Being charged with a sex crime can have a profound impact on your life, even if you are not ultimately found guilty. In addition to the legal consequences of a conviction, you can see your personal life turned upside down. Securing the services of an experienced Houston sex crime lawyer can be essential for beating a charge and rebuilding your reputation.
At Blass Law, we believe that everyone deserves the best possible defense when facing criminal charges. Our experienced Houston criminal defense lawyer will work diligently on your behalf. Reach out to us today to schedule your confidential case evaluation with a member of our team. We Will Help You Build a Compelling Defense.
Common Charges Our Houston Sex Crime Attorneys Can Help You Fight
Any criminal offense that involves sexual conduct or non-consensual physical contact is classified as a sex crime in Houston. Among the most common sex crimes handled at our firm are:
Sexual Assault
According to Texas Penal Code 22.011, sexual assault is defined as any intentional, non-consensual penetration of or contact with a person’s anus or genitals. It also includes non-consensual contact or penetration of a person’s mouth by the genitals or anus by another person. Sexual assault under Texas law also includes any sexual contact with a child.
This offense is also known as rape and can be a second-degree felony or first-degree felony, depending on the circumstances.
Indecent Assault
Under Texas law, indecent assault is:
- Any non-consensual sexual contact with another person’s breasts, genitals, pubic area, buttocks, or anus with the intent to arouse or gratify arousal
- Any non-consensual contact by the alleged offender’s breasts, genitals, or anus
- Any attempt to expose a person’s pubic area, genitals, buttocks, anus, or a female’s breasts
- An action that causes another person to non-consensually make contact with another person’s seminal fluid, vaginal fluid, feces, urine, saliva, or blood
This offense can be a class A misdemeanor, state jail felony, or third-degree felony.
Importuning
This is known in the statute as “criminal solicitation of a minor.” Per Texas Penal Code Sec. 15.031, it involves “requesting, commanding, or attempting to induce” a minor to participate in or commit a sex act.
Prostitution
Per Texas Penal Code Sec. 43.02, prostitution involves knowingly offering or receiving a fee for sexual acts. This can be a class B misdemeanor, a class A misdemeanor, or a state jail felony, depending on the situation.
Unlawful Sexual Conduct with a Minor
Known as “indecency with a child,” the law holds that this is any sexual contact with a child under 17. This includes exposing or causing the child to expose themselves for sexual gratification. This can be a third-degree or second-degree felony.
Disseminating or Displaying Matter Harmful to Juveniles
This could include disseminating or displaying pornography or something else that is “patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors, and is utterly without redeeming social value for minors.”
Indecent Exposure
Per Texas Penal Code 21.08, someone commits indecent exposure if they expose any part of their anus or genitals for the sexual gratification of anyone and are “reckless” about whether or not there is a person present who would find that conduct offensive. Depending on the circumstances, this can be charged as one of the following:
- Class B misdemeanor
- Class A misdemeanor
- State jail felony
- Third-degree felony
Voyeurism
Per Texas law, voyeurism includes observing another person without their consent (including electronically) for their own sexual gratification. This can be a class C misdemeanor, a class B misdemeanor, or a state jail felony.
If you are facing any of these charges or a charge for any other sex crime, our experienced team can help build your defense and give you the best odds of a favorable case result.
Penalties Our Houston Sex Crime Lawyer Can Defend Against
Those convicted of sexual assault or another sex crime will face several criminal penalties. The specific consequences vary depending on the charge, the severity of the offense, any criminal history you may have, and the discretion of the court.
Those convicted of any sex crime in Houston will almost certainly face some level of:
- Incarceration
- Fines
- Probation
- Mandatory sex offender registration
The penalties for criminal convictions are as follows:
- Class C misdemeanor: Fine of up to $500
- Class B misdemeanor: Fine of up to $2,000 and/or up to 180 days in jail
- Class A misdemeanor: Fine of up to $4,000 and/or up to one year in jail
- State jail felony: Fine of up to $10,000 and/or between 180 days and two years in state jail
- Third-degree felony: Fine of up to $10,000 and/or between two and 10 years in prison
- Second-degree felony: Fine of up to $10,000 and/or between two and 20 years in prison
- First-degree felony: Fine of up to $10,000 and/or between five and 99 years in prison
Additional penalties that may apply in some cases include:
- Mandatory treatment for sex offenders
- Limitations on where you can live
- Restrictions regarding where you can work
- Being barred from any contact with minors
How a Sex Crime Conviction Can Affect Your Everyday Life
The legal penalties of a conviction for sexual assault or another sex crime are not the only consequences you will face. Sex crimes carry a significant social stigma that can affect your personal relationships even if you ultimately avoid a conviction.
A conviction for a sex crime can mean having to move, find a new job, or even result in the loss of custody or visitation of your children.
Before accepting a plea deal to avoid the worst penalties of a sex crime conviction, you need to ensure that you understand all the consequences that accompany the plea agreement. An experienced Houston sex crimes lawyer from Blass Law can help ensure you fully understand the terms of any deal before you accept it.
Texas Sex Offender Registry
Some sex crime convictions in Texas come with mandatory inclusion on the sex offender registry. This involves registering yourself with the law enforcement entity of the city you live in. Houston sex offenders would need to register with the Houston PD.
If you are required to register as a sex offender, you would need to provide Houston PD with your:
- Name and address (or a geographical description of where you are staying or intend to stay)
- Aliases, if any
- Home, work, and cell phone numbers
- Date of birth
- Shoe size
- Race
- Height
- Sex
- Hair and eye color
- Social security number
- Complete set of fingerprints
- Color photograph
- Convicted offense, along with the age of the victim, the date of conviction, and the punishment you received
There are other requirements for the sex offender registry. You will also need to periodically report to Houston PD (or another law enforcement agency if you live outside Houston) to verify the accuracy of this information. You must update law enforcement each time your address changes. Our Houston sex crime lawyer will fight to keep you off the registry.
Common Defenses Against Sex Crime Charges in Houston
If you were arrested for a sex crime, there are several defenses your sex crime attorney can use, depending on the specifics of your case. Your unique circumstances will dictate the best approach to take. Some of the most common defenses in these cases include:
- Alibi
- Lack of evidence
- Mistaken identity
- Consent
- Entrapment
- Rights violations
Alibi
One of the best defenses when fighting sex crime charges is having a strong alibi. If you are able to prove that you were not present at the time of the incident, the prosecution may drop the charges against you without going to trial.
Lack of Evidence
In a criminal trial, the prosecution has the burden of proof. This means they need to have a significant amount of evidence proving guilt to get a conviction. Your Houston sex crime attorney may be able to simply argue that the prosecution does not have enough evidence to prove that you were at fault.
Mistaken Identity
Unfortunately, mistaken identity is a common problem in sex crime cases. The trauma accompanying victims of a violent attack like sexual assault or rape can cause confusion and disorientation, especially if the victim was drugged by their attacker.
This confusion can easily lead to mistakes in identifying their assailant, especially if they do not know their attacker.
Consent
Consent is a big question in many sex crimes cases. While it does not apply in cases involving minors, it is a key question when your accuser is of legal age for sexual activity.
Arguing that you were given consent for a sexual act can be a strong defense. Since the prosecution carries the burden of proof in these cases, they need to prove that consent was not given.
Regret does not constitute a crime. If your accuser was mentally sound at the time of the sexual act and gave consent but regretted it later, you should not face criminal penalties.
Entrapment
Police officers can sometimes get carried away when looking to make an arrest. If a law enforcement officer encouraged or induced you into committing a criminal act you would not have otherwise done, they cannot charge you with a crime.
If you can show that you were the victim of entrapment, you’ll have a strong defense to avoid a conviction.
Rights Violation
If we can establish that law enforcement violated your rights (e.g., illegal search and seizure or failure to read you your Miranda rights), any evidence they recovered could be inadmissible. We could also establish that they failed to maintain a chain of custody with evidence, which would also render the evidence inadmissible.
It’s imperative that you get our team involved as soon as possible to protect your rights. We can investigate your arrest and the case against you to determine the best possible defense. If you wait too long to get us involved, it could jeopardize your case. Plus, if you get us involved early enough, we may be able to persuade the prosecutor not to file charges.
Jay Cohen has spent over 15 years protecting people from criminal charges and has a long track record of success. Two examples of sex crime cases we have handled:
- A not guilty verdict in a felonious continuous sexual assault of a child case
- Charges dismissed in a case involving accusations of unlawful disclosure of intimate visual material
Why You Want a Houston Sex Crime Lawyer from Blass Law on Your Side
Jay Blass Cohen has dedicated his career to defending his neighbors in Houston and throughout Texas. He’s committed to Keeping Innocent People Innocent®. Unlike a lot of other Houston sexual assault lawyers, he didn’t start off on the other side of the aisle and then change sides. He’s always been on your side.
He is a lifelong learner who is continually obtaining knowledge and new certifications. He’s an ACS-CHAL certified forensic lawyer-scientist, so he approaches cases differently than others.
Jay also knows how scary this experience is, so he won’t sugarcoat anything for you. He’ll tell you how it is, so you’re never unaware of the situation you’re in.
Reach Out to an Experienced Houston Sex Crime Attorney in Houston Today
Getting arrested for sexual assault or another sex crime can significantly impact your life. The best way to avoid a conviction and get your life back to normal is by hiring an experienced Houston sex crime lawyer as soon as you can.
The last thing you want to do in this critical situation is put your fate in the hands of an overworked public defender or an inexperienced defense attorney—or wait so long that evidence disappears and witness memory fades. Acting quickly is the best way to protect yourself.
At Blass Law, our legal team will work hard to ensure you avoid a conviction or at least receive favorable terms in a plea deal. Contact us today to schedule your confidential case review with a member of our legal staff.