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Fort Worth Sexual Assault Attorney
Experienced Sexual Assault Defense in Tarrant County
Very few criminal charges can have such a devastating impact on your future as a sexual assault allegation. Any individual may claim they were sexually assaulted without providing any corroborating evidence. Sadly, sexual assault charges are sometimes based on malicious accusations with a variety of motivations. Even the most improbable or impossible sexual assault accusations can cause the person accused to face severely damaging consequences. You cannot act quickly enough if you are accused of a sex crime. If you live in Fort Worth or surrounding city, then find a sexually based offense lawyer in Tarrant County. James Luster has years of experience defending these cases and before becoming a defense lawyer he prosecuted these cases.
The first idea you need to understand and internalize is that you are coming from behind if you are facing sexual assault charges. The system is designed to create a protective barrier around the "victim." To get past these barriers you need to hire an aggressive and skilled criminal law attorney. James will work tirelessly tearing into your case and protecting you.
It is not too early to consult a lawyer. Our best chance at beating the sexual assault charge and ending this nightmare is getting the charge "No Billed" by the Grand Jury. Do not wait until you are contacted by police or CPS. Do not speak with anyone about the allegation. We have a lot of work to do. So, let's get started, today.
What Is Sexual Assault?
A person may be accused of committing sexual assault in many different ways. Sexual assault can mean someone (the accused) intentionally or knowingly causes the penetration of the anus or sexual organ of another person by any means, and the other person did not consent. Another manner of charging sexual assault is penetration of the mouth of another person by the sexual organ of the actor, without that person's consent. Then sexual assault may be if someone intentionally or knowingly causes the sexual organ of another person (without consent) to contact or penetrate the mouth, anus, or sexual organ of another person.
Sexual assault allegations also include acts alleged against a child victim. This is when someone intentionally or knowingly causes the penetration of the anus or sexual organ of a child by any means. Oral sex is also considered sexual assault. This can be penetration of the mouth of a child by the sexual organ of the someone, or causing the mouth of a child to touch the sexual organ of someone. These child sexual abuse allegations can also arise if someone is accused of making a child engage in sexual conduct, such as causing the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person.
Consent in the Sexual Assault Context
- Sexual assault is without the consent of the other person if the person accused of sexual assault compels the other person to submit or participate by the use of physical force or violence.
- Sexual assault is without the consent of the other person if the person accused of sexual assault 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.
- Sexual assault is without the consent if the person allegedly being sexually assaulted has not consented and the person committing the sexual assault knows the other person is unconscious or physically unable to resist.
- Sexual assault is without the consent of the other person if the person accused of sexual assault 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.
- Sexual assault is without the consent if the person allegedly being sexually assaulted has not consented and the actor knows the other person is unaware that the sexual assault is occurring.
- Sexual assault is without the consent of the other person if the person accused of sexual assault 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.
- Sexual assault is without the consent of the other person if the person accused of sexual assault 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.
- Sexual assault is without the consent of the other person if the person accused of sexual assault is a public servant who coerces the other person to submit or participate.
- Sexual assault is without the consent of the other person if the person accused of sexual assault 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 person accused of sexual assault.
- Sexual assault is without the consent of the other person if the person accused of sexual assault 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.
- Sexual assault is without the consent of the other person if the person accused of sexual assault 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, Family Code.
Consequences of a Sexual Assault Conviction
Sexual assault is usually a Second Degree Felony, but in some circumstances the charge is a First Degree Felony. The most common reason these charges are increased to 1st Degree Felonies is the alleged victim is younger than 14 years old or force is used.
A person accused of sexual assault may face severe damage to their personal, professional, and social life regardless of if they are actually convicted of the crime. Society’s attitude about sex crimes as well as the media hype usually surrounding these types of cases has contributed to the serious penalties and punishments a defendant may face. The consequences of a sexual assault conviction can include:
- Lifetime Sex Offender Registration
- Substantial fines
- Loss of civil rights
- Court ordered rehab
- Loss of employment opportunities
- AIDS/STD testing
- Entry into the Combined DNA Index System (CODIS)
How a sexual assault attorney may help
Experienced sexual assault lawyers do not take reactive approach. Your attorney needs to start investigating and building a case, immediately. Investigation may include witness interviews or gathering forensic evidence (cell phone records). Building your case may include engaging the services of specialized psychologists to conduct evaluations to demonstrate you do not have a psychological profile consistent with a sex offender.
James Luster has defended and prosecuted a long list of sex based offenses. This means he is familiar with the usual "players" in the Tarrant County system, and how those people are supposed to do their job.
Aggravated Sexual Assault Charges
Battling aggravated sexual assault (AGG SEXUAL ASLT) charges means fighting to stay out of prison and trying to escape being branded for life. Even with no criminal history, first-time convictions with these serious sex based offenses can result in long prison sentences and lifetime sex-offender registration. If you or a loved one is facing these kinds of sexual allegations do not brave this fight without a skilled and aggressive criminal defense attorney fighting for you.
When there is so much at stake defending your case, you need a lawyer who is experienced and well trained at handling Texas aggravated sexual assault charges. James Luster is a well-respected Texas criminal defense attorney and a former prosecutor. An aggressive lawyer is necessary to ensure that your rights are protected and your best defense is put forth. Like any felony case, aggravated sexual assault criminal defense can be broken down into three phases of legal representation:
- (1) Pre-indictment;
- (2) Pre-trial; and
- (3) Trial.
James Luster will work from day-one on your case to give you the best defense possible. Often the chances of success in aggravated sexual assault cases can be greatly increased by aggressive representation in the pre-indictment phase. This may include working to get your case indicted as a misdemeanor or even “no-billed” by the grand jury. If the grand jury does indict your case, the pre-trial phase begins and you need a criminal defense attorney that will fight to get your case dismissed and clear your name. If the government cannot be convinced to dismiss your case then you need a criminal trial lawyer that will stand up and fight in the courtroom to get a “not guilty” from a jury. James will battle to win your case and will take a “no prisoners” approach to advocating for you in trial.
As a former prosecutor and aggressive criminal defense attorney, James Luster, has the knowledge, skill, and experience to put forth a smart, aggressive, defense aimed at grinding down the state’s aggravated sexual assault case against you. While the prosecutors and law enforcement are doing their best to build an aggravated assault case against you, James will be working hard on your defense and positioning your case for the best possible result.