San Antonio Sex Crimes Attorney

Texas Sex Crime Penalties

Sex crime allegations in Texas carry some of the most severe penalties in the state's criminal code, often exceeding those for violent property crimes or drug offenses. 

The severity of the charge depends on the nature of the contact, the age of the parties, and whether a weapon or violence was involved:

• Class B & A misdemeanors: Lower-level offenses such as Indecent Exposure (first offense) or Prostitution (first offense) can result in up to 1 year in jail and fines up to $8,000.
• State Jail felony: Certain recording or promotion of intimate material offenses carry 180 days to 2 years in state jail and a $10,000 fine.
• Third-degree felony: Offenses such as Indecency with a Child by Exposure typically carry a sentence of 2 to 10 years in prison.
• Second-degree felony: Serious charges such as Sexual Assault or Indecency with a Child by Contact carry a range of 2 to 20 years in prison.
• First-degree felony: Aggravated Sexual Assault or Continuous Sexual Abuse carries 5 to 99 years or life in prison. Certain cases involving children under six or victims under 14 with threats of death carry a mandatory minimum of 25 years.
• Capital felony: Repeat offenses of aggravated sexual assault against a child can lead to life without parole or even the death penalty.

Sex Offender Registration

In Texas, sex offender registration is a mandatory public obligation that often lasts far beyond the initial prison sentence.

• Registration duration: Most serious or violent offenses, including sexual assault and aggravated sexual assault, require lifetime registration. Less severe offenses may require a 10-year registration period.
• Frequency of reporting: Registered individuals must report to local law enforcement annually, though high-risk offenders or those with multiple convictions may be required to report every 30 or 90 days.
• Public notification: Registration includes the individual's name, address, photograph, and offense details, all of which are made accessible to the public via the Texas Sex Offender Registry.
• Safety zone restrictions: While under supervision, registered sex offenders are generally prohibited from residing within 500 feet of "child safety zones," such as schools, daycare centers, and parks.
• Non-compliance penalties: Failing to register or providing inaccurate information is a separate criminal offense, typically classified as a third-degree felony. Subsequent failures to register can escalate to a second-degree felony.

Defense Strategies That Work

Every sex crime case requires a tailored defense strategy to challenge the prosecution's narrative and protect your rights.

• Consent: In cases involving adults, the most common defense is proving the sexual encounter was consensual, often using text messages, emails, or witness testimony to contradict claims of non-consent.
• False accusations: We investigate potential motives for fabrication, such as child custody disputes, personal vendettas, or attempts to gain leverage in other legal matters.
• Lack of physical evidence: Many sex crime cases rely on "he-said, she-said" testimony. We highlight the absence of DNA, medical reports, or forensic evidence to create reasonable doubt.
• The "Romeo and Juliet" defense: Under Texas law, an affirmative defense may exist for certain statutory offenses if the age difference between the parties is three years or less and the act was consensual.
• Illegal search and seizure: We move to suppress evidence, such as phone data or digital records, if law enforcement obtained it without a valid warrant or exceeded their authority.
• Entrapment: For solicitation or prostitution charges, we examine whether undercover officers induced you to commit a crime you otherwise would not have committed.

The Legal Process for Sex Crime Cases

• Investigation and evidence collection: Following an accusation, law enforcement or agencies such as CPS may conduct interviews and forensic medical examinations. You should never speak to investigators without an attorney present.
• Arrest and booking: Once a warrant is issued, you will be processed at the Bexar County Jail.
• Magistrate hearing: Within 48 hours, you will appear before a magistrate who will set your bond and release conditions.
• Grand jury review: Felony sex crimes must be presented to a grand jury to determine if there is enough evidence for a formal indictment.
• Arraignment: You will enter a formal plea; typically, a "not guilty" plea is entered here to allow your attorney time to review all evidence.
• Discovery phase: Your defense team reviews the prosecution’s evidence, including DNA results, police reports, and witness statements.
• Plea negotiations: Your attorney may work with the District Attorney's office to reduce charges, avoid sex offender registration, or secure deferred adjudication.
• Trial: If no agreement is reached, the case goes to trial, where a jury must decide your guilt beyond a reasonable doubt.

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