Texas Sexual Misconduct Defense Attorney

If you have been informed by the police that you are the subject of a criminal sexual misconduct investigation, you should seek out the help of an experienced criminal defense attorney as soon as possible. What you say and do during the investigation process can mean the difference between your freedom and conviction on sexual misconduct charges. In numerous cases, the sex crime attorneys at the Law Office of David A. Breston have been able to prevent the filing of sexual assault and molestation charges during the investigation and keep the records of our clients clean.

Seek the Counsel of an Experienced Sexual Misconduct Defense Lawyer

If you hire us to represent you, we will want to meet with you face to face to discuss all of the relevant details of your situation. Our defense will begin at this discussion and continue in earnest throughout the entire process.

You should never speak with the police or an investigator without the presence of a lawyer. As an experienced sexual misconduct defense lawyer, David A. Breston generally advises clients against speaking with the police during an investigation. Sometimes, however, meeting with an investigator can prove beneficial. If we do recommend such a meeting, our counsel can prevent you from making critical and irreversible errors that could hinder your defense.

In some cases, we may recommend that you submit to a polygraph test. We can sometimes use this or other evidence to convince the prosecution or a grand jury to “no bill” a case: that is, to not return charges or an indictment.

Throughout the investigation phase of a case, we will continue to develop our theory of defense with intensity and dedication. In matters involving all types of sex crimes – including sexual assault and rape, aggravated sexual assault, child molestation, indecency with a child, indecent exposure, possession of child pornography and other criminal sexual misconduct accusations – the Law Office of David A. Breston believes in proactive and assertive representation of our clients. Our goal is to obtain the best possible results for our clients.

Every accusation of sexual assault should be taken seriously and followed up with diligence. However, studies show that as many as 10 percent of these accusations are false. If you are one of those 10 percent facing a false allegation, there are things you can do to prove your innocence; the very first of which is hiring a Houston sexual assault lawyer.

As previously mentioned, the very first thing you should do is hire a Houston sexual assault lawyer at The Law Offices of David A. Breston. A false accusation of aggravated sexual assault can happen in a bitter break up, or if the person is trying to exact vengeance in some way. No matter the other person’s reasoning, what you can start doing is compiling as much evidence as possible which absolves you of any guilt. If the accuser contends that the incident occurred at a specific time or place, you can piece together phone records and witness statements showing that you were elsewhere at the time.

If you have been falsely accused of aggravated sexual assault, contact an experienced sex crime attorney to ensure that all of your rights to a fair trial are upheld. The Law Office of David A. Breston will uphold “innocent until proven guilty,” and we are diligent investigators of all statements and evidence. Call (713)224-4040 today for your free consultation.

Texas Aggravated Sexual Assault Laws

Sexual assault and aggravated sexual assault is clearly defined in Texas, and the laws are some of the most strict in the country. Aggravated sexual assault is defined as intentionally or knowingly:

  • Causing the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
  • Causing the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
  • Causing the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor.
  • Doing any one of these to a child.

It is an acceptable defense to prosecution if any of these actions consisted solely of medical care, and did not involve genital-to-genital contact in any way.

What Is the Difference Between Sexual Assault and Aggravated Sexual Assault?

Sexual assault is defined as the unwanted touching or penetration of or by the genitals. There are varying penalties depending on how egregious this contact is and the age of the victim, which we’ll cover in just a minute. Sexual assault could be upgraded to aggravated sexual assault if the offender:

  • Caused serious bodily harm or attempted to kill the victim.
  • The offender caused fear of death, serious bodily harm or kidnapping.
  • A deadly weapon was used or brandished during the committal of the crime.
  • The offender had an accomplice.
  • The “date rape drug” was used with the intent on making the crime easier to commit.
  • The victim is younger than 14, elderly or disabled.

Sexual assault is a second degree felony, which is punishable by up to 20 years in prison and a maximum of a $10,000 fine. Aggravated sexual assault is a first degree felony, and an offender could get 99 years – the minimum is 25 years – in prison plus a $10,000 fine.


For a free initial consultation with a sexual misconduct defense lawyer, call the Law Office of David A. Breston at 888-220-4040 or contact us online.