San Antonio Sexual Assault Attorney

Assert your right to remain silent immediately and contact a defense attorney before speaking to police or investigators. Anything you say before retaining counsel can be used against you. At Hernández Dauphin Legal, P.C., we conduct a thorough independent investigation and refuse to rush cases. We consult psychologists and other expert witnesses to evaluate and challenge the evidence behind the allegations, examine possible motives for false accusations, and build a defense tailored to the specific facts of your situation.

Sexual assault cases in San Antonio are prosecuted by the Bexar County District Attorney’s Office and proceed through the Bexar County district courts, often involving grand jury review before a formal indictment is filed. Attorneys who know how that process unfolds locally can identify weaknesses in the prosecution’s case earlier. Both of our attorneys are former judges with direct experience in the local court system, giving them insight into how evidence is evaluated and how prosecutorial arguments are received in these courts.

Sex crimes in Texas range from misdemeanor offenses to serious felonies under Texas Penal Code Chapters 21 and 22. The specific charge shapes the defense strategy, the potential penalties, and the urgency of early legal action. We defend clients facing charges including:

• Rape
• Sexual assault
• Aggravated sexual assault of a child
• Indecent Exposure
• Prostitution
• Possession, distribution, or creation of child pornography
• Solicitation
• Lewd/lascivious acts with a minor
• Lewd acts in a public place

Sexual assault under Texas Penal Code Section 22.011 is typically classified as a second-degree felony, carrying 2 to 20 years in state prison and fines up to $10,000. When aggravating factors are present, the charge can escalate to a first-degree felony under Texas Penal Code Section 22.021, with a sentencing range of 5 to 99 years or life imprisonment.

• Second-degree felony: 2 to 20 years in state prison and fines up to $10,000.
• First-degree felony: 5 to 99 years or life imprisonment, triggered by factors such as victim age, weapon use, or other aggravating circumstances, with fines up to $10,000.
• Sex offender registration: A conviction requires mandatory registration as a sex offender in Texas, affecting housing, employment, and ongoing law enforcement monitoring. A conviction can also expose the defendant to civil lawsuits from the victim.

Few criminal offenses carry the social stigma that sex crimes do. The damage begins at accusation, not conviction, which is why immediate legal representation is essential.

Aggravating and mitigating factors influence not only sentencing but also plea negotiations and overall case strategy from the outset. Our attorneys’ former judicial backgrounds give them direct insight into how courts weigh these factors when evaluating a case.

Aggravating factors that can elevate charges or increase sentencing include:

• Use of force, coercion, or weapons
• Injury to the victim
• Victim vulnerability, including age or disability
• Multiple offenders
• Prior criminal history
• Sexual assault against a family member

Mitigating factors courts consider include:

• Lack of prior criminal record
• Cooperation with law enforcement
• Evidence of remorse or rehabilitation
• Positive character references
• Mental health considerations

We identify and build the strongest available mitigating case for each client, presenting those circumstances in negotiations and at trial to pursue the best possible outcome.

Every sexual assault case is different, and we don’t apply a one-size-fits-all approach. Our attorneys are former judges who understand exactly how courts evaluate evidence and prosecutorial arguments, which lets us identify constitutional violations, evidentiary weaknesses, and procedural errors that others might miss. Christine Dauphin Hernández’s background as a former prosecutor adds another layer: we know how the prosecution builds its case, which means we know where to look for vulnerabilities.

We conduct thorough independent investigations, consult investigators, psychologists, and other expert witnesses, and take the time to uncover every favorable detail. Common defense approaches we use include:

• Consent defense: Demonstrating the encounter was consensual through communications, witness testimony, or documented evidence.
• Mistaken identity: Challenging the reliability of identification and presenting alibi evidence.
• Challenging accuser credibility: Identifying inconsistencies in the accuser’s account or examining documented motives for a false allegation.
• Questioning evidence collection: Scrutinizing whether evidence was gathered lawfully and whether constitutional rights were violated during the investigation or arrest.
• Burden of proof: When physical evidence is absent or inconclusive, holding the prosecution to its burden and demonstrating it hasn’t met the standard required for conviction.

Sexual assault allegations in San Antonio are investigated by the San Antonio Police Department and prosecuted by the Bexar County District Attorney’s Office. Cases typically proceed through grand jury review before a formal indictment is filed in Bexar County district courts. Understanding how that local process unfolds, and how local courts receive certain types of evidence and argument, matters as much as knowing the law on paper.

Both of our attorneys have served within the local court system as former judges, and Christine Dauphin Hernández brings direct prosecutorial experience as well. We serve clients in both English and Spanish, reflecting the full diversity of the San Antonio community we represent.