Super Aggravated Felonies

Texas is a tough-on-crime state. Often there is a rush to judge people guilty just because they are accused. Nowhere is that more obvious than when someone is accused of the so-called "super felonies" created by "Jessica's Law" in Texas.

If you have been charged with a super aggravated felony, do not wait to obtain legal counsel. Contact Hoelscher Gebbia, PLLC, in San Antonio today.

In Defending These Cases, Experience Matters

Super aggravated offenses are governed by unique laws affecting every aspect of each case. Prosecutors are allowed to use evidence that is normally barred from use in court. Defense attorneys are prevented from using techniques normally available to them. The punishment faced by anyone accused of a super aggravated offense means that death in prison is a real possibility. These cases (continuous sex abuse, super aggravated sex assault, and the repeat sex offender sentencing enhancement) require experienced, dedicated defense counsel who will rush to protect you.

At Hoelscher Gebbia, PLLC, we know what it means to sit with and speak for someone accused of the worst crimes against children. We know that just the accusation of repeatedly raping a young child, for example, can destroy families and ruin lives, even when the accused is innocent. We know how tough these cases are, especially for our clients, because we have fought super aggravated felony cases in the investigation phase, during pretrial motions, and to jury verdict.

Continuous Sex Abuse

Continuous sex abuse (Tex. Pen. Code §21.02) requires two or more acts of sexual abuse against a child under the age of 14 over a period of at least 30 days. Offenses allegedly committed within a 30 day period do not count. However, "sex abuse" includes some offenses that go beyond the common meaning of "sex abuse." So, it includes indecency with a child by contact, sexual assault, and sexual performance by a child, but it also includes aggravated kidnapping or burglary if evidence suggest they had a sexual motive. The instances can involve different children or just one child. Worse, the State doesn't have to prove any particular time or place, and the jury must only agree that two or more instances occurred but can disagree about which instances. An experienced sex crimes lawyer knows how to defend against the moving target the State will create. Joe Hoelscher and Robert Gebbia have experience battling the State's vague accusations and demanding specific evidence.

Super Aggravated Sex Assault: A 3G Offense

Super aggravated sexual assault of a child requires, essentially, sexual contact with a child under the age of 6 or a child under the age of 14 if force was involved or the assault caused a serious bodily injury. No physical evidence is required. The word of a young child is enough for the State to charge someone with this offense and, sometimes, to convict.

This offense is also listed as a "3G" crime in Texas law. The term refers to the Texas Code of Criminal Procedure 42.12 (3) (g), which places aggravated sexual assault in a category with other very serious offenses, including capital murder and aggravated kidnapping. In other words, the stakes in these cases could not be higher.

The attorneys at Hoelscher Gebbia, PLLC, have defended numerous Texans from super aggravated sex assault and other sex crime charges, including high profile cases involving public servants, veterans and teachers.

Sentencing And Repeat Sex Offender Enhancement

Continuous sex abuse and super aggravated sex assault require sentences of 25-99 years or life in prison for a first offense. There is no probation and no parole. However, the punishment for all sex offenses, including the super felonies, increases for repeat sex offenders. A person previously convicted of a sex offense and now charged with another, such as indecency with a child by contact, will face a life sentence with 35 year minimum stay before parole can be considered. If an accused person has a prior sex crime conviction and is accused of a new super felony (continuous sex abuse or super aggravated sex assault), then there is a mandatory life sentence without parole if he is found guilty. Experienced sex crimes lawyers address these harsh sentences by aggressively fighting all stages of their cases. We recognize that for many clients convicted of sex crimes, a mandatory minimum of 25 years without parole is effectively a life sentence.

We Take Pride In Fighting For Those Accused Of The Most Heinous Crimes

Most people run from fires and explosions. First responders run toward them. If you're charged with the kind of crime that makes most people, including most lawyers, run away, contact Hoelscher Gebbia, PLLC. We rush to protect you because we know what will happen if nobody answers your call. Call 210-222-9132 for an emergency consultation today!