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As defined by Lubbock law, sexual battery refers to unwanted touching of another individual in their sensitive areas. Sexual assault offenses have their own definition separate from a violent offense which can overlap. Weapons or just outright hurting somebody can be involved in a sexual offense. They often overlap and often rape becomes violent and if weapons are involved then it can become violent. But because it does not mean that a sexual offense is necessarily a violent offense.
Consensual touching can still be considered a sexual offense. Following a sexual assault conviction. An individual can get probation for as long as 10 years and the risk of prison time of up to 20 years. If you are facing a sexual assault charge in Lubbock, a distinguished sex crimes lawyer can help you combat any penalties you may be facing. Having a Lubbock sexual assault lawyer by your side throughout trial can prepare you for the direction of your case and determine what information is relevant to your defense.
Treatment of Sexual Assault Charges
Prosecutors fight hard for a conviction and if the jury convicts the individual of a sexual assault charge. They are probably looking at a significant period of probation or even prison time. Lubbock sexual assault lawyers have noticed that sexual assault cases are becoming very prominent in the media nationwide. It is getting a lot of press right now and that is kind of firing up the jury pool nationally. If it does come into court and go to trial, the defendant is looking at a serious punishment, if convicted.
Aggravating Factors for a Sexual Assault Charge
An aggravating factor of a sexual assault case is if the alleged act becomes violent. The amount of time the individual was being touched can be an additional aggravating factor. Rape is considered an aggravating factor because it goes beyond inappropriate touching. They are the same as any other sex offense.
Aggravating factors would be the age of the victim, specifically if they were under 17 or a child. Or if there had been prior offenses with this defendant. If the suspect has been convicted previously of a sex offense. It is going to aggravate the level and punishment range of the current accusation. Also, if it was in conjunction with another offense like burglary where somebody breaks into the house. And commits a sex offense, then it is aggravated. If a weapon was involved at all, it is an aggravating factor.
Some of the charges would make it so that the defendant cannot get probation from a judge. They would have to convince the jury to give them probation as punishment if convicted. It would also affect parole eligibility. For example, if somebody is sentenced to prison time and there is an aggravating factor involved, such as a deadly weapon, they would not make parole on a normal schedule. They probably have to complete at least half of whatever time is ordered, if not all of it, before being eligible for parole.
Potential Penalties Following a Rape Conviction
One of the potential penalties for a rape conviction is prison time, depending on the aggravating factors or the person’s criminal history. It could be up to 20 years in prison, life, or probation. If the person is given probation, the judge can still give the person shock time, which is an amount of time that the person is in a county jail before the released to start their probation.
As a condition of the probation, the person would be ordered to be registered as a sex offender. The person has to report to GPS, and every 90 days, disclose their current address and location. Even once the person is discharged from probation or served their time, they will still be a registered sex offender either for life or for a period of time after they are done serving their punishment.
Role of a Lubbock Sexual Assault Lawyer
The role of the Lubbock sexual assault lawyer is to communicate to the client what that client’s options are and to help them through the criminal justice system and they should be the base of that client and the ears and the mouth of that client to the court, to the criminal justice system, to represent them, and to fight for their best interest in that system. Usually that involves, first, trying to get an investigator to help them out, to track down witnesses, to get all the evidence that they can find the benefits to defend them, and then to also negotiate to see if there is a way to resolve this with little to no impact on a defendant’s criminal history or if there is going to be an impact, to try to mitigate it as much as possible.
Consulting an Attorney
It is really important to hire a Lubbock sexual assault lawyer with experience. If the individual is facing a felony trial, they will be dealing with felony prosecutors who have a lot of experience. The client wants an attorney who has experienced that before. They want to find a defense attorney that has equal experience, if not more. It is important to hir an attorney experienced in the local court system. Because knowing the history of a certain judge or the history of how a jury pool in that community who have dealt with certain offenses. Like sex crimes can be helpful in a case.