How Do I Fight a Sexual Assault Charge in Texas?

 Posted on March 13, 2026 in Criminal Defense

A sexual assault charge is one of the most serious accusations a person can face, and one of the most frightening. The stigma alone can feel overwhelming before a single fact has been tested in court. However, a charge is not a conviction, and the state has to prove every part of its case beyond a reasonable doubt.

If you or someone you care about is facing this situation in 2026, our Marble Falls, TX sexual assault defense lawyer can help you understand your rights and what comes next.

What Does Texas Law Say About Sexual Assault?

Under Texas Penal Code § 22.011, sexual assault means intentional sexual contact or penetration without the other person's consent, or in situations where consent cannot legally be given. In most cases, it is a second-degree felony, which carries a sentence of two to 20 years in prison and fines up to $10,000.

When certain factors make the offense more serious, such as the use of a weapon, serious bodily injury, or the involvement of a child, the charge can become aggravated sexual assault under Texas Penal Code § 22.021, which is a first-degree felony that can carry a life sentence.

Knowing exactly what you're charged with and what the state has to prove is the first step in building a defense.

What Are the Possible Defenses to a Sexual Assault Charge in Texas?

Every case is different, and the right defense depends on the specific facts. That said, several defenses come up regularly in Texas sexual assault cases:

Consent

If the contact was consensual and the alleged victim's version of what happened is inconsistent or contradicted by evidence, that matters. Texas law puts the burden on the state to prove there was no consent, not on you to prove there was.

Mistaken Identity

Some cases rely heavily on eyewitness identification or the alleged victim's account alone. If there are real questions about whether the right person was charged, those questions need to be taken seriously.

False Accusations

Breakups, custody disputes, and financial conflicts can sometimes lead to allegations that don't reflect what actually happened. A thorough look at the background of the accusation can reveal important context.

How Important Is the Physical Evidence in Texas Sexual Assault Cases?

The physical evidence is very important. Sexual assault cases often involve forensic evidence, such as DNA samples, rape kit results, toxicology reports, and physical injury documentation. This evidence has to be collected and handled under specific rules, and any mistake in that process can affect whether the results are reliable or even allowed in court.

It's not enough for the state to say evidence exists. It has to be collected properly, stored correctly, and tested accurately. Every step in that chain matters. A defense attorney who understands forensic science can find weaknesses in the evidence that others might overlook.

Can a Sexual Assault Charge Be Reduced or Dismissed?

Yes, in some cases. If the evidence against you is weak, inconsistent, or was gathered improperly, your attorney may be able to get the charges reduced or dismissed before trial. Motions to suppress evidence, especially forensic evidence that wasn't handled correctly, can change the course of a case dramatically.

Even when a case goes to trial, a strong defense can create reasonable doubt. The state must prove guilt beyond a reasonable doubt, and that burden never shifts to you.

What Are the Long-Term Consequences of a Sexual Assault Conviction?

Beyond prison time and fines, a sexual assault conviction in Texas can affect nearly every part of your life:

• Sex offender registration, which is public and in many cases lasts a lifetime

• Restrictions on where you can live and work

• Loss of certain civil rights, including the right to own a firearm

• Damage to personal relationships, professional licenses, and future job opportunities

• Immigration consequences for non-citizens, including possible deportation

These stakes make it critical to start building your defense as early as possible.

Contact Our Fredericksburg, TX Sexual Assault Defense Attorney Today

Facing a sexual assault charge doesn't mean the outcome is already decided. The evidence has to be examined, the accusations have to be tested, and every weakness in the state's case has to be found and challenged, and Law Office of Russ Alan Baker, PLLC can help. 

Attorney Baker holds a Bachelor of Science degree in Biology, which gives him a real understanding of the scientific evidence that often sits at the center of these cases, including DNA analysis, forensic testing, and toxicology. That scientific background, combined with his reputation as a relentless litigator, means he knows how to take apart complex evidence and fight hard for his clients.

If you're facing a sexual assault charge, don't wait. Contact our Marble Falls, TX sexual assault defense lawyer today. Call 325-216-2006 to schedule a consultation.