Emergency? Call Now An accusation of sexual assault changes a life before a single court date is set. Reputations, careers, family relationships, and personal freedom can all be placed at risk by an allegation alone, and the consequences of a conviction, including prison time and a lifetime on the sex offender registry, can follow a person for decades.
If you are under investigation or have been arrested in San Antonio or Bexar County, the choices you make in the first days matter enormously. This guide explains how sexual assault cases are charged in Texas, what penalties are on the line, how these cases are actually defended, and what to look for in the attorney you trust with your case.
How Texas Defines Sexual Assault
Sexual assault is defined under Texas Penal Code Chapter 22. In general terms, it covers sexual contact or penetration that occurs without the other person’s consent, or in circumstances where the law treats consent as legally impossible, such as when a person is unconscious, incapacitated, or is a child below the age of consent.
Texas separates these offenses into two main categories, and which one applies shapes everything that follows: the range of punishment, the plea options available, and the registration consequences.
- Sexual assault is a second-degree felony, punishable by two to twenty years in prison and a fine of up to $10,000.
- Aggravated sexual assault is a first-degree felony, punishable by five to ninety-nine years or life in prison. It applies when factors such as serious bodily injury, a weapon, threats, or a very young victim are alleged.
Why These Cases Are Different From Other Felonies
Sexual assault cases are unlike almost any other criminal prosecution. They frequently turn on one person’s word against another’s, with no independent witnesses and sometimes little physical evidence. Allegations may surface days, months, or even years after the events in question, and the investigation often begins long before the accused knows anything is happening.
That reality cuts in two directions. Prosecutors may move forward on a complainant’s statement alone, and a jury may be asked to decide credibility rather than weigh forensic proof. It also means a carefully built defense, one that examines the investigation itself, the complainant’s statements over time, and the surrounding digital record, can expose real weaknesses in the State’s case.
The Consequences of a Conviction Go Far Beyond Prison
- Sex offender registration. Most sexual assault convictions require registration under Texas law, often for life, with public listing, residency limits, and regular law enforcement check-ins.
- Career and licensing. Professional licenses, security clearances, and many employment opportunities become difficult or impossible to keep or obtain.
- Housing. Registration and safety-zone restrictions can eliminate entire neighborhoods as options for where a person can live.
- Family and custody. A conviction can affect parental rights, visitation, and family court outcomes.
- Immigration. For non-citizens, a conviction can lead to deportation and permanent inadmissibility.
What Happens After a Sexual Assault Accusation in San Antonio
- Investigation. Police and the Bexar County District Attorney’s office may interview the complainant and witnesses, collect messages and digital records, and request forensic examinations before contacting the accused.
- Contact from investigators. Detectives may ask the accused to come in for a voluntary interview. Anything said can be used, even when the conversation is described as informal.
- Arrest and bond. If an arrest is made, a magistrate sets bond and conditions, which commonly include no contact with the complainant.
- Grand jury. A felony case must be indicted by a grand jury before it can proceed in district court.
- Pretrial litigation and negotiation. Evidence is exchanged, motions are filed, and the defense and prosecution assess the strength of the case.
- Trial or resolution. The case ends in dismissal, a negotiated outcome, or a jury trial.
How a Sexual Assault Case Is Defended
There is no single playbook. The right defense depends on the facts, the evidence, and the client’s goals, but several approaches come up again and again:
- Consent. When the central question is whether the encounter was consensual, the defense examines messages, behavior before and after, and the complainant’s own statements.
- Credibility and inconsistency. Changes in a complainant’s account across interviews, reports, and testimony can be significant.
- Mistaken identity or false allegation. Motive, timeline, and corroborating evidence are tested rigorously.
- Forensic and medical evidence. DNA results, examination findings, and lab procedures are reviewed, and independent experts are consulted when warranted.
- Investigative and constitutional issues. Unlawful searches, improperly obtained statements, and flawed investigative methods can lead to suppressed evidence.
- Digital evidence. Texts, social media activity, location data, and app records frequently help establish the real sequence of events.
Common Mistakes People Make After an Accusation
- Agreeing to talk with detectives to “explain their side” before speaking to an attorney.
- Contacting the complainant, even to apologize or clear things up, which can lead to new charges or be framed as pressure.
- Deleting messages or social media content, which can be treated as destruction of evidence and badly damage credibility.
- Waiting for an arrest before hiring counsel, giving up the chance to shape the investigation early.
- Assuming a lack of physical evidence means the case will go away on its own.
How a Sexual Assault Defense Attorney Can Help
The earlier an experienced sexual assault defense attorney san antonio is involved, the more options remain open. Representation can begin before charges are ever filed.
A seasoned defense attorney can:
- Communicate with investigators and prosecutors on your behalf so you are not left exposed to a voluntary interview.
- Preserve and analyze digital evidence, witness information, and timelines before they are lost.
- Challenge the State’s evidence, including forensic findings and the way the investigation was handled.
- Pursue bond reductions or modifications while the case is pending.
- Negotiate from a position of strength, including when the facts support a reduced charge or dismissal.
- Take the case to a jury when trial is the right path, and prepare as though it will be from day one.
Del Prado Law has represented San Antonio and Bexar County clients in serious felony cases for more than 39 years. Board-Certified Criminal Law Specialist Mario Del Prado is the former Chief of the Bexar County District Attorney’s Criminal Trial and Major Crimes Divisions, which gives him direct insight into how these cases are built, how prosecutors evaluate them, and where they can be challenged.
You Deserve a Defense That Takes the Accusation Seriously
A sexual assault allegation is not the end of the story, and you do not have to face it alone. If you or someone you love is under investigation or has been charged in San Antonio or Bexar County, contact Del Prado Law. As a Board-Certified sexual assault defense attorney san antonio families have trusted for more than three decades, Mario Del Prado can review your situation in confidence and explain what comes next.
Call 210-663-3750 today for a confidential consultation.