worker, date, or spouse. This includes incidents where the victim is unable to provide consent (e.g. unconscious, asleep, or under the influence of a substance). Most rapes are acquaintance rapes.
Alcohol-involved rape: Rape in which the perpetrator, the victim, or both are under the influence of alcohol at the time of the incident.
Attempted rape: An act that fits the definition of rape, in terms of the strategies used, but does not result in penetration.
Childhood sexual abuse: Sexual abuse that occurs to a child (the term “child” is generally defined as age 13 or younger). Child sexual abuse is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include asking or pressuring a child to engage in sexual activities (regardless of the outcome), indecent exposure (of the genitals, female nipples, etc.) to a child with intent to gratify their own sexual desires or to intimidate or groom the child, physical sexual contact with a child, or using a child to produce child pornography.
Date rape: Rape committed by someone that the victim is dating. Among college students, approximately one-half of all rapes are committed by a date.
Marital rape: Rape committed by the victim’s spouse. Marital rape often is committed in association with verbal and physical abuse.
Stranger rape: Rape committed by someone that the victim does not know. Less than 20 percent of rapes are committed by strangers, although most people believe that stranger rape is the prototypical rape.
“Flashing” or “Exhibitionism” involves the exposure of a person’s genitals to cause alarm or fear in another person or to provoke sexual interest in the viewer.
“Peeping” or “Voyeurism” is secretively observing someone, without the person’s permission, for the purpose of sexual gratification.
“Stalking” or “Cyber stalking” are forms of harassment generally comprised of repeated and persistent following, calling, writing, texting, etc. with no legitimate reason and with the intention of harming, or so as to arouse anxiety or fear of harm in the person being followed or contacted.
Anyone — men, women, and even children — can be sexually assaulted. Sexual assault is usually defined as sexual activity between two or more people in which one of the people is coerced or threatened with harm. The sexual activity may include fondling, sexual intercourse, oral sex, and/or anal sex. The sexual aggressor can be a family member, like a husband or father, or a friend, date, acquaintance, or stranger.
Sexual assault is a crime that has become an epidemic problem. Sexual assault can be an extremely stressful, terrifying event and can severely disrupt the victim’s lifestyle and coping patterns. During a sexual assault, the victim may have feelings of powerlessness and uncertainty about whether he or she will survive. Frequently the victim’s life is directly threatened and the victim may be physically injured in a variety of ways. At the same time, the victim must remain alert, trying to protect him or herself from even more harm. Children who may be present are often threatened, adding to the terror and causing the victim to feel responsible for protecting them.
Studies show that the impact of sexual assault varies from person to person. Victims may no longer feel safe, may lose self-esteem, feel powerless, and lose the ability to trust others or develop intimacy. The more terrifying the assault, and the more the person’s life is threatened, the more problems victims usually have afterwards. Having suffered previous traumatic events can also contribute to greater problems.
Sexual assault of adolescent and adult women has been called a silent epidemic, because it occurs at high rates yet is rarely reported to the authorities. Several reasons contribute to the underreporting of sexual assault cases. Many victims do not tell others about the assault, because they fear that they will not be believed or will be derogated, which, according to research findings, is a valid concern. Other victims may not realize that they have actually experienced legally defined rape or sexual assault, because the incident does not fit the prototypic scenario of “stranger rape.” For example, in a study by Abbey and colleagues, a woman wrote, “For years I believed it was my fault for being too drunk. I never called it ‘rape’ until much more recently, even though I repeatedly told him ‘no’.”
Defendants Charged With Sexual Assault
Unfortunately in many of these cases there is a tendency to favor the victim’s claim and assume that he or she is telling the truth, no matter the actual believability of the story. The courts are supposed to be fair and equal, but that is not always the case. This is why it is imperative that you find a lawyer that believes you, is on your side, and will be aggressive in making sure your story is heard while defending your rights and fighting for your freedom.
Whether there is evidence of a crime or not, an effective and experienced criminal defense lawyer should know how the legal system works and how to best defend your rights and your case. Sexual Assault defense requires many resources including precision, experience, knowledge, and dedication, all aspects that you will find when working with our lawyers. At the Charles Johnson Law Firm, we defend each of our clients with every available tactic, legal technique, investigative research, and more to secure their vindication and release. In short, we will do our best to win your case.
If you have been charged with, or are charging someone with sexual assault of any sort, please protect your rights and contact Houston Sexual Assault Lawyer Charles Johnson anytime night or day at (713) 222-7577 to discuss your case.
Victims of Sexual Assault in Society
Cultural and Religious Issues
Issues having the most profound impact on victims may, in part, be attributed to their cultural or religious backgrounds. For some victims, problems associated with poverty and discrimination, as well as inadequate access to quality health care, already have resulted in a high incidence of victimization. There may exist a general distrust of medical and law enforcement personnel who play vital roles in the aftermath of sexual assault, particularly if there has been a history of unpleasant or disappointing experiences with these professionals.
In some cultures, the loss of virginity is an issue of paramount importance which may render the victim unacceptable for an honorable marriage. In other cultures, the actual event of the assault may be a more signiﬁcant issue of concern for the family than is the victim’s loss of virginity.
Some religious doctrines prohibit a female from being disrobed in the presence of a male who is not her husband. A genital examination by a male physician also may be forbidden. These practices are often considered a further violation of the victim, the family or both.
The Elderly Victim
As with most other victims, elderly victims experience extreme humiliation, shock, disbelief and denial. However, full emotional impact of the assault may not be felt until the victim is alone, well after initial contact with physicians, police, legal and advocacy groups. During this time, elderly victims must deal with having been violated and possibly infected with sexually transmitted diseases. This is also when the elderly become more acutely aware of their physical vulnerability, reduced resilience and mortality. Fear, anger or depression can be especially severe in elderly victims who are isolated, have no conﬁdant or live on meager incomes. Fear of losing independence as a result of family members learning about the sexual assault can be a strong deterrent to reporting. Recognizing that the offender may be a family member, friend or caretaker is also important.
The Victim with Disabilities
Persons having mental or developmental disabilities may be confused or frightened, unsure of what occurred, or they may not even understand that they have been exploited and are victims of a crime. In sexual assault cases involving victims with mental or developmental disabilities, using anatomically detailed dolls has proven to be a successful means of communication. Only those speciﬁcally trained in their use should use anatomically detailed dolls. In some cases, offenders may be family members, caretakers or friends who inﬂict repeated abuse because their victims are not able to report the crimes against them.
The Male Victim
It is believed that the number of adult male victims of sexual assault who report the crime or seek medical care or counseling represents only a very small percentage of those actually victimized. Although many adult males do not seek medical care unless they also have been seriously injured, male child victims are now being seen at hospitals in increasing numbers. This increase, in large measure, is a direct result of public education and more stringent child abuse reporting laws throughout the nation.
The male victim may have serious concerns regarding his inability to prevent the assault. There also may be confusion about the nature of his role as victim/participant because of a possible involuntary physiological response to the assault, such as stimulation to ejaculation. Male victims need reassurance that they were the victims of a violent crime which was not their fault, and that other sexually assaulted males have survived to function normally in every way.
The Child and Adolescent Victim
Children are not small adults either physiologically or emotionally. Just as the physical examination protocol for children is different from the protocol for adults, the emotional needs of the child are also different. Children require the services of individuals speciﬁcally trained to provide the crisis intervention, medical examination and long-term treatment that will surely be needed as a result of acute sexual assault or chronic sexual abuse.
Adolescents are experiencing a transition from childhood to adulthood and show extremely variable reactions which may be a reflection of their individual developmental stage. There is no typical adolescent victim, and the approach to each is a challenge for even the most experienced practitioner. Acquaintance or “date rape” may be the most under-reported type of sexual assault. Clearly, access to long-term treatment by speciﬁcally trained individuals is essential for all child and adolescent victims.
The Domestic Violence Victim
Sexual assault by a spouse or other familial is a grave indicator of the danger a victim faces and must be taken seriously. Forced sex is a factor in determining the potential for lethality; a woman who is raped by her partner is more likely to die at his hands. Medical personnel must determine whether the victim is a domestic violence victim so proper services and referrals can be provided.
A victim who has been sexually assaulted by a partner has likely been suffering other forms of violence during the relationship. Many victims keep physical, emotional and sexual abuse hidden from friends and family members for numerous reasons: many religions and cultures prohibit divorce, the victim believes that the abuse is deserved or does not realize a crime has been committed, the victim has no support system, the victim is ﬁnancially dependent upon the abuser, or the victim fears the abuser will harm or take the children.
The Homosexual Victim
Homosexual male and lesbian victims are often reluctant to seek services for a number of reasons. There is concern of encountering barriers of prejudice or homophobia, as well as fears that the assault will not be taken seriously or even perceived as a crime. Many times the homosexual community in a given area is small; this results in limited access to qualiﬁed service providers, and the fear that the entire community will ﬁnd out about the attack. Another consideration is that the victim’s family, friends or co-workers may not be aware of the victim’s sexual orientation. Fears of ostracism by peers and family can be more traumatizing for the victim than the attack.
Bisexual and transgender victims are also at high risk for encountering prejudice and ridicule as a result of reporting sexual assault. Recognizing that sexual assault is always a crime and knowing appropriate referrals for victims who are not heterosexual is essential for all involved.
Victimization Involving Alcohol/ Drugs
Alcohol is the drug most frequently used to facilitate sexual assault. Victims often believe that because they voluntarily consumed alcohol, ecstasy or some other drug, they are to blame for the assault. It is important to understand that intoxication and the resulting diminished abilities are not causes of sexual assault; they are tools used to aid in commission of this crime.
Victims who have ingested a drug or combination of drugs may not be aware that they have been sexually assaulted. Victims may experience unexplainable soreness or injuries or a disheveled appearance. Events described as “dreamlike” or that cannot be remembered at all are strong indicators that toxicology screens are warranted and should be discussed.
Victim Reactions to Sexual Assault
After a sexual assault, victims can experience a range of responses. However, some patterns are especially common. Some victims report that they have repeated and frequent memories of the sexual assault that intrude on their thoughts and cannot be controlled; flashbacks, or a feeling as if they are reliving the sexual assault; nightmares; and difficulty sleeping. In addition, sexual assault victims may experience feelings of being “on edge,” having trouble concentrating, feeling the need to continually watch over their shoulder, or being easily startled (for example, jumping at the sound of someone’s voice from behind). Victims also report that they tend to avoid reminders of the sexual assault, including avoiding places that may resemble the place where they were assaulted; may feel less interested in things that they used to enjoy; and may feel emotionally numb. Victims may also withdraw from social interaction or settings. When these problems persist and disrupt daily life, mental health professionals call this group of symptoms posttraumatic stress disorder (PTSD).
In addition to PTSD, sexual assault victims frequently find that they feel depressed and hopeless about the future, which can lead to thoughts about suicide. Many victims also report that they feel like the sexual assault was somehow “their fault,” resulting in feelings of self-blame and self-doubt. Frequently, sexual assault victims also say that they feel generally unsafe and often have difficulties with trust and intimacy. It is also common for sexual assault victims to have questions about their physical health and develop problems related to their sexual functioning. Lastly, sexual assault victims may resort to using drugs or alcohol to cope with their symptoms.
Women who become victims of sexual assault typically experience the victimization as a traumatic event. There are common reactions to this kind of trauma or shock; but at the same time, each woman responds in her own unique way.
- Fear responses: The most common victim reaction to sexual assault is fear. At the time of the assault, most victims have an overwhelming experience is fear — of being physically injured (beaten, cut, shot, etc.) or even of being killed. Fear responses associated with the assault (to certain sights, sounds, smells, thoughts, etc.) can persists for weeks, months, or even years. Victims who have been assaulted typically avoid anything which reminds them of the assault (places, situations, people, etc.). Some men and women become so fearful that they greatly restrict their activities, even to the point that they are unable to leave their homes or to be left alone.
- Losing control: After experiencing a sexual assault, many men and women fear that they are losing control over their lives. They have been forced to participate in an act that was against their wills. They lost control over their lives at the time of the assault, and this feeling of loss of control may continue after the assault.
- Flashbacks: Victims may re-experience the assault over and over again in their thoughts and/or in their dreams. When this happens, it is almost as though the assault is actually occurring again. This reexperience of the event is called a flashback.
- Trouble concentrating: Sexual assault victims may find that they have trouble concentrating on things. It is as though they cannot keep their minds on what they are doing. This is can be frustrating and add to the sense of loss of control.
- Guilty feelings: The most common source of guilty feelings are the result of self-blame. The victims tells him- or herself such things as, “I should not have been out that late,” or “I should have been dressed differently,” or “If I had been more careful about locking the door, this would not have happened.” Sexual assault victims may also feel guilty about what they had to in order to survive the assault, such as activities the victim felt he or she had to engage in in an effort to save him- or herself from serious physical harm or even death. In some instances, guilty feelings result from the fact that others may have been seriously harmed more than the victim herself. This is referred to as survivor’s guilt.
- Feeling “dirty”: Self-image frequently suffers as a result of the assault. Many victims report feeling “dirty” and may take frequent showers in an effort to feel clean.
- Depression: Another common reaction to sexual assault is a sense of sadness or depression. There may be feelings of hopelessness and despair, frequent crying spells, and sometimes even thoughts of suicide. A loss of interest in activities and things that previously were enjoyable often accompanies these feelings of sadness and despair. Nothing seems like it is fun anymore.
- Disrupted relationships: It is not unusual to see a disruption in relationships with others after a sexual assault. This is, in part, a result of the withdrawn behavior that frequently accompanies sadness and depression. The victim may also feel embarrassment and ashamed about what happened to them. However, the support of friends and family plays a vitally important role in the victim’s recovery from the trauma of sexual assault.
- Loss of interest in sex: After an assault it is not unusual for the victim to experience a significant loss of interest in sexual relations. It is understandable that sexual assault trauma would lead to an avoidance of sexual activity. There may be other factors involved, however. For instance, it is very common for people who are depressed to experience a decrease in libido or sexual drive.
Sexual Paraphilias (Sexual Deviations)
Definition: Receiving Sexual Arousal or Gratification in Response to Objects, Situations, and/or Non-Consenting Partners
Sexual paraphilias are commonly referred to as “sexual deviations”. There are four of these disorders, 1) sexual dysfunctions, 2) paraphilias, 3) gender identity disorders, and 4) sexual disorder not otherwise specified.
The essential feature of a paraphiliac disorder is reoccurring sexual urges and sexually arousing fantasies generally involving: (1) Non-human objects, (2) the suffering or humiliation of oneselfor one’s partner (not merely simulated), or (3) children or other nonconsenting partners.
For some individuals with a paraphilia, the paraphiliac fantasies or stimuli may always benecessary for erotic arousal and are always included in the individual’s sexual activity (including criminal activity).
In others, it occurs only episodically, i.e. during periods of stress. At other times, the person canfunction sexually without the paraphiliac fantasy or stimuli. In some instances, the paraphiliacbehavior may become the major sexual activity in this person’s life.
It is commonly accepted that when an individual is identified as having one paraphilia, there areat least one or more additional paraphilias. These individuals rarely seek treatment on their own; usually they come to the attention of mental health professionals only when their behavior has brought them into conflict with sexual partners or society (i.e. they get arrested for criminal behavior).
Any or all of the paraphilias may be exhibited by an offender during a sexual assault of a victim (adult or child). The following is a comparison of the recognized sexual paraphilias to criminal conduct:
|False imprisonment, assault.
The exposure of one’s genitals to a stranger.
Disorderly (lewd) conduct.
Nonliving objects (fetishes). The individual frequently masturbates while holding, rubbing or smelling the object or asks his partner to wear the object.
|Burglary, theft, rape.
Touching or rubbing against a nonconsenting (or unknowing) partner.
|Assault, battery, sexual battery.
Producing sexual excitement by mechanical or chemical asphyxiation (hypoxia).
|Accidental death, involuntary manslaughter.
Cutting, alteration, branding, infusion of the genitals (one’s own or another’s)
|Assault with a deadly weapon, kidnapping, sexual battery, mayhem.
|Penetration by foreign object.
The person is aroused by being humiliated, beaten, bound, or otherwise made to suffer.
|Disorderly conduct; prostitution.
Sexual arousal with corpses.
|Burglary, unauthorized mutilation, theft.
Exclusive focus on part of a body (living).
|Sexual battery, assault, assault with a deadly weapon.
Sexual attraction to another who is legally a child (prepubescent child).
|Rape, lewd or lascivious acts with a child, oral copulation, penetration by foreign object, sodomy, annoying children, child pornography, kidnapping.
Piercing of the body.
|Assault with a deadly weapon, sexual battery, mayhem, tattooing.
Receiving sexual arousal or gratification inresponse to another’s suffering (physical orpsychological).
|Rape, oral copulation, sodomy, penetration by foreign object, assault with a deadly weapon, kidnapping, murder.
Talking lewdly, on the telephone, usually to strangers.
|Obscene phone calls.
Cross-dressing, wearing the clothing of the opposite sex.
|Disorderly conduct, prostitution, theft, burglary, robbery.
|Assault, false imprisonment.
Observing unsuspecting people who are naked or engaging in sexual activity.
|Disorderly conduct; “peeping” and prowling.
|Sexually assaulting an animal.
Texas law covers a long list of sex crimes, from rape and sexual assault to statutory rape and indecent exposure. They are all serious offenses, but among the most serious is involuntary deviate sexual intercourse. Similar to rape, it’s a crime centered around forcible sexual intercourse. Penalties can be severe, especially if a child is involved.
If you are facing involuntary deviate sexual intercourse charges in the Houston area, contact Houston Lawyer Charles Johnson, an experienced involuntary deviate sexual intercourse defense attorney in Texas. Call today. It is important to start working on your defense right away.
We Defend All Sex Crime Charges
Our sexual assault defense practice helps people charged with, but not limited to:
- Child molestation, possession of child pornography, sexual assault
- Statutory rape, sodomy, rape
- Deviant sexual assault, sexual misconduct, enticement of minors
A conviction can mean jail or prison time as well as thousands of dollars of fines. A conviction can also require lifetime registration as a sexual offender. These sex offender registrations are open to the public including family members and employers. Failure to register as a sex offender can result in new convictions and incarceration.
Through training and experience we have a unique view and ability to handle theses types of cases. These types of cases have unique and special rules that other types of cases do not. We have experience to deal with those issues such as:
- Special hearsay rules for child witnesses
- Dealing with forensic interviews by law enforcement or therapists.
- Interpreting clinical medical exams such as SAFE exams.
- Obtaining and using evidence of prior instances of abuse from state agencies.
- Dealing with the child witness on the witness stand.
No matter what type of sex crime you are charged with, we will respect your dignity and work to protect your reputation.
Hire the Best Sexual Assault Lawyer: Houston Criminal Lawyer Charles Johnson
Sexual Assault is a serious, life-changing event and allegation, which is why the courts take the claims so seriously. However, too frequently, there is a lack of evidence and witnesses that helps the criminal defense attorney working for the defendant to win the case. A defendant may sometimes avoid prosecution and punishment simply by just claiming a rape, molestation, attempted rape or other sexual assault act never happened.
Sometimes the prosecutor’s office is so inundated with cases that your personal case may not receive the attention it deserves. With extensive expertise in the area of sexual assault, good criminal defense lawyers are in a unique position to predict the probable legal maneuvers of the defendant’s lawyers and to address and challenge those maneuvers before they become an issue or a possible way for the defense lawyers to win their client’s case.
For this reason it is an extremely smart idea to hire the best criminal defense attorney to ensure your case is given the time and importance it should have. Contact Houston Lawyer Charles Johnson directly at (713) 222-7577 now to discuss your case. He is available around the clock to take your call.
Download “Charged with Sexual Assault? Protect Your Future With the Leading Houston Sex Crimes Lawyer” in PDF Format
Related News Stories – Sexual Assault Arrests in Houston, Texas
Houston teacher arrested for sexual assault
A teacher was arrested today on the campus of a Harmony school in Houston today on charges of super aggravated sexual assault to a child. Milton Cole allegedly forced his stepdaughter to twice perform oral sex on him , once when she was four years old in ...
Chron - Feb 18 2015
Humble Police arrest man for felony sexual assault
Humble Police arrested a man for felony sexual assault after the victim reported to police he allegedly attacked her in a local hotel room. Humble Police arrested Johnny Martinez, 22, in the 9800 block of Humble Westfield Road on Jan. 17. “The victim ...
Your Houston News - Jan 22 2015
Charles Johnson |
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If you have been charged with Assault in Houston, you may face serious jail time. When facing criminal charges it is crucial that you act quickly in retaining skilled legal representation to defend you. Your selection of attorneys is a critical choice; few criminal defense attorneys have the background and experience as the legal team at The Charles Johnson Law Firm. With extensive experience in all manner of Assault charges, your best interests are aggressively protected in court. Your case will be carefully analyzed to determine the strategy that will be employed to seek a better outcome for the client, no matter how serious the offense.
It does not take much for an altercation or argument to escalate and involve the police. Some people may believe that an Assault charge consists of a violent fight between two individuals but this is not always the case. In Texas, Assault can include an attempt to hurt someone physically. In some instances, prosecutors have decided that the slightest touch is enough to file assault charges. Additionally, the law does not require the alleged victim to sustain an actual injury.
Whether you are facing a first assault offense or are charged with a serious felony assault, your case will be carefully reviewed and analyzed to determine if any errors or violations of your rights have taken place during the arrest, through the chain of custody of evidence, in lab procedures or other aspect of the case that opens the door to a successful court challenge. It is vital that you do not engage in any discussions, questioning or interrogations without first contacting Houston Assault Lawyer Charles Johnson to protect you. Make the call immediately after your arrest. You can call Attorney Johnson anytime night or day and speak with him directly at (713) 222-7577.
Each assault case has individual circumstances and evidence, and some may consider there is little hope. In fact, we frequently discover viable options to defend the case in court and will vigorously defend our client. Our background in the criminal justice system results in a broad understanding of how the prosecutor in the case will proceed and the strategies for staying one step ahead of the moves they make. Your rights will be aggressively protected and our legal team will seek a “not guilty” verdict, dismissed charges, a reduced charge or alternative sentencing, depending on the exact circumstances of your case. Houston Criminal Lawyer Charles Johnson is here to protect you and to fight for you in court.
Assault Charges in Texas
There are several different types of assault charges including but not limited to:
- Assault Causing Serious Bodily Injury
- Assault On A Public Servant, Sexual Assault
- Assault With A Deadly Weapon
- Aggravated Assault
- Sexual Assault
- Assault Family Violence
- Assault On A Child Or Elderly
Assault charges can range from Class C misdemeanors (e.g. assault by contact) to a 1st degree felony; all cases will vary based on the facts and criminal history of each defendant. On the lower end of the spectrum (Class C misdemeanor), the punishment may result in implementation of fines, attendance of anger-management or marriage counseling classes, or deferred adjudication. Higher level misdemeanors could result in jail time or probation. Felony cases may result in probation or prison time. Depending on your criminal history and the actual charge, you may be eligible for special programs like the Pre-Trial Intervention Program that could result in a dismissal of your case.
Like many states, Texas has reconceptualized rape as an assaultive or violent offense rather than a sexual offense. Like these other states, Texas no long utilizes the term “rape” in its Penal Code. Both types of “rape”, forcible and statutory ,are found in TPC sec. 22.01. and are forms of “Sexual Assault.” These are in ch. 22 “Assaultive Offenses” rather than ch. 21 “Sexual Offenses.”
Both are first degree felonies if the offender and victim are closely related. Otherwise the offenses are second degree felonies. First degree felonies are punishable by imprisonment for life or for any term of not more than 99 years nor less than 5 years. In addition, punishment can include a fine of not more than $10,000. A second degree felony is punishable by imprisonment for not more than 20 years nor less than 2 years, and/or a fine not to exceed $10,000.
Sexual Assault (non-consensual)
The offense that formerly would have been called forcible rape is now found in 22.011 (a) of the TPC.
§ 22.011. SEXUAL ASSAULT. (a) A person commits an offense if the person:
(1) 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;
Note that unlike the common law definition of rape, this statute is gender-neutral, includes sex acts in addition to vaginal intercourse, and has no exemption for rape of a spouse.
Without consent is defined in subsec. (b) in 11 different ways:
A sexual assault under Subsection (a)(1) is without the
consent of the other person if:
(1) the actor compels the other person to submit or participate by the use of physical force or violence;
This is the classic forcible rape scenario. Prior law required the victim to resist and the force had to be such as would overcome “such earnest resistance as might be reasonably expected under the circumstances.” There is no requirement of any resistance in the current statute.
(2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the
present ability to execute the threat;
(3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;
(4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;
(5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;
Drugging the victim is covered in (6) below and, at first glance, it might appear that subsec. 5 is not possible. This portion of the statute is aimed primarily at physicians who exceed the scope of a proper gynecological examination, and the victim is not aware of what is really going on.
(6) the actor has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge;
(7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability
to execute the threat;
The final four subsections deal with the situation where a person has control or unusual influence over the victim and takes advantage of that relationship:
(8) the actor is a public servant who coerces the other person to submit or participate;
(9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by
exploiting the other person’s emotional dependency on the actor;
(10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person’s emotional dependency on the clergyman in the clergyman’s professional character as spiritual adviser; or
(11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2,
Sexual Assault (Statutory Rape)
Forcible rape was a common law offense. Consensual sex with a child was criminalized by a statute by Parliament, and is thus termed “statutory” rape. The Texas version is found in TPC sec. 21.011 (2). It provides that an actor commits an offense if he or she
2) 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.
Note that like the forcible rape version, the statute is gender neutral and includes sex acts other than vaginal intercourse. There is no element of lack of consent .
A child is defined as someone younger than 17 years of age who is not the spouse of the actor. Because the acts are consensual, there is, unlike in the forcible rape version, a spousal exception. Persons under 17 are presumed incapable of giving a valid consent, except when married. Age 17 is referred to as the “age of consent,”–the age at which the law assumes a valid consent can be given.
There is a defense of medical care: “(d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.”
There is also a defense if the offender and victim are close in age, are not close relatives, and the offender does not have certain prior convictions for certain sex offenses. In these situations it is less likely that there is some form of improper exploitation of a young victim by an older predator.
(e) It is an affirmative defense to prosecution under Subsection (a)(2) that:
(1) the actor was not more than three years older than the victim and at the time of the offense:
(A) was not required under Chapter 62, Code of Criminal Procedure, to register for
life as a sex offender; or
(B) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and
(2) the victim:
(A) was a child of 14 years of age or older; and
(B) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.
The statute does not say that the defendant must know that the victim is under 17, and Texas courts have not created such a requirement. Thus, (as in a majority of states) mistake of fact about the victim’s age is not a defense.
Aggravated Sexual Assault
If a sexual assault under sec. 22.011 involves any of the following acts by the offender, the offense is Aggravated Sexual Assault (sec. 22.021 (2):
(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 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 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) administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine [so-called “date rape drugs”] to the victim of the offense with the intent of facilitating the commission of the offense;
It is also an aggravated sexual Assault if the victim is under 14 or an elderly or disabled individual. Aggravated Sexual Assault is a felony of the first degree.
Assault Family Violence
Houston Criminal Lawyer Charles Johnson handles a large number of Assault Family Violence cases, both misdemeanors and felonies. These types of cases typically involve family members but may also include former spouses, domestic partners, roommates, and present/former boyfriends/girlfriends.
Frequently, assault family violence cases involve police officers responding to a call about a disturbance. The police will likely talk to both parties and make an arrest based on whose story they believe or what the evidence indicates. Unfortunately, sometimes, the person arrested is actually the victim and not the aggressor. Other times, a mere accusation of violence may be enough for a criminal case to be filed. Sometimes, penalties for assault family violence may be harsher than normal assault cases and may result in temporary or permanent loss of parental rights.
Unfortunately, having an assault family violence conviction on your record can be used to deny child custody and limit your visitation rights if you are undergoing a divorce or other child custody hearings.
Affidavits of Non-Prosecution
Unlike in TV shows and movies, an assault case cannot be dropped in Texas simply because the victim requests that the charges be dropped. Instead, the right to drop the case belongs to the prosecutor and judge. However, not all hope is lost. Frequently, criminal defense attorneys help the victims in assault cases prepare Affidavits of Non-Prosecution, which express the victims wish that the case be dismissed and may shed some light on the altercation or argument that led to the arrest and filing of charges. While these affidavits can’t guarantee that a case is dismissed, they certainly help in persuading the prosecutor to dismiss the case or reduce the charges.
Protective Orders and Court Ordered Injunctions
In some cases of assault, the prosecutor will request that a court impose temporary protective orders or an injunction to place restrictions on contact between the accused and the victim, or in the case of assault family violence on the other family members. Protective orders may vary, ranging from no contact with the alleged victim, which frequently results in the accused having to find another place to live until the case is resolved or the protective order lifted, or could result in a temporary loss of child custody. A violation of a Court Ordered Protective order is also a serious criminal matter and may result in additional criminal charges filed against the accused.
Aggravated Assault & Assault with a Deadly Weapon
Aggravated assault consists of two different charges: aggravated assault causing serious bodily injury and assault with a deadly weapon, both of which are typically second degree felonies. An aggravated assault causing serious bodily injury occurs when during the course of an assault the victim was seriously injured. It is escalated from a mere slap to the face to a more severe resulting injury. Assault with deadly weapon occurs when the accused is alleged to have exhibited a deadly weapon during the commission of the assault. Deadly weapons can include but are not limited to: baseball bats, BB guns, bottles, clubs, drugs, firearms, knives, motor vehicles, nail guns, and even dustpans and hot water.
However, if you are accused of committing an aggravated assault against someone with whom you have a domestic relationship, or against a security guard, witness, police officer, or public official the charge may be elevated to a first degree felony. If you have any questions about what constitutes assault in Texas or have been charged with assault, feel free to visit us on Facebook and post a question, leave a comment or fill out a free case evaluation form with no obligation
List of Common Texas Assault Charges
• Sexual assault
• Aggravated assault
• Aggravated sexual assault
• Injury to a child, elderly individual, or disabled individual
• Abandoning or endangering child
• Deadly conduct
• Consent as defense to assaultive conduct
• Terroristic threat
• Aiding suicide
• Tampering with consumer product
• Leaving a child in a vehicle
• Harassment by persons in certain correctional facilities; harassment of public servant
• Applicability to certain conduct
Possible Defenses for Assault Charges
Despite what the police might say, being charged by the Police with an offense does not mean that you will be found guilty of that offense. It is also true to say that Police are human and do make mistakes. In some domestic violence cases they may be bound to take action against someone even though they would prefer not to and in other cases they may be biased or act illegally.
There are many reasons why you may be found not guilty by the court, some of which include:
- The police don’t have enough evidence to prove that you committed the offense;
- The police have acted illegally or improperly;
- A witness may not attend court;
- The Police have charged you with the wrong offense;
- Where applicable the Police cannot prove that the injuries amount to actual or grievous bodily harm;
- You are able to rely on a recognised defense.
Self-defense claims are made when a defendant agrees that act of assault occurred, but it also that it was justified by the other person’s threatening actions. A jury must decide that the person accused of the crime acted reasonably. The questions which must be asked include:
- Who was the aggressor?
- Was the defendant’s belief that self-defense was necessary a reasonable one?
- Did the defendant use only the force necessary to combat the aggressor?
Defense of Others
Defense of Others claims are similar to self defense claims. When making such a claim, a defendant agrees that act occurred, but claims that it was justified by the other person’s threatening actions to a third person.
Again, to succeed, a jury must determine that the defendant acted reasonably under the circumstances.
An alibi defense is simply the argument that the defendant could not have committed the crime because that defendant was somewhere else.
One of the best and most common defenses is to challenge the credibility of witnesses including the police. A good attorney will examine all aspects of a witnesses statements, the inconsistencies and the omissions. Witness testimony may be undermined by prior inconsistent statements or rebuttal witnesses that tell a different story.
In any criminal case it is very important to preserve evidence before it gets cold. That means you should hire an experienced and aggressive attorney for your representation as soon as possible. If you do not, your rights could be impaired.
An investigation must be performed which would involve photographing the scene, examining critical evidence and interviewing potential witnesses while their memory is fresh. (A defendant cannot perform these functions by themselves since they may be viewed as tampering with a witness).
Because sexual charges are often based on the word of the accuser, the motivations and background of the accuser are highly relevant to sex crimes defense. Proper investigation and use of psychological experts can uncover facts that can be helpful to your defense.
- Lying about consensual sex. Some may make false charges of sexual assault or rape to cover up consensual sex in order to protect their own reputation from damage to hide casual sexual encounters from friends and family.
- Child custody disputes. A parent may make false accusations of molestation or inappropriate sexual behavior against his or her spouse in order to gain an advantage in family court. Such false charges are a common tactic in divorce and custody cases.
- Financial advantage. A sexual charge is an easy way for an accuser to extort money from a defendant. Celebrities are not the only targets of these schemes. An employee can easily bring such a charge against an employer. We have also seen extortion associated with extramarital affairs.
Suppression of Evidence
If photographs, computer files or other records were obtained from you, there are very strict search and seizure guidelines that the police must follow. Illegally obtained evidence cannot be used against you in court. In sex crimes cases, there are limited circumstances in which incriminating evidence can be suppressed. A motion to suppress is a Constitutional Right and an effective weapon in the hands of an experienced sex crimes defense attorney.
“Taint” can occur when children are subjected to biased and suggestive interviews. Parents, teachers, police and even therapists can ask leading questions such as “daddy touched you there, didn’t he?” Often, the adult conducting the interrogation is not consciously aware of the suggestive nature of the question. Young children, who are eager to please adults, often answer “yes” and even build false memories about events that did not actually occur.
Fighting a criminal case can be very complicated. Did you know that many cases are dismissed on technicalities? The Best Houston Assault Attorney must have knowledge of the court system and know the different personalities of Judges and Prosecutors.
Hire the Best Houston Assault Lawyer: The Charles Johnson Law Firm
Do not hesitate to contact Attorney Johnson if you or one of your loved ones could even possibly be facing any type of Assault charge. Don’t make the huge, regrettable mistake of acting without legal representation, the most foolish course of action when dealing with the criminal justice system.
It is important that you seek legal counsel if you have been arrested for Assault in Houston as soon as possible. Houston Lawyer Charles Johnson is an experienced and skilled lawyer who can help you protect your rights, investigate the evidence, and negotiate with the state to get the charges filed against you reduced or dismissed.
Acting promptly and aggressively is the key to protecting your freedom and ultimate well being. Houston Criminal Lawyer Charles Johnson is available by phone 24 hours a day at (713) 222-7577. He knows how important your case is, and wants to protect you from the very outset.
Why You Need a Skilled Houston Criminal Lawyer When Accused of Assault
by Charles Johnson
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Download “Arrested for Assault? Why You Need a Skilled Houston Criminal Lawyer When Accused of Assault Charges” in PDF Format
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Degrees of assault are defined according to state laws. Legal guidelines range by state, but generally, assault in the first degree is defined as when a person:
- With intent to cause significant bodily injury to another individual, s/he causes serious bodily injury to any person by means of a deadly weapon or perhaps a dangerous instrument; or
- With intent to disfigure another person very seriously and permanently, or to destroy, amputate or disable permanently a member or organ of their body, he or she causes this kind of an injury to any individual; or
- Under situations manifesting severe indifference to the value of human life, he or she recklessly engages in conduct that creates a grave possibility of death to another person, and thus brings about severe physical injuries to any person; or
- In the course of and in furtherance of the commission or attempted commission of arson in the first degree, burglary in the first or second degree, escape in the 1st degree, kidnapping in the first degree, rape in the 1st degree, robbery in any type of degree, sodomy in the 1st degree or some other felony plainly dangerous to human life, or of immediate flight therefrom, s/he causes a significant bodily injury to another individual; or
- While driving under the influence of alcohol or perhaps a controlled substance he or she causes significant bodily injury to the individual of another with a motor vehicle.
Second degree assault could perhaps involve intentional or reckless severe bodily damage to another person, or physical damage to any individual by means of a lethal weapon or perhaps a dangerous instrument. It could possibly involve interfering with a law enforcement officer, emergency responder, or teacher, while performing their responsibilities. If the injury sustained is a lot less significant, it might possibly be classified as assault of a lesser degree, that include "simple assault".
The following is an example of a state statute governing simple assault:
Simple Assault. A person is guilty of assault if he or she:
- Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
- Negligently causes bodily injuries to another with a lethal weapon; or
- Attempts by physical menace to put an additional in fear of imminent significant bodily injuries.
- Simple assault is known as a disorderly persons criminal offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons criminal offense."
Houston Assault & Battery Defense Attorney: The Charles Johnson Law Office
At the Charles Johnson Law Office, our criminal defense lawyer has been defending individuals against charges of criminal assault, domestic abuse, and restraining orders violations for more than a decade. In the event you have been accused of assault, get in touch with our firm to schedule a consultation with an experienced criminal defense attorney. Contact us at 713-222-7577 or toll free at 877-308-0100.
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Assault and battery are two separate offenses. Each may be prosecuted as a misdemeanor or a felony, depending on how the crime was allegedly carried out, the nature of the personal injuries that resulted and the laws of the jurisdiction. If you are confronting a charge of assault or battery, contact a knowledgeable lawyer from the Charles Johnson Law Firm in Houston, Texas to go over your legal rights and remedies.
How are Assault and Battery Defined??
Assault is an attempt to injure a person with force or physical violence. It is also defined as intentionally putting someone in fear or apprehension of such harm. Many jurisdictions include injuring someone in the definition of assault.
Battery is different from assault because it actually results in harmful or offensive physical contact with the victim. Assault can consequently be viewed as an attempted battery.
Typically, battery causes physical injury to the victim. This is not always the case, however. The offensive contact simply might be undesired touching. Usually, though, a defendant is arrested for battery if the alleged victim suffers an injury.
Types of Assault and Battery Penalties
Assault and battery charges can range from misdemeanors to the most serious felonies.
How the defendant is charged can depend on the circumstances of the alleged offense. Many states provide special protection for victims who are members of certain groups that are regarded as more vulnerable. For example, the assault of a child may result in a much longer sentence than the assault of a fellow bar customer. Similarly, assault or battery of the elderly; public servants including firefighters, law enforcement and emergency personnel; educators; handicapped persons; and expectant women might be treated more severely by prosecutors. Assault or battery committed due to the victim’s ethnic background, color, religious beliefs, national origin, gender or sexual orientation are often treated more seriously.
Assault or battery against a spouse or someone with whom the defendant shares a home or romantic relationship can lead to criminal penalties, in addition to a restraining order or protective order preventing the defendant from returning to the home or communicating with the victim.
Assault and battery that occur during the commission of another serious criminal offense will also be treated more harshly. If the defendant is accused of assault while attempting to rob a store, for instance, the punishment is likely to be more severe. Likewise, if the defendant intended to cause serious bodily harm during the assault, the sentence may be longer than if the defendant had not intended serious harm.
Some states have “three strikes” laws, that impose enhanced penalties for habitual offenders (typically those with a third felony conviction). If the assault or battery is charged as a felony, the defendant may be at risk for enhanced sentencing.
Houston Assault and Battery Defense Lawyer: The Charles Johnson Law Firm
A conviction for assault or battery may have some serious consequences, adversely affecting your life far into the future. Each case, however, is different and offers its own defenses. Contact an experienced Criminal Defense attorney from the Charles Johnson Law Firm in Houston, Texas to discuss a strategy for preserving your freedom.
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