Aggravated Sexual Assault of a Child Under 6 Years of Age
A sad boy standing in a hallway.
Out of all the criminal charges one could face in Texas, few are as serious as a sexual assault against a child. Aggravated Sexual Assault of a Child Under 6 Years of Age is one such charge.
Mr. Starr recently tried an Aggravated Sexual Assault of a Child Under 6 years of age to a jury in the State of Texas v. Nermin Dubravac, in the 401st Judicial District Court Collin County, Texas Case No.: 401-81374-2019. The case resulted in a hung jury—not guilty—and Mr. Dubravac walked free.
Mr. Dubravac was offered 40 years in the penitentiary with no possibility of parole but he fought his case. Before you hire an attorney, ask him or her to show you the last time that they actually tried a first degree felony to a jury. Most attorneys NEVER take cases to a jury trial—they are simply plea attorneys.
How does the Texas Penal Code define “aggravated sexual assault of a child”?
According to Texas Penal Code § 22.021. Aggravated Sexual Assault, a person commits a crime if he or she “intentionally or knowingly”:
- “(i) causes the penetration of the anus or sexual organ of a child by any means;
- (ii) causes the penetration of the mouth of a child by the sexual organ of the actor;
- (iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
- (iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
- (v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor […]”
The age of the child at the time of the alleged assault is an important distinction. For children under 6 years of age, there are enhanced penalties.
Consequences of a Conviction
The penalties for this crime are particularly harsh. A conviction will completely destroy a person’s life.
In Texas, an aggravated sexual assault conviction is considered a felony of the first degree. This type of felony ordinarily carries a minimum sentence of five years.
However, for aggravated sexual assault of a child under 6 years of age, the minimum prison sentence is 25 years. At the absolute very least, that’s two-and-a-half decades behind bars, away from your family, your friends, and your life.
Anyone who is convicted could face more than the minimum sentence. Factors such as a prior criminal record may come into play. The maximum sentence is 99 years.
A boy sitting against a brick wall with his head down.
Sex Offender Registry
A conviction means more than decades behind bars. Upon release, individuals are required to be on both the National Sex Offender Public Website and the Texas Public Sex Offender Website. These registries contain a convicted person’s:
- Full name and any aliases
- Physical description
- Details about the conviction
Being a registered sex offender limits employment opportunities, places you can frequent, where you can rent, and even your relationship with your own minor children.
Convicted persons may also have to pay a monetary fine. For a felony of the first degree, the amount could be up to $10,000.
Defense Against False Charges
Sometimes, these allegations are the product of an adult who has a devious agenda.
Caregivers, parents, and other relatives may coerce or encourage a child to make a false accusation. Sadly, these situations often arise during a heated custody dispute, to prevent one parent from having a relationship with their own child. However, any adult who spends time with young children can be falsely accused.
Aside from any physical evidence, charges of aggravated sexual assault of a child almost always rely on one person’s testimony—the child’s. Even law enforcement and Child Protection Services can ask questions in a way that leads a young child to answer or respond in a certain way. The thought of a child being abused is horrendous. Professionals will search high and low to find the abuser, even when an abuser may not exist or they put the blame on the wrong adult.
If you even have any inkling that accusations could be coming your way, don’t wait for an arrest or a visit from Child Protection Services. Contact an experienced sex crimes attorney right away. Even if the police haven’t contacted you yet, they could be busy building a case against you. You want to get a head start on your defense and legal representation.
And if you are arrested for aggravated sexual assault of a child under 6 years of age, the first thing you need to do is hire an attorney. These are charges that neither the general public nor the court system takes lightly.
Find the Right Sex Crime Attorney in Collin County, TX
Unfortunately, our society equates an arrest or charge with being “guilty.” As a compassionate and experienced criminal lawyer, Mr. Kent Starr knows differently. Many people find themselves victims of false allegations and hidden agendas. Anyone charged with a crime deserves competent legal representation and to have their case heard by the courts.
Just the thought of spending 25 years behind bars is crushing. But some other attorneys are easily intimidated by the prosecution or just plain inexperienced. They don’t know how to fight hard for you. And, they certainly don’t want to go to trial, even when it’s in your best interest. These types of attorneys may tell you that a plea bargain of a minimum of 25 years is the “best” that you can hope for in this case.
Why Choose Attorney Kent Starr?
Mr. Starr’s work ethic and experience set him apart from other sex crimes attorneys in Plano, TX. There are several good reasons why you should choose Attorney Starr to represent you.
#1. Attorney Starr won’t accept just any plea bargain that you’re offered.
Mr. Starr has a very different approach than many other Plano criminal defense attorneys. He will not rest until the best possible outcome for your case is achieved. That could be a reduction in charges or even an acquittal.
And yes, he will go to trial if that is what is in your best interest. The thought of a trial can be daunting, but he will be with you every step of the way for legal guidance and emotional support.
#2. Attorney Starr has experience with first degree felony charges.
Mr. Dubravac faced criminal charges after his young daughter started saying some disturbing things. He actually brought his daughter to Child Protection Services looking for help.
But instead of receiving assistance, Mr. Dubravac was falsely accused of harming his own child. Thanks to Attorney Starr’s skilled defense during the trial, he is now a free man. Watch this client’s video testimonial.
This man is just one of Mr. Starr’s many satisfied clients. On Google, Starr Law, P.C. has a 4.9/5.0 rating.
#3. Attorney Starr is a bail bondsman.
Attorney Starr is also a bail bond attorney and is available 24/7. One call gets you out of jail and starts your legal representation.
If you face charges of Aggravated Sexual Assault of a Child Under 6 Years of Age, there is no time to waste. Call us at 214-982-1408 or contact us online to schedule a free consultation.