Sexual Assault Defense Attorney in Tyler

State & Federal Defense for Smith County Residents

A sexual assault charge in Texas is a felony from the moment it’s filed. Prison time, mandatory sex offender registration, and lasting damage to your reputation are all on the table before a single hearing takes place. At Rollings Wood & Pace, we handle sexual assault charges in Smith County District Courts at both the state and federal level, and we bring a full defense team to every case. If you or someone you care about is under investigation or has been charged, don’t speak to law enforcement before speaking with us.

How Texas Law Defines Sexual Assault

Under Texas Penal Code section 22.011, sexual assault occurs when a person intentionally or knowingly causes non-consensual penetration or sexual contact. Consent is the central legal element: Texas law defines specific circumstances under which it cannot legally be given, including incapacitation, unconsciousness, and age. Because the charge turns on this element, the facts of each situation matter enormously.

Sexual assault is typically charged as a second-degree felony, carrying 2 to 20 years in prison and a fine up to $10,000. When aggravating factors are present, the charge escalates to aggravated sexual assault, a first-degree felony with a sentencing range of 5 to 99 years.

Aggravating factors that can elevate the charge include:

• Use of a deadly weapon during the offense
• Serious bodily injury caused to the victim
• The victim being under 14 years of age
• The victim being an elderly or disabled individual

When the alleged victim is under 17, Texas law treats the minor as legally incapable of consenting, and the defendant’s belief about the victim’s age is generally not a defense.

The Consequences That Follow a Conviction

A sexual assault conviction in Texas requires mandatory enrollment in the Texas Sex Offender Registration Program, a publicly searchable database that lists your name, address, and photograph. In a city the size of Tyler, that visibility is immediate and local.

Registered individuals face restrictions on where they can live and work. Proximity to schools, parks, and daycare facilities can sharply limit housing options. Employment in healthcare, education, or any role involving a background check becomes difficult or impossible. Depending on the offense and any subsequent court determinations, registration can last a decade or for life. The practical weight of these restrictions often outlasts the prison sentence itself.

Defense Strategies in Texas Sexual Assault Cases

No two cases follow the same path, and the right strategy depends entirely on the specific facts in front of us. Several approaches come up regularly, and our attorneys examine every available angle before developing a plan.

Consent & Credibility Disputes

When the prosecution can’t prove lack of consent beyond a reasonable doubt, consent is a viable defense theory. Our attorneys analyze the full record of communications, the timeline of events, and any inconsistencies in how the account was reported. Texas law also provides an affirmative defense when the encounter was consensual and the defendant was not more than three years older than the alleged victim, who was over 14.

False Accusation Motives

False accusations can arise in custody disputes, divorce proceedings, or other situations where a party may have reason to fabricate or exaggerate an allegation. We investigate the relationship between the parties, prior disputes, and any circumstances that could explain why an accusation was made. Uncovering those motives can be significant in shaping how a jury evaluates the claim.

Fourth Amendment Suppression

Law enforcement errors don’t end at the scene. Searches of phones, computers, and other electronic devices must comply with constitutional requirements. When investigators exceed the scope of a warrant or conduct a search without legal authority, we move to suppress that evidence. A successful suppression motion can significantly weaken the prosecution’s case, though outcomes always depend on the specific circumstances.

A Defense Team Built for Sexual Assault Cases in Tyler

Sexual assault cases involve forensic evidence, credibility questions, digital records, and third-party opinions that go well beyond what legal analysis alone can address. We assemble a team that includes defense investigators, polygraph examiners, and licensed sex offender treatment providers so nothing is overlooked. That infrastructure is one part of what we bring to these cases.

Our attorneys Brian Rollings and Jeff Wood handle cases at both the state and federal level, covering the full range of charges that can arise from a sexual assault allegation. Licensed sex offender treatment providers are also available for cases where sentencing strategy involves deferred adjudication or conditions of probation. Every resource we bring to a case is focused on protecting your rights and building the strongest possible defense based on the facts.

Reach Out Before You Talk to Anyone Else

The earlier we get involved, the more options may be available. An attorney present from the start of an investigation can challenge evidence before it solidifies into a case, protect your rights during questioning, and take steps that may become unavailable once charges are formally filed. If you’re in the Tyler area or anywhere in Smith County and facing a sexual assault investigation or charge, your first call should be to us.