Most people usually do not think of burglary and sexual assault as related crimes. But many burglaries are actually sexually motivated. Burglaries themselves are prosecuted harshly in Texas; but if such crimes involve sexual assault as well, they are considered violent crimes. As such, burglary with intent to commit sexual assault is classified as a first-degree felony.
Burglary with Intent to Commit Sexual Assault in Austin
Texas Penal Code Title 7 Chapter 30 provides a description of the legal definitions and elements of the crime of burglary with the intent to commit sexual assault in the State of Texas.
If you are accused of burglary with intent to commit sexual assault, you will want to secure the services of an experienced Austin burglary with assault lawyer immediately to build a defense and fight the charges. Your lawyer knows that in order to be convicted of this crime, the prosecutor must first prove that you either entered a building or habitation without permission or concealed yourself to remain in a building or habitation without permission; then the prosecutor must show that you did so with the intent to commit sexual assault.
A conviction for the first-degree felony offense of burglary with intent to commit sexual assault results in very serious penalties. Those penalties are elevated because the crime of burglary is combined with that of sexual assault. Punishments for sexually motivated burglary in Texas are outlined in the Texas Penal Code Title 3 Chapter 12 as follows:
- Imprisonment in the institutional division for life, or
- Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
- In addition to imprisonment, may receive a fine not to exceed $10,000.
If you or a loved one has been accused and arrested for this crime, it is vital that you have an understanding of the associated Texas state laws to help you fight any unwarranted charges levied against you. The first step you should take is to contact a reputable Texas criminal defense lawyer who knows how to defend against charges of burglary with intent to commit sexual assault; he can build a case for you that will achieve the best possible outcome in your situation.
If you or a loved one is in need of help from an experienced Austin burglary and sexual assault attorney, you should contact the professional, board-certified criminal defense attorney Brian Erskine of Erskine Law. The caring and competent counsel at Erskine Law is available to provide legal guidance in Austin, Texas, and the surrounding area. Contact Erskine Law for more information and a free consultation about your case.