Sexual assault and other sexually related offenses are very serious in the state system. These offenses carry the potential for a harsh punishment and society places a stigma on those convicted or even charged with sexual offenses. These allegations are not likely to go away without a fight as the victims involved, and the State’s poor view on these crimes, push the State to pursue a conviction. You need to hire competent sexual assault attorneys to ensure a just result.
What Offenses do Sexual Assault Attorneys Handle?
Texas Penal Code Chapter 21 and Chapter 22 cover all sexually related offenses in the state of Texas. These offenses cover multiple instances of illegal conduct, including sexual offenses against children. The following lists the main charges we see in Texas courts:
- Continuous Sexual Abuse of a Child (TPC § 21.02) – this offense occurs when a defendant commits more than one act of sexual assault of a child/indecency with a child over a time period that is longer than thirty days. This offense defines a child as a victim that is younger than 14 years of age. The punishment range for this offense is 25 years to life in prison. There is no parole for a violation of this section.
- Public Lewdness (TPC § 21.07) – this offense occurs when a defendant commits certain sexual acts in public and is reckless about whether others can view the act. Common acts include sexual intercourse and masturbation. This offense is a Class A misdmemeanor and carries a punishment range of up to one year in county jail.
- Indecent Exposure (TPC § 21.08) – this offense occurs if a defendant exposes themselves to another with the intent to gratify their sexual desire and is reckless about whether the other party will be offended. This offense is a Class B misdemeanor and carries a punishment range of up to 180 days in county jail.
- Indecency with a Child (TPC § 21.11) – this offense occurs when a defendant engages in sexual contact with a minor or exposes themselves to a minor for sexual gratification. If the offense is charged as indecency by “contact”, the offense is a second degree felony with a punishment range of 2-20 years in TDCJ. If the offense is committed by exposure, the offense is third degree felony with a punishment range of 2-10 years in TDCJ.
- Improper Relationship with a Student (TPC § 21.12) – this offense occurs when a a teacher or other school employee engages in sexual contact with a student or other minor enrolled at the school. An offense under this section is a felony of the second degree with a punishment range of 2-20 years in TDCJ.
- Sexual Assault (TPC § 22.011) – this offense occurs when a defendant intentionally or knowingly engages in sexual penetration without the person’s consent. The base offense is a second degree felony with a punishment range between 2-20 years in prison.
- Aggravated Sexual Assault (TPC § 22.021) – this offense occurs in two ways: 1) when a defendant intentionally or knowingly commits sexual assault above and causes serious bodily injury, places the victim in fear of serious bodily injury or death, or uses/exhibits a deadly weapon during the commission of the offense or 2) commits sexual assault against a victim that is younger than 14 years of age.
Does a Defendant Have to Register as a Sex Offender if Convicted of Sexual Assault?
Sex crimes carry two separate components that are concerning to defense attorneys. The first is obvious, the potential for conviction and the harsh punishments that can follow. The second is the threat that you will have to register as a sex offender in Texas for years to come. Many times this is one of the biggest issues in a sex crimes case. Sex Offender Registration adds another wrinkle to the criminal case that must be navigated. These looming issues make it important that you hire a competent sexual assault attorney to devise your defense against the criminal charges. Under current Texas law, even probation sentences can carry the requirement of registration.
Our Sexual Assault Attorneys Have Over 50 Years of Experience
Sexual assault and other sexual offenses carry unique considerations for a criminal defense attorney. Each offense will have its own procedures that must be followed, including special hearings for child victim cases, DNA retention and review, and expert witness contacts for specific defensive issues. Sexual assaults are some of the most complicated cases in the Texas criminal system due to the stand alone procedures and trial strategy. Our sexual assault attorneys have handled hundreds of sexual assault cases over the last fifty years. We have obtained dismissals on cases prior to trial and received not guilty verdicts at trial. We understand the defensive strategies for these cases and the procedures an attorney needs to navigate for a good result.
If you have been contacted by law enforcement, or charged with sexual assault, contact competent Houston Sexual Assault Attorneys as soon as you can.
Contact us today to schedule a consultation.