Attempted Sexual Assault (Texas Penal Code Section 22.011)
Defendant came to Flanary Law Firm, PLLC, after losing a trial for attempted sexual assault in the 441st Judicial District Court of Midland County, Texas, and was going to be deported for the offense. After an investigation, the Flanary Law Firm, PLLC, found that constitutional violations had occurred in the defendant’s trial that negatively impacted him and lead to an unfair trial. After winning a Motion for a New Trial with the judge, Donald H. Flanary, III., and his associate, Amanda I. Hernandez, took the defendant’s case back to trial and were able to show the jury that the attempted assault had never been committed, but rather was an attempt to hurt the defendant by the complainant. Defendant was acquitted of the felony charge and was able to lawfully stay in the United States.