In Texas, sex crimes are prosecuted severely. Judges, prosecutors, and juries have little mercy for these charges because of their alarming nature. Sentences can be harsh and it is often extremely difficult to get them reduced.
If you’ve been charged with sxual assault, you need an experienced sex crimes lawyer to fight for you.
Edward Estrada is the sexual assault attorney in Tyler, TX you want on your side. He will carefully examine every detail of your charges to develop a robust defense.
Sex crimes or sexual assault take on many different forms in many different contexts, including workplaces, schools, churches, home, and social media. Each type of incident comes with varying consequences depending on the circumstances surrounding the case.
Whatever charges you are faced with, it is vital to hire an attorney who will protect your rights and help ensure you get a fair trial.
How we approach your case and strategically amass a solid defense on your behalf depends on the specifics of the charges you face. Your total cooperation and forthrightness with your attorney is essential to ensure the best possible outcome.
Rest assured you are protected by attorney-client privilege, and you have the freedom to be transparent with us concerning the details of your case.
Below are some of the most common sex crime charges defendants face when they seek our help:
SEXUAL ASSAULT
In Texas, rape and molestation are considered Sexual Assault.
The main factor in determining sexual assault, as well as most other sex crimes, comes down to consent — whether it was given as well as how it is defined.
Consent is more than receiving a simple yes or no. According to Texas law, for example, a child under the age of 17 is incapable of giving sexual consent to an adult. The same is true for someone who is mentally disabled or incapacitated.
If found guilty, Sexual Assault can result in a significant time in jail, ranging from 2 to 20 years. You will also have to pay a hefty fine upwards of $10,000 and register as a sex offender for the rest of your life.
AGGRAVATED SEXUAL ASSAULT
Sexual assault can be elevated to the status of an aggrivated sexual assault in a few circumstances:
- If the actor used a weapon to harm or threaten the victim
- If the actor threatened the victim with physical harm or death
- If the actor used drugs or alcohol to incapacitate the victim
- If the actor had an accomplice
- If the victim was younger than 14 years old
- If the victim was disabled or incapacitated
- If the victim suffered severe bodily injury
Agravated Sexual Assault comes with harsher penalties than Sexual Assault, as you might expect. Punishments include 5 to 99 years in prison, required sex offender registration, and a fine of up to $10,000.
INDECENCY WITH A CHILD
A person can be charged with Indecency with a child for any contact involving the “private areas,” even if the actor and the child remain fully clothed. Penalties for indecency depend on the details of the crime.
Indecent exposure, which involves either exposing yourself or coercing a child to do so, will be charged as a third degree felony. Third degree felonies can result in a prison sentence ranging from 2 to 10 years. Indecent contact, on the other hand, is a second degree felony and comes with a sentence of 2 to 20 years. In either case, you will be required to register as a sex offender.
CONTINUOUS SEXUAL ABUSE OF A CHILD
Continuous Sexual Abuse of a Child is one of the most difficult types of cases to defend and requires the skills of a highly experienced attorney. To be charged, the crime must meet two specific criteria:
- The defendant must be at least 17 years old
- The defendant must have committed two or more sexual acts with one or more children within a period of 30 days
- “Child” in this case is anyone under the age of 14. Even if you believe or were told that the child was older than 14, that misinformation cannot be used as part of your defense. If convicted, probation is not an option.
Penalties for Continuous Sexual Abuse of a Child range from a minimum of 25 years up to life in prison. You will also be required to register as a sex offender for the rest of your life.
POSSESSION OF CHILD PORNOGRAPHY
If you knowingly or intentionally possess or have access to pornographic material involving a child younger than 18 years old, you can be charged with Possession of Child Pornography.
Possession of Child Pornography is a third degree felony and penalties range from 2 to 10 years and mandatory sex offender registration. If you have at least six identical photos or videos, the state will assume that you plan to distribute the material, which may result in a more severe sentence.
ONLINE SOLICITATION OF A MINOR
If a person over 17 communicates sexually with or sends sexual material to a minor via email, text (sexting), social media, or another online medium, the actor can be charged with Online Solicitation of a Minor. You may also be charged with this crime if you attempt to solicit a minor to meet you or someone else for the purpose of sexual contact.
If the minor is at least 14 but younger than 17, the crime is charged as a third degree felony (2-10 years in jail). If the minor is younger than that, the crime becomes a second degree felony (2-20 years).
POSSIBLE DEFENSES
As an experienced criminal defense lawyer, Edward Estrada is equipped to handle your case, no matter how complex. Even the seemingly minutest detail could be the difference between a severe penalty and a reduced sentence, or even dismissal. That’s why it’s essential to contact him immediately to discuss the details of your case and get highly valuable legal advice.
Some of the many possible defenses we can present, depending on the circumstances of your case, include the following:
- In a sexual assault case, if the age gap between the defendant and the victim equals or is less than 3 years, this could result in a reduced sentence or dropped charges.
- In the case of indecent contact with a minor, the alleged sexual contact has to be proven that the intent was to gratify sexual desires. We may be able to argue that the contact was unintentional or otherwise not intended to satisfy sexual desires.
- In many cases, consent can be difficult to define and determine. If lack of consent is not provable beyond a reasonable doubt, it becomes a solid defense in your case.
- In cases such as Possession of Child Pornography or Online Solicitation of a Minor, a prosecutor’s case may rise and fall depending on how the evidence was acquired. If the defendant’s 4th Amendment rights were violated during the “search and seizure,” the evidence found may not be admissible in court. This suppression of evidence could result in a significantly reduced sentence or a dismissal of all charges.
- We can discuss other possible defense strategies when we hear the details of your case.
Schedule A Free Consultation
If you are facing criminal charges, you need a lawyer who knows what he is doing. Edward Estrada will give your case the attention it needs and will do everything possible to ensure that you receive the fair trial you deserve.
Contact Estrada Law today to schedule a free initial consultation.
