Sex Crimes

Southlake Sex Crimes Defense Attorney

The accusation of a sex crime can shatter someone’s life. Texas law enforcement agencies move swiftly alongside prosecutors to build airtight cases against accused sex offenders. If you’re suspected of a sex crime, you must act immediately. The first step is to arrange a discussion of your case with a Southlake sex crimes defense attorney at Barrett Legal PLLC.

Texas police agencies work directly with prosecutors to win convictions that require mandatory prison sentences and lifelong sex offender registration. A Southlake sex crimes defense lawyer at Barrett Legal PLLC can intervene quickly to challenge the accusations against you.

Now or in the future, if you are charged with a sex crime or involved in a sex crime investigation, don’t speak with police officers or investigators unless your attorney is present. You can call Barrett Legal PLLC at 817-512-7044 to schedule a discussion with an experienced Southlake sex crimes defense attorney.

Sex Offense Classifications: Misdemeanors

Texas laws categorize sex offenses based on the alleged use of force, the age of the parties involved, consent, and the location of the incident. Convictions carry burdensome penalties, including a permanent criminal record that cannot be sealed or expunged.

Indecent Exposure

Under Texas law, someone commits indecent exposure by exposing their genitals or anus with the intent to gratify or arouse sexual desire while not caring if others are offended or alarmed. A first indecent exposure offense is a Class B misdemeanor. Potential penalties include 180 days in jail and a $2,000 fine. Second and subsequent offenses are charged as more serious misdemeanors or felonies.

Solicitation of Prostitution

In most cases, soliciting prostitution is a state jail felony for a first offense, but if the accusation involves a minor under 18 years old, the charge is a second-degree felony. A conviction requires mandatory state jail or prison time.

Prostitution, solicitation, and lewd conduct charges are often based on mistakes or misunderstandings. A good defense attorney can usually offer genuine legal help to clients facing any of these charges.

Felony Sexual Assault Under Texas Law

Sexual assault and aggravated sexual assault are among the most serious charges you can face in the Texas criminal justice system.

Sexual Assault Prosecution

Texas defines sexual assault as non-consensual sexual penetration or sexual contact achieved through physical force, threats, coercion, or taking advantage of an incapacitated victim. The law specifies that a lack of consent exists when the perpetrator uses violence, threatens imminent harm, or knows the victim is unconscious or physically unable to resist.

Texas prosecutors usually charge sexual assault as a second-degree felony. A conviction carries a mandatory sentence of 2 to 20 years in prison and a fine of up to $10,000.

Aggravated Sexual Assault

Texas prosecutors enhance a sexual assault charge to aggravated sexual assault when the incident entailed specific aggravating factors. Aggravated sexual assault is a first-degree felony. Aggravating factors include:

  1. The perpetrator caused serious injury or attempted to cause the alleged victim’s death.
  2. The perpetrator used or brandished a deadly weapon.
  3. The perpetrator placed the alleged victim in fear of death, kidnapping, or serious bodily injury.
  4. The alleged victim is under 14 years old, elderly, or disabled.
  5. The perpetrator administered a drug to impair the alleged victim’s ability to resist.

A conviction for a first-degree felony aggravated sexual assault carries a mandatory minimum sentence of 5 years in prison. The maximum penalty is 99 years or life. If the victim is under 10 years old, or under 14 years of age with violence or a weapon as an aggravating factor, the mandatory minimum sentence is 25 years in state prison.

Child Sex Crimes and Digital Allegations

Sex crime allegations involving children trigger immediate multi-agency investigations. State and federal law enforcement agencies combine to monitor digital networks, trace IP addresses, and search electronic storage media.

Indecency with a Child

Under Texas criminal law, sexual contact or exposure with a minor under 17 is a second-degree felony, indecency with a child, carrying 2 to 20 years in state prison upon conviction.

Continuous sexual abuse is the charge for multiple acts of sexual abuse over 30 or more days against a child under 14 years old. Continuous sexual abuse is a felony. A conviction triggers a mandatory minimum sentence of 25 years to life in prison with no possibility of early release.

Digital Offenses and Child Pornography

Claims of online solicitation or possession and distribution of child pornography involve detailed technical evidence. Law enforcement officers seize and analyze computers, phones, cloud storage accounts, and hard drives as evidence of intentional distribution or possession.

Testimony Standards in Child Sex Offense Cases

Under Texas law, a conviction for a sexual offense can stand on the victim’s uncorroborated testimony alone if the victim reported the offense within a year or if the victim was a minor at the time. Appellate courts have confirmed that jury verdicts based on victim testimony stand even when there is no physical or DNA evidence, no corroborating medical records, and inconsistencies in the testimony.

Because the rules allow prosecutors in these cases to move forward without physical evidence, challenging child abuse or indecency charges requires rigorous cross-examination. A Southlake sex crimes defense lawyer at Barrett Legal PLLC can challenge the state’s case by exposing inconsistent statements and fabrications.

Sex Offender Registration Requirements

Convictions for most sex offenses in this state require mandatory compliance with the Texas Sex Offender Registration Program.

Lifelong Registration

Texas maintains a public database of registered, convicted sex offenders. This database provides their names, addresses, employers, photographs, and the details of their criminal records. Anyone on the internet can search the database.

Sex Offender Registration Requirements

Registration as a sex offender in Texas imposes some inconvenient restrictions on daily living. Registered sex offenders must check in periodically with local law enforcement officials, and they may not live near schools, parks, daycares, or youth centers.

Registered sex offenders also face barriers to employment and housing. Prospective employers, landlords, and property managers routinely reject applicants listed on public sex offender registries. If you’re a parent, a sex crime conviction works against you in any civil court dispute over child custody or parental rights.

Failing to update sex offender registrations, missing check-in deadlines, and violating residency requirements constitute felonies under Texas law.

Court Procedures

Local court dockets in Texas prioritize sex crime proceedings, fast-tracking these cases toward quick trial resolutions.

Restrictions on Judges

Under state law, almost all child-related sex crime convictions and aggravated sexual assault convictions are non-probationable by a judge:

  1. Trial judges in these cases cannot grant standard probation or community supervision upon a conviction.
  2. A jury has limited authority to recommend probation in specific cases.
  3. Individuals convicted of child-related sex crimes and aggravated sexual assault face mandatory state prison terms.

Defense Strategies

At Barrett Legal PLLC, we don’t wait for the state to present its case. We conduct immediate, independent, thorough investigations of sex crime charges to expose evidence gaps and procedural mistakes and to cast doubt on the credibility of the prosecution’s evidence and witnesses.

Physical and Electronic Evidence

Police investigations can overlook key details that contradict an alleged victim’s statement. Barrett Legal PLLC can examine every available source of digital and physical evidence:

  1. Text messages, email threads, social media exchanges, and telephone logs.
  2. GPS, cell tower data, and security camera footage.
  3. Medical reports, forensic exam records, and sexual assault nurse examiner (SANE) notes.
  4. DNA samples, forensic testing protocols, and chain-of-custody documentation.

Fabricated Allegations

Sex offenses happen too frequently, but so do fabricated sex crime allegations. Divorces, child custody disputes, and personal revenge are among the motives for fabricated sex crime claims. We compare witness statements, highlight inconsistencies, and strive to uncover the truth.

Strategic Negotiation vs. Aggressive Trial Advocacy

Our familiarity with local Texas courts gives our clients a distinct strategic advantage. We know how local prosecutors evaluate evidence and how local judges handle trial motions. If the evidence that you committed a sex crime is conclusive, and a conviction is certain, the best defense move may be negotiating for reduced or alternative sentencing.

But when the state’s evidence of a sex crime is weak, we can negotiate for a reduction or a complete dismissal of the charge. And if a prosecutor refuses to negotiate fairly, a defense attorney at Barrett Legal PLLC will take your sex crime case before a trial jury and explain to the jurors why they should return a not guilty verdict.

Early Intervention Matters

Waiting to contact a sex crime lawyer until after an arrest or indictment places you at a considerable disadvantage. Law enforcement investigators use pre-arrest interviews to collect statements, request consent searches, and secure physical evidence.

When you retain Barrett Legal PLLC early in a sex crime investigation, we can handle all communications with detectives and conduct a parallel investigation. Early intervention often allows us to present exculpatory evidence directly to prosecutors before any criminal charge is filed.

Let Barrett Legal PLLC Help You Fight Back

No case is too complicated for the attorneys at Barrett Legal PLLC. We can find the truth and explain it to a prosecutor, judge, or jury. We represent those charged with sex offenses and other serious crimes in Tarrant County and throughout Texas.

In sex crime cases, an experienced criminal defense attorney’s skills and experience can make all the difference.

Every client at Barratt Legal PLLC is our top priority, and bringing your case to a favorable conclusion is our primary goal. If you’re facing a sex crime charge now or later, promptly call Barrett Legal PLLC at 817-512-7044 to schedule your first consultation with an experienced Southlake criminal defense lawyer.