Pelley Law Office LLP
Dallas Office
Plano Office
Sherman Office

No Charge For Initial Consultation ($250 value)

Menu Contact

Over 80 Years Of Combined Experience

View Our Practice Areas

Aggravated Sexual Assault

In a case out of the Court of Criminal Appeals that was reversed the appellant defendant was indicted for felony aggravated sexual assault.  The State submitted a jury charge that authorized the jury, should it acquit the appellant of aggravated sexual assault, to convict him of the lesser included offense of aggravated assault, to convict him of the lesser included offense of aggravated assault.  Although the defendant vigorously opposed the inclusion of this charge, the trial court submitted it, and the jury convicted him of aggravated assault, thereby implicitly acquitting him of agg sexual assault.  The defendant appealed his agg assault conviction, arguing that the trial court erred to authorize that conviction for that offense because it was not a lesser included offense of the sexual assault as the latter offense had been alleged in the indictment.  The Court of appeals agreed that as alleged in the indictment, agg assault was not such an offense.  The Court of Criminal Appeals reversed and remanded.

No Comments

Leave a comment
Comment Information

Awards & Recognition

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Locations

Plano office
Sherman office
Dallas office

Plano Office
1312 14th Street, Suite 100
Plano, Texas 75074

Phone: 972-608-0335
Map & Directions

Sherman Office
905 North Travis Street
Sherman, Texas 75090

Phone: 903-813-4778
Map & Directions

Dallas Office
100 Crescent Court
Suite 700
Dallas, Texas 75201

Phone: 214-733-1775
Map & Directions