What to Expect in Court for a Texas Sexual Assault Case

If you or a loved one is facing a sexual assault charge in Texas, it’s understandable to feel overwhelmed by the legal process ahead. Sexual assault is a serious criminal charge, and the consequences of a conviction can be life-altering. Understanding what happens in court can help alleviate some of the anxiety you may feel as the case unfolds. This guide will walk you through the key aspects of a sexual assault case in Texas so you know exactly what to expect when your case goes to trial.

Understanding the Charge

Before stepping into the courtroom, it’s crucial to understand what a sexual assault charge means under Texas law. Sexual assault is defined as any sexual contact with another person without their consent. This includes actions such as unwanted touching, groping, or penetration. The state of Texas treats sexual assault cases with utmost seriousness. A conviction can result in significant prison time, hefty fines, and mandatory registration as a sex offender.

The Courtroom Setting

When your case goes to trial, the first thing you’ll notice is the formal setting of the courtroom. Texas courts are structured and organized to ensure fairness. The judge presides over the case, making decisions and ensuring the trial adheres to legal rules. The defense attorney, representing the defendant, sits on one side of the courtroom, while the prosecutor, representing the state of Texas, sits opposite. A jury of 12 people sits at the front, tasked with determining the defendant’s guilt or innocence based on the evidence presented.

What Happens Before the Trial Starts

Before the trial itself, there are several pre-trial motions and hearings. These are procedural steps to prepare for the trial. The defense and prosecution may file motions to address issues such as which evidence will be admissible in court. These motions are usually discussed in front of the judge without the jury present. While not part of the trial, this phase sets the stage for what will happen later.

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder 

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder 

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney Douglas Wilder 

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

The Trial Process

Once the trial begins, the process follows a structured sequence. It starts with the opening statements, where both the prosecutor and the defense attorney will present an outline of their case to the jury. The prosecutor will explain why they believe the defendant is guilty of sexual assault, while the defense attorney will outline why they believe the defendant is not guilty or how the prosecution’s evidence may be unreliable. After the opening statements, the prosecution will begin presenting their evidence. This includes calling witnesses such as the alleged victim, law enforcement officers, medical experts, and others who can provide relevant testimony. The prosecution will use this evidence to try to convince the jury of the defendant’s guilt. During cross-examination, the defense attorney will have the opportunity to question the prosecution’s witnesses. The goal here is to challenge the credibility of the prosecution’s case and raise doubts about the evidence being presented. The defense may also present witnesses and evidence to support the defendant’s innocence. This could include testimony from individuals present during the alleged incident or experts who can dispute the prosecution’s evidence. In some cases, the defense may argue that the encounter was consensual or that the victim’s testimony is not credible.

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- Forrest Davis

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I hired the Wilder Law Firm to help with my Family Violence Citations due to it’s remarkable reviews, experience in the field and high approval rating! The firm successfully resolved my cases and got both of them dismissed. This has not only given me a greater relief, but I’m happy and excited that I have no record to worry about. Thank you everyone at the Wilder Law Firm for the support and patience with me. I’m very excited."

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My advice– call Wilder Law Firm– they will help you! I had two cases in two different courts and they were able to get both dismissed! Facing these two charges put me in a really hard time for a few months but with the Wilder Law Firm’s help, I was able to put all this past me and move on with a clean record. This was a hard life lesson but I am thankful for the results."

- Rudy Castanon

Jury Deliberation

Once both sides have presented their cases, the trial will conclude with closing arguments. This is the final opportunity for both the prosecutor and defense attorney to summarize the evidence and argue their points. After closing arguments, the judge will instruct the jury on how to consider the evidence. The jury will then deliberate to decide the defendant’s guilt or innocence. The jury’s decision must be based on the standard of “guilty beyond a reasonable doubt.” This is a high standard of proof, meaning the jury must be convinced with no reasonable doubt that the defendant committed the crime. If the jury finds the defendant not guilty, the case ends, and the defendant is acquitted. If the jury finds the defendant guilty, the case moves to the sentencing phase.

Sentencing

If convicted of sexual assault, the sentencing phase follows the verdict. In Texas, sexual assault is considered a second-degree felony. The potential sentence can range from 2 to 20 years in prison, along with fines and mandatory sex offender registration. During this phase, the defense attorney may present mitigating factors, such as the defendant’s lack of a prior criminal record, to attempt to reduce the sentence.

Appeals and Post-Conviction Options

If convicted, the defendant has the right to appeal the verdict. An appeal involves a higher court reviewing the trial to determine if any legal errors were made that impacted the outcome. If the appeal is successful, the case may be returned to the trial court for a new trial or other legal remedies. However, appeals can be lengthy, and not all appeals are successful.

700+ ACQUITTALS, DISMISSALS & REDUCTIONS FOR OUR CLIENTS

Manslaughter

Result: Not Guilty

Assault Family Violence

Result: No Charges Filed

Title IX Accusation

Result: Case Dismissed

Solicitation of a Minor for Sex

Result: Probation

Delivery of a Controlled Substance

Result: Not Guilty

Aggravated Assault with Deadly Weapon

Result: Deferred Probation

Your Rights in Court

Throughout the entire process, it is important to remember that you have rights. These include the right to an attorney, the right to remain silent, and the right to a fair trial. If facing a sexual assault charge, it’s critical to have an experienced attorney by your side to guide you through the process and ensure your rights are protected.

What to Do Next

Facing a sexual assault charge in Texas is a serious matter. The court process can be overwhelming, but understanding what to expect can help you feel more in control. If you’re facing a sexual assault charge, it’s crucial to seek legal help immediately. At Wilder Law Firm, we are dedicated to providing the support and guidance you need during this challenging time. Our experienced legal team will ensure your case is handled with care and attention. Don’t wait. Contact Wilder Law Firm today to schedule a consultation and learn how we can help with your case. We are here to assist you every step of the way.

To learn more about this subject click here: Sexual Assault vs. Sexual Harassment: Understanding the Legal Differences in Texas