Frisco Sexual Assault Defense Lawyer

An accusation of sexual assault threatens to shatter your entire life. The ground beneath you feels unstable, and the future you planned evaporates. You’re facing not just potential prison time, but a label that can follow you forever, impacting your job, your relationships, and your place in the community.

The Texas legal system doesn’t take these charges lightly, and neither should you. But an accusation is not a conviction. There are defenses, there are strategies, and there is hope.

You need someone who understands the gravity of the situation and knows how to fight back effectively. If you’re searching for a Frisco Sexual Assault Defense Attorney, you’ve taken the first hard step. The next step is getting the right help.

Don’t face this alone. Call Whalen Law Office at (214) 368-2560 immediately to discuss your defense.

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Why Choose Whalen Law Office?

When everything is on the line, you need a law firm that brings serious firepower combined with genuine commitment. At Whalen Law Office, we offer nearly 40 years of combined legal experience, focusing heavily on complex state and federal criminal charges. We’ve built a reputation in Frisco and beyond for aggressive, intelligent representation.

Our team provides the extensive resources you might expect from a large firm but maintains the personalized, attentive approach of a smaller practice. We believe you deserve direct access to your attorney. That’s why we utilize a flat fee structure – transparency matters, especially now. You’ll work consistently with your dedicated lawyer, building confidence in your defense strategy.

We handle the tough cases, including intricate federal matters that other firms might shy away from. Our office in Frisco, Texas, is located at 9300 John Hickman Pkwy #501, Frisco, TX 75035.

We know the local courts, and we are prepared to defend your rights vigorously, whether that means negotiating fiercely or taking your case to trial. Client testimonials often highlight our professionalism, clear communication, and relentless fight that achieves results, like securing not-guilty verdicts even after lengthy proceedings.

What Exactly Counts as Sexual Assault in Texas?

It’s helpful to understand what the law actually says. In Texas, “Sexual Assault” is defined specifically, primarily under Chapter 22 of the Texas Penal Code. It’s about non-consensual sexual contact.

Generally, sexual assault occurs under Texas Penal Code § 22.011 when a person intentionally or knowingly:

• Causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent.
• Causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent.
• Causes the sexual organ of another person to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor, without that other person’s consent.

The law also covers situations where the alleged victim cannot consent due to age, mental defect, or intoxication (sometimes including intoxication the accused allegedly caused). There’s also Aggravated Sexual Assault (Texas Penal Code § 22.021), which involves factors like causing serious bodily injury, using or exhibiting a deadly weapon, or the victim being elderly, disabled, or younger than 14.

Who might be accused? The reality is, anyone can face these accusations:

• Current or former romantic partners
• Acquaintances or friends
• Strangers
• Colleagues or professional contacts
• Family members

To secure a conviction, the prosecution must prove every element of the alleged offense beyond a reasonable doubt. This includes proving the specific act occurred, that it was intentional or knowing, and crucially, that there was a lack of consent. Lack of consent is often the most contested element in these cases.

A strong defense strategy often involves creating that reasonable doubt. This might mean challenging the accuser’s credibility, presenting evidence of consent, questioning the timeline or circumstances, or demonstrating flaws in the investigation or evidence collection.

The Fallout: Texas Sexual Assault Consequences

The legal penalties for a sexual assault conviction in Texas are severe, designed to punish and deter. A conviction doesn’t just mean fines and jail time; it triggers a cascade of consequences that can redefine your life long after any sentence is served.

Under Texas law, Sexual Assault (as defined in § 22.011) is typically classified as a second-degree felony. A conviction carries potential penalties outlined in Texas Penal Code § 12.33:

• Prison Sentence: 2 to 20 years in state prison.
• Fine: Up to $10,000.

Aggravated Sexual Assault (under § 22.021) is even more serious, classified as a first-degree felony. The potential penalties under Texas Penal Code § 12.32 include:

• Prison Sentence: 5 to 99 years, or life imprisonment.
• Fine: Up to $10,000.

Beyond these baseline penalties, one of the most significant and lasting consequences is mandatory registration as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. This registration can last for life, severely restricting where you can live, work, and even travel. Your name, address, and photograph become publicly accessible information.

But the damage doesn’t stop with the legal system. Consider the non-legal fallout:

• Reputation: Your personal and professional reputation can be irrevocably damaged, even if you are ultimately acquitted. The accusation alone carries a heavy stigma.
• Career: Many professions bar convicted felons, especially those convicted of sex offenses. You could lose professional licenses and find future employment extremely difficult.
• Relationships: Friendships, family ties, and romantic relationships often strain or break under the weight of such accusations and potential convictions.
• Housing: Finding housing can become challenging due to registry restrictions and landlord background checks.
• Civil Lawsuits: You might also face civil lawsuits from the accuser seeking monetary damages.

Sexual Assault Accusations in Frisco: The Local Picture

While Frisco boasts a generally lower violent crime rate compared to national averages, including a reported rape rate significantly below the U.S. average (around 0.16 per 1,000 residents versus 0.38 nationally), this doesn’t mean sexual assault isn’t a serious issue here. Official statistics often fail to capture the full picture, as sexual assault is widely recognized as an underreported crime.

Statewide Texas data provides context: a large majority of reported sexual assaults (around 73.6%) occur in private residences or homes, not in public spaces. This aligns with national trends where assaults are frequently perpetrated by someone known to the victim.

While specific Frisco “hotspots” for sexual assault aren’t publicly mapped, crime data often shows clusters near commercial hubs and denser residential areas like apartment complexes, potentially including corridors like Stonebrook Parkway, Main Street, or areas along Preston Road and Legacy Drive. This suggests that many accusations likely arise from interactions within these familiar environments.

Furthermore, Texas data highlights that young adults, particularly those aged 15-19, represent the largest group of reported victims. Given Frisco’s demographics and proximity to educational institutions, accusations involving younger individuals, potentially current or former partners, are common scenarios defense attorneys encounter.

How We Defend You Against Sexual Assault Charges

Knowing the severe consequences and the local context underscores the absolute need for a robust defense. Law enforcement and prosecutors in Collin County and surrounding areas pursue these cases vigorously. Facing these charges without experienced legal counsel puts your entire future at risk. You need advocates who will challenge the narrative against you.

At Whalen Law Office, our approach to defending against sexual assault allegations is comprehensive and proactive. We don’t just react to the prosecution; we build your defense from the ground up. Here’s how we fight for you:

• Thorough Investigation: We don’t rely solely on the police report. Our team conducts an independent investigation, seeking out overlooked witnesses, inconsistencies in the accuser’s story, and evidence that supports your innocence or casts doubt on the allegations.
• Challenging Evidence: We meticulously examine all physical and digital evidence. This includes scrutinizing forensic reports (or the lack thereof), analyzing text messages, social media communications, emails, and any other data that provides context or contradicts the accusation.
• Examining Consent: Many sexual assault cases hinge on the issue of consent. We explore all avenues to demonstrate that consensual activity occurred, or that the accuser’s claim of non-consent is questionable based on their actions, communications, or motivations.
• Questioning Procedures: We evaluate whether law enforcement followed proper procedures during the investigation, interviews, and evidence collection. Constitutional rights violations can lead to evidence suppression.
• Negotiation and Litigation: While always prepared for trial, we explore all options. If a favorable negotiation or dismissal is possible, we pursue it aggressively. If trial is necessary, we bring our extensive courtroom experience to bear, presenting a compelling case to the judge or jury.
• Protecting Your Rights: Throughout the process, we ensure your constitutional rights are protected, including the right to remain silent and the right to counsel.

Your Next Moves Matter: Protecting Your Rights After an Accusation

Once you become aware that you might be accused or investigated for sexual assault, every action you take (or don’t take) can impact your case. Panic is understandable, but strategic action is far more productive. Here’s what you should prioritize:

1. Invoke Your Right to Silence: This is paramount. Do not speak to law enforcement, investigators, or the accuser or their representatives without your lawyer present. Politely state that you wish to remain silent and will not answer questions without legal counsel. Anything you say can potentially be twisted or used against you.
2. Preserve Potential Evidence: Think carefully about any digital or physical evidence that might be relevant. Save text messages, emails, direct messages on social media, voicemails, photos, videos, or receipts that could establish timelines, show your location, demonstrate the nature of your relationship with the accuser, or otherwise support your defense. Do not delete anything, even if you think it looks bad – let your lawyer decide what’s useful.
3. Stay Off Social Media: Avoid posting anything about the situation, the accuser, or even seemingly unrelated details about your life. Social media posts can be easily misinterpreted or used out of context by the prosecution. It’s generally best to limit or suspend your activity altogether while the case is pending.
4. Avoid Contact with the Accuser: Do not attempt to contact the accuser directly or indirectly (through friends or family) to discuss the situation, apologize, or try to “clear things up.” This can be misconstrued as witness tampering or intimidation.
5. Gather Information for Your Lawyer: Write down everything you remember about the incident(s) in question, including dates, times, locations, potential witnesses (even if they weren’t present for the alleged event but know about your relationship with the accuser), and any prior interactions. Bring all preserved evidence and your notes to your initial consultation with Whalen Law Office.

The sooner you bring this information to us, the sooner we can start building your defense.

Take Control: Your Frisco Defense Starts Now

An accusation feels like losing control. But hiring the right legal team is the first step toward regaining it. Don’t let fear paralyze you or hope that the problem will just disappear. It won’t.

You need skilled, aggressive representation immediately. At criminal defense law firm in Frisco, TX we understand the stakes. We are ready to fight for your rights, your freedom, and your future.

Your defense begins with one phone call. Contact Whalen Law Office today at (214) 368-2560 for a confidential consultation.

Contact us

Whalen Law Office – Frisco Location

9300 John Hickman Pkwy #501
Frisco, TX 75035
P: (214) 368-2560