Nearly all the states distinguish sexual penetration crimes from sexual contact crimes. Other categories of sex offenses may involve sex where a victim cannot consent or the offender maintains a position of authority over the victim. Because such cases are personally, emotionally and financially damaging, all sexual assault charges are considered serious ones.
What to Do If You Are Falsely Accused of Sexual Assault in Dickinson?
If charged with sexual assault in Dickinson, 24 miles from Galveston, Texas, a person should be sure to take such a charge seriously and act immediately to protect his or her good name. Sexual assault can be a second degree felony under Texas Penal Code § 22.011. This serious charge carries a punishment of imprisonment for as many as 20 years. Moreover, this type of assault can even be a first-degree felony under particular circumstances.
Since federal judges rely upon a complex set of “sentencing guidelines” when they determine the sentence of an individual defendant, a difference in a defendant’s final sentencing can occur if there are federal criminal defense attorneys such as the Dickinson sexual assault attorneys. They will know what to do if you are falsely accused of sexual assault in Dickinson, Texas.
What if You are Charged Twice?
It is possible to be charged in state and federal courts for the same criminal act. Although it is not a regular occurrence, such “double” prosecutions do not technically violate the Constitution. Although it is unconstitutional to place a person in “jeopardy” twice for the same crime, the Courts have long held that the State of Texas and the federal government are “separate sovereigns” for this double-jeopardy rule. So, despite some complications, the solution to the problem of what to do if you are falsely accused of sexual assault in Dickinson is simple: Contact Dickinson Sexual Assault Attorney at Mark Diaz & Associates today.
