Sexual Assault of a Child Defense Attorneys Serving Frisco

When facing sexual assault of a child charges in Frisco, Texas, you need experienced legal representation. You need attorneys who understand both the gravity of the situation and the complexities of Texas criminal law. At My Dallas Criminal Lawyer, our attorneys bring former prosecutor experience and a proven track record. We defend clients against serious sex crime allegations in Denton County and throughout the Dallas-Fort Worth area.

Sexual assault of a child charges carry life-altering consequences. These include potential decades in prison and mandatory sex offender registration. Additionally, these cases require immediate attention from a dedicated criminal defense attorney in Dallas and Frisco. We can protect your constitutional rights and build a comprehensive defense strategy.

Understanding Sexual Assault of a Child Charges in Texas

Under Texas Penal Code § 22.011, sexual assault of a child occurs when a person intentionally or knowingly causes penetration. This includes penetration of the anus or sexual organ of a child by any means. It also includes causing penetration of the mouth of a child by the sexual organ of the actor. The law defines a child as anyone under 17 years of age.

The prosecution must prove several elements beyond a reasonable doubt:

• The defendant intentionally or knowingly committed the act
• The alleged victim was under 17 years of age at the time
• Penetration occurred as defined by the statute
• The act was not consensual (consent is not a defense when the alleged victim is under 14)

Texas law recognizes different degrees of sexual assault charges. The charges depend on the circumstances. Sexual assault of a child is typically charged as a second-degree felony. However, certain aggravating factors can elevate the charge to a first-degree felony with enhanced penalties.

The statute also addresses situations involving children under 14 years of age. In these cases, the penalties become more severe. Understanding these legal distinctions is important for developing an effective defense strategy. We tailor our approach to the specific circumstances of your case.

Penalties and Consequences for Sexual Assault of a Child in Frisco

Sexual assault of a child charges in Texas carry severe penalties. These penalties can impact every aspect of your life. As a second-degree felony, conviction can result in 2 to 20 years in prison and fines up to $10,000. However, when aggravating factors are present, the charge becomes a first-degree felony. This carries punishment of 5 to 99 years or life imprisonment.

Beyond incarceration, conviction requires lifetime registration as a sex offender. This falls under Texas Code of Criminal Procedure Chapter 62. This registration creates ongoing obligations including:

• Regular reporting to local law enforcement
• Restrictions on where you can live and work
• Limitations on internet and social media use
• Public disclosure of personal information
• Travel restrictions and notification requirements

The collateral consequences extend far beyond the courtroom. A conviction can result in loss of professional licenses and difficulty finding employment. Additionally, you may face housing restrictions and significant strain on family relationships. These long-term impacts make it important to work with an experienced Frisco criminal defense attorney. We understand the stakes involved.

Furthermore, those convicted may face civil liability through lawsuits. Alleged victims or their families may file these suits. The financial implications can be substantial. This makes early intervention and aggressive defense representation important to protecting your future.

Defense Strategies for Sexual Assault of a Child Cases

Defending against sexual assault of a child charges requires a comprehensive approach. We examine every aspect of the case. Our attorneys at My Dallas Criminal Lawyer employ various defense strategies. We base these strategies on the specific facts and circumstances of each case.

False allegations unfortunately occur in these cases. They often arise from custody disputes, family conflicts, or misunderstandings. We thoroughly investigate the background and motivations of accusers. Additionally, we examine inconsistencies in their statements and identify potential biases. We also look for external influences that may have contributed to the allegations.

Constitutional violations during the investigation can provide grounds for suppressing evidence or dismissing charges. We scrutinize police procedures, interview techniques, and search and seizure practices. Our goal is to identify any violations of your Fourth, Fifth, or Sixth Amendment rights.

Evidence challenges form another important component of defense strategy. We examine the collection, preservation, and analysis of physical evidence. This includes DNA testing, medical examinations, and digital evidence. Our team works with forensic experts to challenge the prosecution’s evidence. We also present alternative interpretations of the facts.

Witness credibility issues often play a significant role in these cases. We investigate the background of prosecution witnesses and examine their statements for inconsistencies. Additionally, we identify potential motives for false testimony. Cross-examination techniques developed through years of courtroom experience help expose weaknesses in the prosecution’s case.

Why Choose My Dallas Criminal Lawyer for Your Case in Frisco

Our firm brings unique advantages to sexual assault of a child defense cases in Frisco and throughout Collin and Denton Counties. Founding attorney Justin Wilson’s background as a former prosecutor in Collin County provides valuable insight. He understands how the state builds these cases and the strategies they employ.

This prosecutorial experience allows us to anticipate the prosecution’s approach. We develop counter-strategies before charges are even filed. We understand the pressure prosecutors face in these high-profile cases. Additionally, we know how to negotiate effectively for reduced charges or case dismissals when appropriate.

Our track record speaks to our commitment to achieving favorable outcomes for our clients. Recent case results include no-bills on serious felony charges and dismissals of violent crime cases. We have also achieved successful suppression of evidence in criminal matters. Furthermore, we have secured jury acquittals and negotiated significant charge reductions in complex criminal cases.

We understand that facing these charges affects not just the accused but their entire family. Our approach emphasizes clear communication, regular updates, and compassionate support throughout the legal process. Clients consistently praise our responsiveness and dedication to their cases. This is reflected in our 5.0 Google rating with over 40 reviews.

The Legal Process for Sexual Assault of a Child Cases in Denton County

Sexual assault of a child cases in Denton County follow a specific legal process. This begins with the initial investigation and can extend through trial and appeals. Understanding this process helps clients make informed decisions about their defense strategy.

The investigation phase often begins before charges are filed. This sometimes involves interviews with alleged victims, witnesses, and suspects. Law enforcement may seek search warrants for homes, computers, and electronic devices. During this important phase, having legal representation can protect your rights and prevent self-incrimination.

Grand jury proceedings determine whether formal charges will be filed. In Texas, felony charges require grand jury indictment. These proceedings occur without the defendant present. While Texas law requires prosecutors to present exculpatory evidence to grand juries, defense attorneys cannot directly present evidence during these proceedings. However, experienced defense attorneys can sometimes work with prosecutors. We work to make sure favorable evidence is considered, which may result in no-bill decisions. This effectively ends the case before trial.

Pre-trial motions provide opportunities to challenge evidence, suppress statements, and address constitutional violations. These motions can significantly impact the prosecution’s case. Sometimes they lead to dismissal of charges. Our attorneys file comprehensive motions addressing every potential issue in your case.

If the case proceeds to trial, jury selection becomes important in sexual assault cases. We carefully evaluate potential jurors for biases and preconceptions. These could affect their ability to fairly consider the evidence. Our trial experience includes successful jury trials in serious felony cases.

Throughout this process, plea negotiations may occur. Our former prosecutor experience provides valuable insight. We know when plea agreements serve our clients’ interests and when proceeding to trial offers the better option.

Protecting Your Rights During Investigation and Arrest

The period immediately following an allegation is critical for protecting your rights and building a defense, as mistakes can severely impact your case.

You should never speak to law enforcement about allegations without an attorney present. Police often conduct “voluntary” interviews before an arrest where your Miranda rights may not be read, but your statements can still be used against you.

The Fourth Amendment generally requires police to have a warrant to search your home, vehicle, or electronic devices. If police ask for your consent to a search, always decline and state that you want your attorney.

Immediate legal representation is crucial. Early intervention allows your attorney to communicate with investigators, potentially preventing charges from being filed, and ensuring your constitutional rights are protected. We also help you avoid actions that could be misinterpreted as obstruction. Inform family and friends to direct any law enforcement inquiries to your attorney, as their statements can be used against you. In modern investigations, our attorneys challenge overly broad digital search warrants and work to suppress any evidence obtained illegally.

Sex Offender Registration Requirements in Texas

Conviction for sexual assault of a child in Texas triggers mandatory lifetime registration as a sex offender. This falls under Chapter 62 of the Texas Code of Criminal Procedure. Understanding these requirements is important for anyone facing these charges. The registration obligations significantly impact daily life.

Lifetime registration obligations begin immediately upon conviction or release from incarceration. Registrants must report to local law enforcement within seven days of establishing residence in a new location. This initial registration includes providing personal information, photographs, and details about the conviction.

Reporting requirements include annual verification of registration information. You must also notify of any changes in residence, employment, or vehicle ownership within seven days. Failure to comply with these requirements constitutes a separate felony offense. This is punishable by additional prison time.

The impact on employment, housing, and family life extends far beyond the registration requirements themselves. Many employers conduct background checks that reveal sex offender status. This limits employment opportunities. Housing restrictions may apply near schools, playgrounds, and other areas where children congregate.

Internet and social media restrictions may apply to certain high-risk offenders under specific parole or supervision conditions. These restrictions typically apply to individuals assigned numeric risk levels 2 or 3. They also apply to those who used internet or electronic devices to commit their offense. Additionally, they apply to those who have convictions under specific sections of the Texas Penal Code. These include Sections 21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25.

Travel restrictions require notification to law enforcement before traveling. They may also include limitations on international travel. Some countries prohibit entry by registered sex offenders. This effectively restricts travel options for life.

The public nature of sex offender registration means that personal information becomes available through online databases. Local jurisdictions maintain these databases. This public disclosure can affect relationships, community standing, and family members’ privacy. The information includes name, address, photograph, and conviction details.

Frequently Asked Questions About Sexual Assault of a Child Defense

Contact My Dallas Criminal Lawyer Today

If you or a loved one is facing sexual assault of a child charges in Frisco, Texas, time is important. The decisions you make in the coming days and weeks can significantly impact the outcome of your case and your future.

Our experienced criminal defense attorneys understand the complexities of Texas sex crime law. We have the courtroom experience necessary to protect your rights. We provide aggressive representation while treating you with the respect and dignity you deserve during this difficult time.

We serve clients throughout Denton County, Collin County, and the greater Dallas-Fort Worth area. Contact us today for a confidential consultation to discuss your case. Learn how we can help protect your future.