Defense of Charge: Second Degree Felony – Serious Sex Offense
Case Result: Dismissed
Felony Offense of Sexual Assault of an Adult in Texas
My client was charged with the Felony Offense of Sexual Assault of an Adult. My client was a former U of H football player who was falsely accused by a woman of rape. Unfortunately, the prosecutors handling this case believed the complainant’s version of the story.
In Texas, a Second Degree Felony shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. In addition, a person adjudged guilty of a Second Degree Felony may be punished by a fine not to exceed $10,000.
Specifically, my client was accused of unlawfully, intentionally, and knowingly causing the sexual organ of the complainant to contact the sexual organ of the Defendant without the consent of the Complainant, namely, the Defendant compelled the Complainant to submit and participate by the use of physical force, violence, and coercion.
In this case, the complainant and my client had an ongoing casual relationship. They would meet from time to time and, on some occasions, engage in sex. My client did not want a serious relationship, but the complainant did want a serious relationship.
On the night in question, my client messaged the complainant and asked if he could go over to her apartment so they could “hang out”. The complainant agreed and said he could come over. When my client arrived, they listened to music, gave each other a massage, and eventually engaged in consensual sexual intercourse. After they had consensual sex, my client explained to her that he would be leaving town for work for an extended period of time. My client works in the oil field and is required to move from state to state for certain jobs. This enraged the complainant, and she started yelling at my client, stating that she was not just “some booty call.”
The complainant called her friend, and they decided that the complainant should call 911 and file a police report. While on the phone with the 911 operator, the complainant stated that my client came over to her apartment, tore her clothes off without her consent, and raped her.
From day one, my client stated that he was innocent. He even volunteered to meet with the grand jury (the grand jury declined to hear his side of the story). After several court settings, I finally convinced the prosecutor to talk to the complainant. While at our next court setting, the prosecutor told me a summary of her conversation with the complainant. There were several inconsistencies between what the complainant told the prosecutor and what the complainant told the investigating detective.
I continued to fight for my client and argue that these allegations were false. After thoroughly reviewing the evidence, I pointed out several key discrepancies in the complainant’s conversation with the prosecutor and the detectives.
Case Dismissed
After a long fight, I was able to convince the prosecutor to dismiss the Second Degree Felony against my client.
If you are charged with a serious sex crime, it is important that you hire an experienced criminal defense attorney who has successfully handled criminal cases involving sexual assault. Results matter and this result of a dismissal saved my client’s life. If you, or a family member has been charged with a sex crime in Texas, contact our criminal defense law office for a consultation immediately.
