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Defending Against Child Sexual Assault Accusations in Harris County
In Texas, having sex with a minor is a felony, even if you both consented. If you are found guilty of child sexual assault, you could be imprisoned for years and face tens of thousands of dollars in fines. Additionally, you will be required to register as a sex offender, which could substantially alter the course of your life. Because your freedom and future are at stake, it is crucial that you reach out to an experienced criminal defense attorney. With their knowledge and skills behind you, you can fight your charge and seek to avoid or minimize criminal penalties.
At Drehner Law, we are ready to stand by you throughout your case. Our Houston child sexual assault lawyer is a former felony prosecutor. We know how the other side prepares for and presents cases, and we will leverage this insight to build a strategic and well-thought-out defense on your behalf. Although you are facing serious charges, we will not back down from the challenge and will do everything in our legal power to work toward obtaining the best possible result for you.
Have you been accused of having sex with a minor? Call Drehner Law today at (832) 558-7798 or contact us online to schedule a free consultation with our child sexual assault attorney in Houston.
Texas Law For Child Sexual Assault
The law concerning sexual assault of a child can be found in Texas Penal Code § 22.011. It provides that it is unlawful for an adult to engage in sexual conduct with a person under 17 years of age, regardless of whether they know how old the child is.
Specifically, the law prohibits the following:
- Penetrating the child’s anus or sexual organ by any means;
- Penetrating the child’s mouth with the actor’s sexual organ;
- Allowing the child’s sexual organ to contact or penetrate the actor’s or another person’s mouth, anus, or sexual organ;
- Allowing the child’s sexual organ to contact the actor’s or another person’s mouth, anus, or sexual organ; or
- Allowing the child’s mouth to contact the actor’s or another person’s anus or sexual organ
Note that lack of consent is not an element of sexual assault of a child. In other words, even if the minor agrees to engage in any of the conduct listed above, the actor may still face criminal charges, as the alleged victim is not old enough to lawfully give consent.
To prove that the alleged offender committed the offense, the prosecutor must show that the act was engaged knowingly or intentionally. At Drehner Law, our Houston child sexual assault attorney is detail-oriented and examines every piece of evidence to identify weaknesses in the State’s allegations. We are prepared to fully investigate your case to determine available defenses. Speak with us today!
Aggravated Sexual Assault of a Child in Texas
If a sexual assault of a child offense involved violence, the threat of violence, or other factors that increase the severity of the crime, it becomes an aggravated offense.
Under Texas Penal Code § 22.021, aggravating factors include:
- Causing serious bodily injury;
- Attempting to cause death;
- Making the child fear that they or any other person will be a victim to human trafficking, serious bodily injury, or death;
- Threatening to make the child or any other person a victim of human trafficking or to cause serious bodily injury or death upon them or anyone else;
- Using or displaying a deadly weapon during the offense;
- Committing the offense with one or more other people;
- Giving the victim a substance rendering them incapable of assessing the situation or resisting the act; or
- Committing the offense against a child under 14 years of age
If you have been charged with an aggravated crime, our Houston sexual assault lawyer can deliver the representation you need to fight back against these serious allegations.
Penalties for Child Sexual Assault in TX
As mentioned before, child sexual assault is a felony, which is the most severe level of offense. The degree of charge levied in these cases depends on the circumstances.
Generally, child sexual assault is a second-degree felony, punishable by:
- Between 2 and 20 years of imprisonment and/or
- Up to $10,000 in fines
However, if the minor against whom the offense was committed was someone the alleged offender was prohibited from marrying, sexual assault of a child is a first-degree felony. Aggravated child sexual assault is also charged at this level.
In Texas, first-degree felonies are penalized by:
- Between 5 and 99 years of imprisonment and/or
- Up to $10,000 in fines
Note that if aggravated sexual assault of a child was committed against a minor under 6 years of age or under 14 years of age and aggravating factors were present, the minimum term of imprisonment is 25 years.
A criminal conviction can upend your life. That is why our Houston child sexual assault lawyer will work relentlessly for you.
Does a Conviction Result in a Sex Offender Registration Requirement?
Under Chapter 62 of the Code of Criminal Procedure, child sexual assault and aggravated child sexual assault are reportable convictions. This means that any person found guilty of this must register as a sex offender. They are required to report to a local law enforcement authority periodically, providing personal identifying information such as their name and address. Failing to register is a felony offense.
Information on the sex offender registry is accessible to the public. Thus, anyone in the community can see that a person living near them has been convicted of a sex crime. Because of the stigma attached to such offenses, others may make swift and negative judgments about the individual’s character, making it hard to live a productive life.
Contact An Experienced Houston Child Sexual Assault Defense Lawyer Today
At Drehner Law, we have handled thousands of criminal cases and tried over 80 jury trials. We have the skills, tenacity, and resources to vigorously defend you in and out of court.
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Contact Drehner Law today to get started on your defense with our Houston child sexual assault lawyer.