San Antonio Crimes Against Children Attorney

Penalties for Crimes Against Children in Texas

Offenses involving children carry some of the harshest penalties in the Texas criminal code, with mandatory minimum sentences and lifetime registration requirements:

• Second-degree felony: Indecent contact with a child is punishable by two to 20 years in prison and up to $10,000 in fines. Sex offender registration is mandatory for life.
• First-degree felony: Sexual assault of a child carries five to 99 years or life in prison and up to $10,000 in fines, along with mandatory sex offender registration.
• Enhanced first-degree felony: Aggravated sexual assault of a child under six has a mandatory minimum of 25 years in prison with no possibility of probation.
• Third-degree felony: Online solicitation of a minor is punishable by two to 10 years in prison and up to $10,000 in fines, with mandatory sex offender registration.
• State jail felony: Possession of AI-generated child pornography (fewer than 10 images) carries 180 days to two years in state jail and up to $10,000 in fines.
• Third-degree to first-degree felony: Child pornography charges increase with the number of images, with more serious charges for promotion or distribution.
• State jail to second-degree felony: Child endangerment penalties vary based on whether the conduct was reckless or intentional and whether serious injury occurred.

Collateral Consequences

Beyond prison time and fines, a conviction may result in sex offender registration, restrictions on where you can live and work, prohibition from contact with minors (including your own children), loss of professional licenses, and the inability to vote or own firearms, along with immigration consequences (including deportation) for non-citizens.

Defense Strategies for Cases Involving Crimes Against Children

These cases call for thorough investigation and strategic challenges to the prosecution's evidence and procedures. Here are some of the defenses we might raise on your behalf:

False Allegations

Children's statements can be influenced by resentful parents amid custody battles, coaching by adults with ulterior motives, misunderstandings of innocent behavior, or attempts to deflect blame for their own actions.

We’ll investigate the circumstances surrounding the initial disclosure, examine the relationships between accusers and alleged victims, and look for evidence of bias or manipulation.

Lack of Evidence

Many cases rely largely or entirely on uncorroborated statements without physical evidence, medical findings, or witnesses. Texas law allows convictions based solely on the victim’s testimony if they’re under 18, but we’ll cast doubt on the legitimacy of their statements through careful cross-examination and investigation.

Illegal Searches and Seizures

Computer searches, home searches, and device seizures must comply with the principles of the Fourth Amendment. We’ll review whether officers had valid warrants and probable cause and followed required procedures. Illegally obtained evidence can be suppressed, severely weakening or dismantling the prosecution's case.

Forensic Evidence Challenges

Digital forensics in child pornography cases is prone to error, including incorrect attribution of downloads to specific users, failure to rule out malware, contaminated evidence, or broken chains of custody. Our team will consult with independent forensic analysts to challenge the state's conclusions.

Credibility Issues

The interview techniques investigators use can sometimes lead subjects or create false memories. We’ll assess the reliability of delayed outcry testimony, inconsistencies between statements, lack of corroborating details, and the suggestibility of child witnesses.

Mistaken Identity

Cases centered on online crimes may involve stolen identities, hacked accounts, or shared computer access. We’ll investigate the possibility that someone else had access to devices or accounts attributed to you.

Unconstitutional Interrogations

Your statements can’t be used against you if they were obtained without proper Miranda warnings, through coercive tactics, or after you requested an attorney. Our team will scrutinize every interrogation to identify possible constitutional violations.

Entrapment

Online solicitation cases sometimes involve aggressive law enforcement tactics where officers initiate contact, steer conversations toward illegal topics, and then pressure defendants into criminal conduct they wouldn't otherwise commit. Our skilled legal professionals know how to undermine cases built on police entrapment.

Questionable Medical Evidence

In cases involving allegations of physical contact, medical examinations sometimes show no evidence of abuse or produce findings consistent with innocent explanations. We can consult with independent medical professionals to call the state's interpretation of physical evidence into question.

Why These Cases Require Immediate Action

Accusations of offenses involving children can trigger an array of consequences before formal charges are ever filed. Here’s what might await you:

• CPS investigations: Child Protective Services may remove your kids from your home, restrict contact with loved ones, and conduct invasive investigations into your household.
• Negative public perception: News coverage and social media exposure can destroy your reputation before you've had a chance to defend yourself.
• Disappearing evidence: Digital evidence can be lost, deleted, or corrupted; physical evidence can degrade over time; and witnesses' memories can fade if not recorded.
• Limited time for investigation: Once formal charges are filed, discovery deadlines and trial schedules leave little time for thorough defense preparation.
• Registration requirements: Many offenses prompt mandatory sex offender registration that begins immediately upon conviction.

Many of these consequences are severe and can have lifelong impacts, making it even more important to combat your charges aggressively from the start.

The Legal Process for Crimes Against Children

Law enforcement’s case against you will likely unfold in the following sequential phases:

Investigation

Before making an arrest, law enforcement may conduct surveillance, execute search warrants, or interview potential witnesses. You may not know you're under investigation until officers appear at your door. Having an attorney during this phase can prevent self-incriminating statements.

Arrest and Booking

Following your arrest, you'll be processed at the Bexar County Jail, where officers will attempt to question you about the allegations. Exercise your right to remain silent and request an attorney immediately. Remember, anything you say will be recorded and can be used against you.

Bond Hearing

A magistrate will set bond within 48 hours. These cases often involve high bonds or restrictive conditions, including no contact with minors, electronic monitoring, and surrender of internet-capable devices. Attorney Justin M. Fowlks can argue for reasonable bond conditions that allow you to maintain your employment.

CPS Involvement

Child Protective Services often runs parallel investigations. They may seek an emergency order to remove children from your home or restrict your contact with family members. These proceedings require separate legal attention but can directly affect your criminal case.

Grand Jury Hearing

Felony cases go before a grand jury within a few months of the initial arrest. The grand jury hears only the prosecution's evidence and determines whether to indict. Your attorney may present evidence or testimony to the grand jury in an attempt to prevent formal charges from being filed.

Arraignment

If you’re formally indicted, you'll be required to enter a plea. Most defendants plead not guilty to preserve all defense options while their lawyer reviews the state's evidence.

Discovery

Your attorney will obtain police reports, witness statements, forensic evidence, medical records, and any other evidence the state intends to use against you. This phase often reveals weaknesses in the prosecution's case and opportunities to mount a defense.

Pre-Trial Motions

Your lawyer may file motions to suppress illegally obtained evidence, exclude unreliable testimony, or dismiss your charges based on insufficient evidence. Successful motions could result in reduced charges or even complete dismissal.

Plea Negotiations

Some cases resolve through negotiations with prosecutors. However, many crimes against children carry mandatory minimum sentences and registration requirements that can limit negotiation options. We'll explore all possibilities while preparing for trial.

Trial

If negotiations fail or aren't in your best interests, your lawyer will present your defense to a jury. These trials require careful jury selection, aggressive cross-examination of state witnesses, and meticulous presentation of evidence. The state must prove every element of the alleged offense beyond a reasonable doubt to secure a guilty verdict.

Sentencing or Appeal

If you’re ultimately convicted, we'll argue for the minimum sentence allowed by law and explore grounds for appeal based on any legal errors committed during trial.

‍