Aggravated sexual assault is one of the most serious charges in the Texas Penal Code, for adults and juveniles alike. A juvenile facing this charge is at significant risk of commitment to the Texas Juvenile Justice Department, transfer to adult court, lifetime sex offender registration, and consequences that can define the rest of their life. If your child has been accused of aggravated sexual assault, securing experienced legal representation immediately is not optional. It is essential.

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Attorney Jerry Acosta brings more than 20 years of experience in Texas juvenile law, a background as a former judge, and 10 consecutive years of Super Lawyer recognition to every case. He is a member of the Harris County Criminal Lawyers Association, the Houston Bar Association, the Mexican-American Bar Association, and the Texas Criminal Defense Lawyers Association. When the stakes are this high, experience like that matters.

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What Is Aggravated Sexual Assault Under Texas Law?
 

Under Texas law, sexual assault becomes aggravated when certain circumstances are present. A person commits aggravated sexual assault if they commit sexual assault and:

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• Cause serious bodily injury or attempt to cause the death of the victim or another person
• Place the victim in fear of death, serious bodily injury, or kidnapping

• Use or exhibit a deadly weapon

• Act in concert with another person who assists in the commission of the offense

• Administer a substance to the victim without their knowledge that impairs their ability to resist

• The victim is younger than 14 years of age

• The victim is elderly or disabled

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​Aggravated sexual assault is a first-degree felony in Texas, carrying the most serious penalties available under state law.

How the Juvenile System Handles This Charge
 

Because aggravated sexual assault is a first-degree felony, it receives the most serious treatment in the juvenile justice system. Possible outcomes include:
 

• Commitment to the Texas Juvenile Justice Department for a determinate sentence
• Certification to stand trial as an adult
• Intensive probation with mandatory sex offender treatment
• Mandatory sex offender registration
• An incident that was reported by a third party rather than the alleged victim

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The determinate sentencing system in Texas allows a juvenile adjudicated for aggravated sexual assault to receive a sentence that begins in the juvenile system and transfers to the Texas Department of Criminal Justice (TDCJ) when the juvenile reaches age 19, if the court determines that continued juvenile supervision is inadequate. This means your child could face adult prison time even if they are tried in juvenile court.

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The Risk of Certification to Adult Court
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For a charge as serious as aggravated sexual assault, the risk of certification to adult court is real and significant. If your child is 14 or older, prosecutors may move to have them tried as an adult. A conviction in adult court carries mandatory registration as a sex offender for life, significant prison time, and all the consequences that come with an adult felony record.

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Having served as a judge, Jerry Acosta understands exactly how certification decisions are made and what courts weigh most heavily in these hearings. We present comprehensive evidence about your child’s background, developmental history, mental health, family environment, and capacity for rehabilitation to argue that the juvenile system is the appropriate forum for this case.​

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Sex Offender Registration Consequences
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A juvenile adjudicated for aggravated sexual assault faces the very real possibility of sex offender registration, potentially for life. Registration affects where your child can live, where they can go to school, and what employment they can pursue as an adult. It creates restrictions that follow a person into every area of their life.

We work from the very first day to minimize the risk of registration and to preserve every option for having registration requirements reduced or removed in the future.

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Defense Strategies for Aggravated Sexual Assault
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We build every defense from the ground up, based on the specific facts of your child’s case. With 20 years of juvenile law experience and a background on the bench, we bring a level of preparation and strategic insight that makes a real difference. Defense approaches may include:

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Challenging the Evidence
Aggravated sexual assault cases are often built on a combination of witness testimony, medical evidence, and forensic analysis. We scrutinize every piece of evidence, retain independent experts when appropriate, and challenge evidence that was gathered unlawfully or that does not support the prosecution’s theory of the case.

Disputing the Aggravating Factors
The difference between sexual assault and aggravated sexual assault often comes down to specific aggravating factors such as the use of a weapon, the age of the alleged victim, or the presence of serious bodily injury. If those factors cannot be proven, the charge may be reduced, which can significantly change the possible outcomes.

Examining Consent and the Circumstances

In cases involving teenagers of similar ages, questions of consent, maturity, and the nature of the relationship are critical. We examine the full context of the relationship between the parties and present that context to the court.

Challenging Forensic and Medical Evidence
Law enforcement and child protective services investigators are required to follow specific protocols when investigating child sex offense allegations. If those protocols were not followed, evidence may be suppressed or the reliability of the investigation may be called into question.

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Investigating Law Enforcement Conduct
If law enforcement violated your child’s constitutional rights during the investigation or arrest, including conducting an unlawful search, failing to advise your child of their rights, or interrogating your child without a parent or attorney present, we move to suppress evidence and challenge the integrity of the investigation.​

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Fighting Certification to Adult Court
Keeping your child in the juvenile system is often the single most important goal in an aggravated sexual assault case. We present a thorough and compelling case at the certification hearing and advocate vigorously for your child to remain under juvenile jurisdiction.

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The Role of Expert Witnesses
 

In aggravated sexual assault cases, expert witnesses can play a critical role in the defense. Depending on the facts of the case, we may retain experts in forensic medicine, child psychology, digital forensics, or social media analysis to challenge the prosecution’s evidence and support the defense theory of the case. Expert testimony can be the difference between a life-altering adjudication and a successful defense.

Supporting Your Family Through the Process
 

An aggravated sexual assault charge is traumatic for the entire family. Beyond the legal defense, we help families understand the process, prepare for each stage of the proceedings, and access appropriate mental health and support resources. Our representation does not end when the case is resolved. We continue to advise on record sealing, expunction, and registration removal at every available opportunity.