Sexual Assault

Sexual Assault Attorney in Odessa

Confidential Defense For Life‑Changing Accusations

A sexual assault accusation can change your life in an instant. You may be worried about going to prison, being labeled for life, and losing your job and relationships in Odessa. In the middle of that fear, you still have to make quick decisions about your legal rights and your future.

At Sarabia Law Firm, we defend people accused of sexual assault and related sex crimes in West Texas. Our criminal defense team works to protect your freedom, your record, and your reputation while guiding you through a confusing and stressful process. Every conversation with us is confidential, and our first priority is to listen to your side of what happened.

We offer free consultations so you can talk with a local attorney about your charges, your concerns, and your goals before you decide how to move forward. Our offices in Odessa and Midland make it easier for you and your family to meet with us and stay informed as your case moves through the system.

Don't face the Ector County District Attorney alone. Call (432) 224-8036 or reach out online today to learn how our sexual assault attorney can help you move forward.

What is Sexual Assault in Texas

Under Texas Penal Code § 22.011, sexual assault is a specific intent crime. To secure a conviction in Odessa, the Ector County District Attorney must prove several distinct elements beyond a reasonable doubt. If any one of these elements is missing or insufficiently supported by evidence, the case against you cannot stand.

Elements of Sexual Assault

  • Intentional or Knowing Act: The prosecution must prove you acted with a specific mental state—that the contact was not accidental.
  • Physical Act: The law requires proof of penetration of the anus or sexual organ of another person, penetration of the mouth by a sexual organ, or causing the sexual organ of another to contact the mouth, anus, or sexual organ of another (including the actor).
  • Lack of Consent: This is the primary battlefield in most cases. The state must prove the act occurred without the other person's consent.

Proving "Lack of Consent"

The prosecution can prove a lack of consent through various means, including:

  • Force or Coercion: Using physical force, violence, or threats of imminent harm.
  • Incapacity: Knowing the other person was unconscious, physically unable to resist, or unaware the act was occurring.
  • Impairment: Intentionally impairing the other person’s power to control their conduct (e.g., using drugs or alcohol).
  • Mental Condition: Knowing the person has a mental disease or defect that makes them incapable of appraising the nature of the act.

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Penalties for Sexual Assault Convictions in Odessa

Sexual assault is almost always a high-level felony in Texas. The consequences of a conviction in the 70th, 161st, 244th, or 358th District Courts of Ector County are severe and permanent.

  • Sexual Assault (Second-Degree Felony): Generally punishable by 2 to 20 years in the Texas Department of Criminal Justice and a fine of up to $10,000.
  • Aggravated Sexual Assault (First-Degree Felony): If the crime involved a deadly weapon, serious bodily injury, or a victim under 14, the penalty ranges from 5 to 99 years or Life in prison.
  • Enhanced Minimums: If the victim was younger than six years of age, or if certain other aggravating factors are present, the minimum sentence increases to 25 years.
  • Sex Offender Registration: Under Chapter 62 of the Texas Code of Criminal Procedure, a conviction requires mandatory, often lifetime registration as a sex offender, which dictates where you can live and work.

Why Turn To Our Team For Sexual Assault Defense In Odessa

Choosing who will stand beside you in court is one of the most important decisions you will make after an arrest or investigation. You need more than general information about Texas law. You need a defense team that understands how sexual assault cases are viewed in this community and how they move through nearby courts.

Our attorneys are native to the Odessa area. We grew up here, and we have built our practice around serving people in West Texas and the Permian Basin. That local background gives us real insight into how prosecutors, judges, and juries in this region often approach highly sensitive sex offense allegations.

As a private practice firm founded in 2016, we focus on personal attention. We do not treat cases as files that are moved along a conveyor belt. We take time to understand your history, your relationship with the accuser, and the circumstances that led to the charge.

Strategic Defense: How We Fight Back

To beat a sexual assault charge in Odessa, we must utilize the full weight of due process. We don't let the prosecution’s evidence stand uncontroverted. Our defense strategies often include:

  • Challenging Forensic Evidence: We look for flaws in "rape kit" collections and DNA cross-contamination.
  • Digital Forensic Analysis: We use text messages and social media to provide critical context to the relationship.
  • Credibility and Motive: We investigate if an accuser has a motive to fabricate allegations, such as in child custody battles.
  • Constitutional Suppression: We fight to throw out evidence obtained through illegal searches or coerced statements.

What To Do Right Now If You Are Accused Of Sexual Assault

The hours and days after an allegation are critical. What you say and do now can have a lasting impact on your case. Even if you feel that the accusation is false or exaggerated, it is important to act carefully.

Consider the following steps to protect yourself:

  • Do not discuss the details with police without counsel. You have the right to remain silent and to have an attorney present during questioning. Trying to explain your side on your own can sometimes be misunderstood or used against you later.
  • Avoid talking about the case on social media. Posts, comments, and messages are easily saved and may be reviewed by law enforcement or prosecutors. Staying off social media about the situation is often safer.
  • Preserve potential evidence. Save text messages, call logs, social media exchanges, photos, and the names of people who were present before, during, or after the event. These materials can be important when we review what happened.
  • Reach out to a criminal defense attorney as early as possible. The sooner we are involved, the sooner we can help protect your rights, communicate on your behalf, and begin developing a defense strategy.

When you contact our office, we treat your call as confidential from the start. We understand that many people feel embarrassed, scared, or angry about the allegations, and we approach these conversations without judgment. Our goal is to give you clear information and to help you avoid missteps that could hurt your case later.

Talk Confidentially With Our Team About Your Case

If you or someone you care about is facing a sexual assault allegation, you do not have to face it alone. A conversation with a local sexual assault lawyer Odessa can help you understand the charges, the process, and the choices in front of you. Taking that first step often reduces some of the fear that comes from not knowing what will happen next.

At Sarabia Law Firm, we provide confidential, free consultations for people accused of sexual assault and related offenses in Odessa, Midland, and surrounding parts of west Texas. Our native roots in this community, our commitment to personal attention, and our diligent approach to criminal defense guide everything we do. We work to keep you informed, involved, and prepared for each stage of your case.

To schedule a confidential consultation with our team, call (432) 224-8036 or reach out online today.

Take the First Step Towards Your Defense
When your future is on the line, we're here to help. Protect your rights by contacting us now for a free consultation: (432) 224-8036.

Frequently Asked Questions

Will I Have to Register as a Sex Offender if I Am Convicted?

Sex offender registration may apply in some Texas sexual assault cases, but it is not automatic. Whether registration is required depends on the specific charge and the facts found by the court. Because registration can affect housing, employment, and daily life, we explain how it may apply to your case and how different outcomes could change that requirement.

What Should I Do If Police Want to Talk to Me About an Accusation?

If law enforcement wants to speak with you, it is usually best to consult a defense attorney first. You have the right to remain silent and to have a lawyer present. We can advise you on whether to speak, help manage communication with investigators, and reduce the risk of statements being misunderstood or used against you.

How Serious Are Sexual Assault Charges in Texas Courts?

Sexual assault charges are treated very seriously in Texas and are often felonies carrying the risk of prison time, fines, and a permanent criminal record. Additional consequences may include registration requirements and long-term impacts on employment and housing. The possible penalties depend on the charge, alleged facts, and any prior record.

Can You Help If the Accusation Is False or Exaggerated?

Yes. We represent clients who deny the allegations or believe the situation has been misrepresented. We listen carefully to your account, review available evidence, and compare it with the state’s claims. While outcomes can never be guaranteed, we explore all legal options that may support your defense.

What Happens at My First Court Date?

The first court appearance typically addresses procedural matters such as confirming the charge, reviewing bond conditions, and scheduling future dates. We prepare you in advance, appear with you in court, and explain what to expect. Later hearings often focus on evidence and possible resolutions.

How Do You Discuss Fees for a Sexual Assault Case?

Fees are discussed openly during a free consultation. Costs vary depending on the complexity of the case and the work involved. We explain our fee structure, what representation includes, and help you understand your options before you decide how to proceed.

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Why Clients Choose Sarabia Law Firm

What Sets Our Team Apart?
  • Local Advocacy
    We are deeply rooted in your community and understand the local legal landscape. This enhances our ability to effectively represent you, as we are familiar with the nuances of the local courts and legal environment.
  • Comprehensive Support
    From start to finish, we guide you through the entire legal process with unwavering support.
  • Straightforward and Honest Representation
    At our firm, we prioritize transparency. Our goal is to equip you with the clear and actionable advice you need to navigate your legal challenges effectively.
  • Free Consultations
    Take the first step toward a strong defense with our free consultation, providing personalized legal advice and a strategic plan tailored to your unique situation at no cost.

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