When a sexual assault accusation is made against you, it is essential to consult with an experienced criminal lawyer as soon as possible. Failure to mount a strong defense against charges for a sexual offense can result in harsh punishments, including fines, prison sentences, and sex offender registration. In addition, this type of conviction remains on a person’s criminal record for the rest of their life and often impacts their education, career, and housing opportunities.
Underwood & Associates is here to help you protect your rights and freedom. Our McKinney sex crime lawyer has the knowledge, experience, and resources necessary to help you get your charges reduced or dropped. Even if your alleged offense was committed accidentally or unintentionally, or you were unaware that you were engaging in unlawful activity, you will need an aggressive advocate to avoid life-altering penalties.
Are you facing a sex crime charge in Texas? Call Underwood & Associates today at (214) 544-8040 or contact us online to schedule a meeting with our sex crime attorney in McKinney!
What is Sexual Assault?
Under section 22.011 of the Texas Penal Code, a person may be charged with sexual assault if he or she intentionally or knowingly penetrated, or caused to be penetrated, someone else’s mouth, sexual organs, or anus without that individual’s consent, by any means.
According to section 22.021, an individual who commits sexual assault can be charged with aggravated sexual assault when the offense involves any factors that increase the severity of the act.
Aggravated sexual assault charges result when:
- The victim is 14 years old or younger
- The victim is disabled or elderly
- The victim feared bodily injury, kidnapping, or death
- The offender threatened to seriously injure, kill, or kidnap the victim
- The offender caused serious bodily injury or attempted murder of the victim
- The offender used a deadly weapon during the illegal act
- The offender used GHB, ketamine, roofies, or rohypnol while committing the offense
What are the Penalties for Sexual Assault in Texas?
In Texas, sexual assault is a serious crime that carries severe penalties. The penalties for sexual assault depend on the offense's specific circumstances, including the victim's age and the nature of the sexual contact.
The penalties for sexual assault in Texas are as follows:
- Sexual assault of an adult: Sexual assault of an adult is a second-degree felony in Texas. The penalties for this offense include imprisonment for two to 20 years and a fine of up to $10,000.
- Sexual assault of a child: Sexual assault of a child is a first-degree felony in Texas. The penalties for this offense include imprisonment for five to 99 years or life imprisonment and a fine of up to $10,000.
- Aggravated sexual assault: Aggravated sexual assault is a first-degree felony in Texas. The penalties for this offense include imprisonment for five to 99 years or life imprisonment and a fine of up to $10,000. Aggravating factors can include using a deadly weapon, serious bodily injury, or threats of violence.
- Continuous sexual abuse of a child: Continuous sexual abuse of a child is a first-degree felony in Texas. The penalties for this offense include imprisonment for 25 years to life and a fine of up to $10,000.
It is worth noting that Texas also has a mandatory minimum sentence for certain sexual offenses, including sexual assault and continuous sexual abuse of a child. This means that if a person is convicted of one of these offenses, they must serve a minimum time in prison before being eligible for parole.
Sex Offender Registry Requirements in Texas
In Texas, individuals who are convicted of certain sexual offenses are required to register as sex offenders. The Texas Department of Public Safety maintains the Texas Sex Offender Registry, a public database of sex offenders.
The sex offender registration requirements in Texas vary depending on the specific offense and the victim's age. Generally, individuals who are convicted of sexual offenses against children are subject to more stringent registration requirements.
Here are some of the sex offender registration requirements in Texas:
- Registration: Individuals who are convicted of certain sexual offenses, including sexual assault, indecency with a child, and possession of child pornography, must register as sex offenders with the Texas Department of Public Safety within seven days of their release from incarceration or within seven days of moving to Texas if they were convicted in another state.
- Reporting: Sex offenders in Texas must report their current address and other identifying information to the Texas Department of Public Safety at least once a year and within seven days of moving to a new address. They must also report changes to their employment, education, and vehicle information.
- Community Notification: Texas law allows for the public release of certain information about sex offenders, including their name, photograph, and address. However, the level of community notification varies depending on the offender's risk level, as determined by a court or a risk assessment.
- Duration: Sex offender registration requirements in Texas can be permanent or temporary, depending on the offense and the victim's age. In some cases, individuals can petition for removal from the registry after a certain period of time.
Sex Crime Defenses in Texas
In Texas, individuals accused of sex crimes can defend themselves in court. Several defenses may be used to challenge a sex crime charge, depending on the case's specific circumstances. Here are some of the most common sex crime defenses in Texas:
- Consent: If the alleged victim consented to the sexual activity, the defendant might argue that they did not commit a crime. However, it is important to note that individuals under 17 are generally unable to consent to sexual activity in Texas legally.
- Mistaken identity: In some cases, the alleged victim may have mistaken the defendant for someone else who committed the crime.
- Lack of intent: Some sex crimes require that the defendant had a specific intent to commit the crime. For example, a charge of indecent exposure requires that the defendant intended to expose their genitals in a public place. If the defendant did not have the necessary intent, they might be able to challenge the charges.
- False accusations: Unfortunately, some individuals may make false accusations of sex crimes for personal gain or revenge. If the defendant can show that the allegations are false, they may be able to avoid conviction.
- Police misconduct: If law enforcement officers violate the defendant's rights during the investigation or arrest, such as conducting an illegal search or using coercion to obtain a confession, the defendant may be able to challenge the evidence against them.
It is important to note that the specific defenses that may be available in a particular case will depend on the facts and the charges that have been filed. If you have been accused of a sex crime in Texas, it is important to work with an experienced sex crime attorney in McKinney who can help you build a strong defense and protect your rights.
Contact Our McKinney sex crime attorney today
At Underwood & Associates, we understand that sexual assault allegations arise from various situations and are often based on false memories or accusations. Our McKinney sex crime lawyer is ready to examine your case from every angle to find the right legal strategy to defend against your charges.
Contact Underwood & Associates today to schedule a confidential consultation with our sex crime lawyer in McKinney!
