Board Certified Representation in Williamson County...read more
Board Certified Representation in Williamson County...read more
November 10, 2023
Can You Press Charges If Someone Drugs You? The short answer is YES.
It’s against the law in Texas to drug someone without their consent. This frequently takes place when the perpetrator spikes someone’s drink to commit sexual assault. Anyone who is charged with drugging someone in this manner faces serious criminal charges, as each charge is counted as a felony, and should seek help from a Williamson County criminal defense lawyer immediately.
Generally, if you’re accused of spiking a drink with a drug to sexually assault someone, you’re facing a charge of aggravated sexual assault – a first-degree felony with a minimum punishment of 25 years in prison. In addition to imprisonment, fines may be imposed up to $10,000.
Date rape drugs, such as roofies (also called by the trademark name of Rohypnol), cause extreme muscle relaxation, leading to side effects such as loss of motor coordination, headache, weakness, and slurred speech.
If you’re found guilty of aggravated sexual assault after drugging a victim, you’ll have to register as a sex offender for life. As a result, you can experience major repercussions legally and socially. This may include residency restrictions as well as public notification of the crime.
In some cases, offenders are subject to parole supervision for life, which further limits their freedom even if they’re no longer serving jail time.
As each case differs in its scope, you need to rely on a strong criminal defense. Sometimes, it’s difficult for the prosecutor to prove their case, as they may not have enough evidence.
To prove their case, a prosecutor must show:
Even if you slip roofies into another person’s drink during a party or at a bar, but they did not consume the drink, you can still face charges. As long as the prosecutor can prove that you intended to commit a felony, you can get convicted.
Should you succeed at committing a felony after drugging the victim, additional charges are applied. Naturally, your criminal defense lawyer will scrutinize all aspects of the case to build the best defense, depending on the crime.
For instance, if you intended to render the victim unconscious to commit a misdemeanor, such as indecent assault, then spiking someone’s drink is also considered a misdemeanor crime.
Indecent assault in Texas, known as sexual battery in other states, involves touching someone’s genitals, anus, or breasts or causing intimate body parts to touch without consent. It also includes attempting to expose or expose intimate parts or causing a victim to make contact with another person’s bodily fluids for sexual gratification. This charge is typically a Class A misdemeanor and may lead to a year in jail and a $4,000 fine.
Maybe you’ve been falsely accused of spiking someone’s drink with a drug. If so, you need to remain calm and retain legal counsel as soon as possible. Don’t talk about your charges with the police without a lawyer present. Anything you say can be used against you even when you’re innocent.
Whether you’re falsely accused or not, you need to hire an experienced criminal defense lawyer immediately. They will examine all the evidence so they can determine a strategy for your defense.
For instance, they may be able to show the accuser was drinking heavily before you met up or that the security footage does not show any evidence you tampered with anyone’s drink.
In these cases, it is best to have your legal counsel handle all the communications. With the right defense strategy in place, you’ll have a much better chance of winning your case or reducing pending changes.
If you’re falsely accused, your lawyer will ask direct questions about when and how the victim’s drink was spiked and whether anyone witnessed the activity. Often, an accuser’s story will begin to unravel under closer scrutiny.
Also, it’s important to regard the context of the event. Did the other party seem excessively intoxicated for the amount of alcohol consumed? Were there ample opportunities for someone to slip a drug into the other person’s drink without notice? Your defense attorney might also consider other possible explanations – like mixing alcohol with a prescription drug.
In addition, your lawyer may gather eyewitness accounts from others to build your defense. It’s important to ask open-ended questions so people can give detailed accounts while the event is still fresh in their minds. By taking this approach, your attorney can look for inconsistencies that question the validity of a claim or that may cast doubt on the prosecutor’s evidence or allegations.
In some instances, someone may have drugged your drink, which caused you to commit a crime. This type of stuff just doesn’t happen in movies. It also happens in real life. As a result, you might currently be faced with charges for a crime you don’t remember committing – all of which can lead to a nightmarish experience.
In this case, time is of the essence, as some drugs go through the body fast. Your attorney may request toxicology reports to determine the level of drugs in your system. This may be used to show you were not a willing party in a criminal activity.
Whether you’re accused of drugging someone, or you end up getting drugged and committing a crime, you need to speak over the entire situation with a lawyer. Avoid directly confronting an accuser who is making claims against you. Don’t argue with them or address them. Instead, limit communications so you’re only speaking with your attorney.
You also don’t want to threaten an accuser or post your situation on your social media account. Again, anything you say may potentially be used against you, so it’s important to restrict what you say to official statements made to the police with the support of legal counsel.
While your case is being investigated, you’ll need to speak over your legal options with a lawyer. They will guide you in finding the best steps to take. They can also issue a cease-and-desist letter if you’ve been falsely accused and address your options for addressing slander or defamation.
If you don’t remember committing a crime because you were drugged or you are charged for drugging someone without their consent, your lawyer can craft a defense that will help you present a solid argument and response. They can accomplish this by doing the following:
Contact a criminal defense lawyer if you’re facing criminal charges. In Texas, your go-to legal counsel is R. Scott Magee, Attorney at Law, PLLC. Schedule a consultation today.
Contact R. Scott Magee, Attorney at Law, to receive expert guidance and dedicated representation for your criminal defense case.
Categories: Criminal Defense
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney R. Scott Magee who has more than 15 years of legal experience as a practicing criminal defense attorney.