Austin Sexual Assault Lawyer

A sexual assault accusation in Austin threatens your freedom, your career, and your name long before a jury hears any evidence. Under Texas law, a conviction carries years in prison, steep fines, and mandatory sex offender registration that follows you for life. If you serve in the military, the same allegation can also trigger a court-martial with its own set of consequences. The steps you take in the first days after an accusation surfaces often determine the outcome of the entire case.

You do not have to face this alone. Our defense team at O’Connell West, PLLC, offers confidential case evaluations for people accused of sexual assault in Austin and throughout Central Texas. Call 512-547-7265 or contact us online to get started today.

Why Choose O’Connell West, PLLC to Defend a Sexual Assault Charge in Austin

Sexual assault cases are won or lost on preparation, and preparation requires trust between you and your criminal defense team. Unlike most military law firms that operate entirely online, our firm meets with clients face-to-face. When your future is at stake, you deserve to sit across the table from the people building your defense, not a name on a video call.

Our Austin sexual assault attorneys defend both civilian charges in Travis County courts and military charges under the Uniform Code of Military Justice, which matters if your case could move between the two systems. Civilian cases in Austin are prosecuted out of the Travis County District Attorney’s Office, and felony sexual assault charges are heard at the Blackwell-Thurman Criminal Justice Complex on West 11th Street. Knowing which court and prosecutorial unit will handle your case shapes the defense strategy from day one.

We prepare every case as if it will go to trial, and we are honest with you about your options at every stage. You can review our results and read testimonials from past clients to see how we have fought for people in your position.

How Texas Defines Sexual Assault

Under Texas Penal Code § 22.011, a person commits sexual assault by intentionally or knowingly causing sexual penetration or contact without the other person’s consent. The statute lists specific circumstances where consent is legally absent, including situations involving force, threats, unconsciousness, or certain relationships of authority.

The charge becomes aggravated sexual assault under Texas Penal Code § 22.021 when aggravating factors are present, such as the use or display of a deadly weapon, serious bodily injury, or a victim younger than 14. The distinction matters enormously because it changes the range of punishment and can eliminate options such as probation.

Penalties for a Sexual Assault Conviction in Texas

The punishment you face depends on how the offense is charged, and the ranges break down as follows:

• Sexual assault: A second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000.
• Aggravated sexual assault: A first-degree felony punishable by 5 to 99 years or life in prison and a fine of up to $10,000.
• Sex offender registration: A conviction for either offense requires registration under Texas Code of Criminal Procedure Chapter 62, with lifetime registration required in most cases.
• Collateral consequences: A conviction can potentially cost you professional licenses, security clearances, housing options, and custody rights.

These penalties apply even to people with no criminal history. Prosecutors in Travis County pursue these cases aggressively, and they rarely offer favorable outcomes to defendants who wait too long to mount a defense.

Sexual Assault Charges for Service Members

If you are on active duty, in the reserves, or in the National Guard, a sexual assault allegation may be prosecuted under Article 120 of the Uniform Code of Military Justice. A court-martial conviction can mean confinement, a dishonorable discharge, total forfeiture of pay, and federal sex offender registration.

Military prosecutions move differently from civilian ones. The Office of Special Trial Counsel now controls charging decisions in these cases, and the investigation often begins well before you are formally notified. In some situations, a service member can face proceedings in both the military and civilian systems for the same allegation. Our firm handles both, so your defense stays coordinated rather than split between offices that never talk to each other.

What to Do If You Are Accused or Under Investigation

What you do right now can protect your defense or destroy it. If you learn that an allegation has been made against you, take these steps immediately:

• Do not talk to investigators: Politely decline to answer questions from police or military investigators, including the Army Criminal Investigation Division (CID), Air Force Office of Special Investigations (OSI), or Naval Criminal Investigative Service (NCIS), until you have counsel. Anything you say will be used against you.
• Do not contact the accuser: Any message, apology, or explanation can be twisted into evidence of guilt or lead to new charges.
• Preserve everything: Save texts, photos, social media messages, receipts, and location data. Evidence that helps you tends to disappear quickly.
• Write down your timeline: Record what you remember about the relevant dates while your memory is fresh, and share it only with your defense team.
• Get counsel involved early: The period before charges are filed is often the best window to influence whether charges are filed at all.

Frequently Asked Questions About Austin Sexual Assault Defense

Can Charges Move Forward If the Accuser Wants to Drop Them?

Yes. In Texas, the decision to prosecute belongs to the district attorney, not the accuser. A recantation helps the defense, but prosecutors can and sometimes do proceed without the accuser’s cooperation.

How Long Does Texas Have to File Sexual Assault Charges?

In many sexual assault cases, there is no time limit at all. Under Texas Code of Criminal Procedure Article 12.01, prosecution may begin at any time if biological evidence was collected during the investigation and DNA testing shows it does not match the victim or another identifiable person, or if certain aggravating facts exist. Other cases carry a 10-year limitation period.

Will an Acquittal Remove the Arrest from Your Record?

Not automatically. If your case ends in an acquittal or dismissal, you may qualify for an expunction, a court order that erases the arrest from your record, under Texas law, but you must petition the court to get one. Until then, the arrest remains visible on background checks.

Can You Be Tried by Both a Court-Martial and a Texas Court?

Yes. The military and the State of Texas are separate sovereigns, so double jeopardy does not prevent both from prosecuting the same conduct. Coordination between your civilian and military defense is the best way to limit that risk.

Talk to Our Austin Defense Team Today

Every day you wait, the prosecution builds its case while yours stands still. Our team at O’Connell West, PLLC, is ready to meet with you in person, hear your side, and start protecting your future right away. Call 512-547-7265 or contact us online to schedule your confidential case evaluation.