In these cases the accused is often questioned by family first, and that secondhand account reaches investigators distorted. An attorney needs to be involved from the very beginning.
These allegations frequently involve family members or people already in some kind of relationship, and that creates a dangerous instinct. The accused gets questioned by family and tries to explain their side of the story.
That is the worst available option. Whatever account is given gets relayed to investigators, who are now working from second- or third-hand information that may have been misunderstood or misinterpreted along the way. It is also important to understand that the investigator questioning you has generally already formed a view of guilt, and treats a denial as part of the defense rather than as information.
These are cases where an attorney needs to be involved from the very beginning. The consequences are too significant to handle alone. Barrera Defense focuses solely on criminal defense and represents the accused from the investigation stage forward.
Citation: Texas Penal Code §22.011 (Sexual Assault); §22.021 (Aggravated Sexual Assault)
Degree and classification: Sexual Assault is a second-degree felony, and first-degree in certain incest-adjacent circumstances. Aggravated Sexual Assault is a first-degree felony, carrying a mandatory 25-year minimum when the victim is under 10, or under 14 with an aggravating factor.
Statutory language: Sexual assault occurs when a person intentionally or knowingly causes the penetration of the anus or sexual organ of another without that person's consent, or commits the same acts against a child. Aggravated sexual assault is the same conduct plus an aggravator: serious bodily injury, deadly weapon use, a victim under 14, an elderly or disabled victim, threats, acting in concert, or an incapacitating substance.