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San Antonio Sexual Assault Attorney

Experienced Sex Crime Defense Representation

EFFECTIVE, SKILLED, AND CREDIBLE DEFENSE FOR SEXUAL ASSAULT CHARGES

When handling these highly sensitive cases, our San Antonio sexual assault attorneys will use whatever tools are necessary to build an effective defense. Sometimes investigators, psychologists, and other professionals must be consulted to provide expert evaluations of our clients.

Sex crimes can be charged after one person makes an allegation, and even if this allegation is completely unfounded, police and investigators will still be required to look into the matter. False sex crime allegations are fairly common, and when people are motivated by anger, jealousy, revenge, or malice, they can decide to do irrational things such as accusing an innocent person of committing a sex crime.

You must have an experienced San Antonio sexual assault attorney on your side defending you at all costs. Contact us online or call at (210) 970-7019 to schedule a consultation.

Commonly Asked Questions

What should I do if I am falsely accused of sexual assault in San Antonio?

If you find yourself facing false allegations of sexual assault in San Antonio, it is crucial to act quickly and seek legal representation. Engaging a knowledgeable attorney who understands the complexities of sex crime cases can help protect your rights and reputation. Your attorney will work diligently to gather evidence, interview witnesses, and build a strong defense strategy tailored to your situation. Remember, false accusations can stem from various motivations, and having a skilled legal advocate by your side can make a significant difference in the outcome of your case.

Why is it important to choose a local attorney for sexual assault defense in San Antonio?

Choosing a local attorney for sexual assault defense in San Antonio is essential for several reasons. Local attorneys have a deep understanding of the regional legal landscape, including the nuances of local laws and court procedures. They are familiar with the judges and prosecutors in the area, which can be advantageous in negotiating plea deals or strategizing for trial. Additionally, a local attorney can provide personalized attention and support, ensuring that you feel informed and empowered throughout the legal process. Their commitment to the community can also enhance their understanding of the social dynamics that may influence your case.

Understanding Sexual Assault in Texas

Depending on the specific circumstances, sex crimes can range from minor misdemeanor offenses to serious, violent, felony offenses. There are a number of different offenses that are considered to be sex crimes, including but not limited to:

Rape
Sexual Assault
Aggravated Sexual Assault w/ a child
Indecent Exposure
Prostitution
Possession, Distribution, or Creation of Child Pornography
Solicitation
Lewd/Lascivious Acts with a Minor
Lewd Acts in a Public Place

Penalties for Sexual Assault Charges in Texas

In Texas, sexual assault charges carry serious legal penalties, which can vary significantly based on the specifics of the case, including the nature of the offense, the age of the victim, and any prior criminal history of the accused. This crime is typically classified as a second-degree felony. However, if certain aggravating factors are present, it can escalate to a first-degree felony charge. The classification affects the severity of the penalties imposed.

Penalties for Second-Degree Felony: If convicted of sexual assault as a second-degree felony, the penalties may include a sentence ranging from 2 to 20 years in a state prison and fines up to $10,000.
Penalties for First-Degree Felony: If the charge is elevated to a first-degree felony, which may occur if the victim is particularly vulnerable (such as a minor) or if there are other aggravating circumstances, the penalties can include a sentence ranging from 5 to 99 years, or even life imprisonment, and fines up to $10,000.
Sex Offender Registration: Individuals convicted of sexual assault in Texas are required to register as sex offenders and may also face civil lawsuits from the victim.

There are very few criminal offenses that carry the social stigma that sex crimes do, and if you have been accused of committing this type of offense it is essential that you hire an experienced legal representative to handle this situation immediately. Individuals who are charged with sex crimes are often shunned by society and can have a very difficult time coping as their charges are being addressed.

At Hernández Dauphin Legal, P.C., we offer a wide range of legal services to individuals facing sex crime charges in the San Antonio area and will pull all our resources to help defend you at all costs.

Aggravating and Mitigating Factors in Sexual Assault Charges

Aggravating and mitigating factors play a crucial role in determining the severity of penalties for sexual assault charges. These factors can influence sentencing, potential plea deals, and the overall outcome of a case.

Here's an overview of the key aggravating and mitigating factors in sexual assault cases:

Aggravating Factors

Use of force or coercion
Injury to the victim
Victim's vulnerability—such as a minor, elderly individual, or someone with a disability—
Multiple offenders
Prior criminal history
Sexual assault against a family member

Mitigating Factors

Lack of prior criminal record
Cooperation with law enforcement
Remorse and rehabilitation
Consent
Positive character references or mental health issues

How Can We Defend You Against Sexual Assault Charges

Common defense strategies for sexual assault charges often center around challenging the prosecution's evidence and establishing the credibility of the accused. One key approach is demonstrating that the sexual encounter was consensual, supported by evidence such as text messages, witness testimonies, or any documented communication between the parties involved. Additionally, arguing mistaken identity—where the accused was not the actual perpetrator—can also serve as a strong defense, especially if there is alibi evidence to support this claim.

Another prevalent strategy involves questioning the reliability of the accuser’s testimony. This may include highlighting inconsistencies in their account or suggesting possible motives for fabricating the allegations, such as revenge or financial gain. Furthermore, the defense may focus on the lack of physical evidence to support the assault claims, arguing that without corroborating evidence, the prosecution has failed to meet the burden of proof necessary for conviction.

If you or a loved one has been arrested for a sexually related crime or any criminal offense, respectfully assert your right to remain silent and contact us immediately for a free consultation and review of your legal rights!

Sexual Assault Attorneys
Serving San Antonio, Texas

Protect Your Legal Rights With Our Firm

Our team, comprised of former judges with over 40 years of combined experience, is uniquely positioned to advocate for your rights. We pride ourselves on our personalized approach, ensuring that each client receives the attention and care they deserve.

Attorneys Juan Carlos Hernández and Christine Dauphin Hernández, bring a wealth of knowledge and a deep commitment to justice. Juan Carlos, with his extensive background as a former criminal magistrate judge, and Christine, who has served as a municipal court judge, both understand the intricacies of the legal system from every angle.

Their experiences shape a compassionate legal advocacy that prioritizes rehabilitation and second chances. As Christine believes, "Everyone deserves a second chance," and we are here to fight for yours. Trust us to navigate this difficult time with you, advocating fiercely to preserve your dignity and freedom.

Get in touch with a San Antonio sexual assault attorney by email or call (210) 970-7019 to set up your consultation.

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- So grateful to have had such an amazing attorney. India
- Christine is trustworthy, knowledgeable and compassionate. She was outstanding at all times. Angelica
- Juan Carlos Hernández and his team truly are the best! Edward

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