Sexual Abuse Attorney in Texas Handling Adult Sex Crime Offenses
Serving Plano, Dallas, McKinney, Frisco, Allen, and Surrounding Areas
No matter what the actual situation, someone charged with sexual abuse is immediately stigmatized by labeling and assumptions, making the path to clearing their name an uphill battle. Although the United States Constitution guarantees that accused persons are to be treated as “innocent until proven guilty,” with sexual abuse cases, the opposite is often true. Every sexual abuse attorney at Stuckle & Associates PLLC believes in the constitution and protecting the freedoms of individuals unjustly accused of these serious offenses.
In addition to their extensive experience and track record as sexual abuse defense lawyers, Stuckle & Associates PLLC provide dedicated and experienced legal counsel in situations of alleged:
- Sexual Assault & Battery
- Aggravated Sexual Assault
- Date Rape
- Indecent Exposure
- Human Trafficking Crimes
- Violation of a Civil Commitment Order
Committed to Your Defense
Sexual abuse accusations are highly emotionally charged situations, especially for those falsely accused and their loved ones. These charges have the potential to change your life and could put a major strain on your reputation and future prospects.
The sexual assault defense lawyers at Stuckle & Associates PLLC are committed to fighting for your future. This always means creating a strong case from the moment you call. A proactive and well-reasoned defense can make a significant difference in helping you combat a prosecution that is determined to find a guilty party.
With over 25 years of experience, we have the knowledge and capability to help you overcome the bias and fight for positive outcomes, including case dismissal, not guilty verdicts, and acquittals. Call (972) 423-4405 or send an online message to discuss your situation with an experienced sexual abuse attorney during a free consultation.
An Analysis of Texas Sexual Abuse Laws
- Definitions Related to Sexual Abuse
- Possible Sex Abuse Defenses That Can be Employed
- Penalties for Texas Sexual Abuse Offenders
Types of Sex Crimes Commonly Associated With Sexual Abuse
There are a number of offenses an individual can be charged with if they allegedly engage in a sexual abuse offense. These offenses can include, but are not limited to:
Sexual Assault – Texas Penal Code § 22.011 – An individual can be charged with this offense if they intentionally or knowingly:
- Cause the penetration of the anus or sex organ of another person by any means, without their consent;
- Cause the penetration of another person’s mouth with a sexual organ without their consent;
- Cause the non-consensual sexual organ of another person to contact or penetrate the mouth, anus or sex organ of another person, including the alleged offender; and/or
- Commit child sex assault.
This offense can result in a conviction of a felony of the first or second degree.
Aggravated Sexual Assault – Texas Penal Code § 22.021 – An individual can be charged with this offense if they engage in a sexual assault offense, in addition to:
- Causing serious bodily injury or attempting to cause the death of the alleged victim or any other person during the commission of the offense;
- Placing the victim in fear of immediate death, serious bodily injury or kidnapping through words or actions;
- Threatening to cause the death, serious bodily injury or kidnapping of any person through words or actions while in the presence of the alleged victim;
- Using or showing a deadly weapon during the commission of the offense;
- Being an accomplice to any person who causes serious bodily injury to the victim;
- The alleged victim is a child under the age of 14 years old;
- Administering any of the following substances to the victim during the commission of the offense:
- Gamma hydroxybutyrate
This offense can result in a conviction of a felony of the first degree.
Child Sexual Abuse – Texas Penal Code §§ 21.11, 22.011 and 22.021 – An individual can be charged with this offense if they commit sexual assault, aggravated sexual assault or indecency with a child against a child younger than 17 years of age. This offense can result in a felony of the first, second or third degree conviction.
Continuous Child Sex Abuse – Texas Penal Code § 21.02 – An individual can be charged with this offense if they commit any of the following offenses two or more times to a child or children under the age of 14 during a 30 day period, and the alleged offender is at least 17 years old:
- Aggravated sexual assault,
- Certain forms of aggravated kidnapping,
- Certain forms of burglary,
- Certain forms of indecency with a child,
- Sexual assault, and/or
- Sexual performance by a child.
This offense can result in felony of the first degree conviction.
Possible Sex Crime Defenses That Can be Employed
There may be a variety of defenses or mitigating factors available to an individual that has been charged with a sexual abuse offense throughout the Dallas / Fort Worth Metroplex. Although the following defenses do not apply to every case, your experienced sex crimes defense attorney will help you identify whether they may be applicable to the facts of your particular situation. Defenses to sex abuse allegations may include:
- Mistaken Identity,
- Coercion, and/or
Affirmative defenses may also exist for your particular sex abuse charges. This form of defense can apply when the alleged offender concedes they committed the acts that would normally be considered a criminal offense, but they are not guilty of a crime for a specific reason. Affirmative defenses can include if the alleged offender and victim were married, or if the act was committed for a legitimate medical purpose.
If your defense attorney plans to use an affirmative defense in your case, you will now have the burden of proof, instead of the prosecutor. Generally, the defense does not have to show any evidence if they don’t want, and the prosecutor is required to prove beyond a reasonable doubt the alleged offender committed the offense. When using an affirmative defense, your lawyer will have to prove by a preponderance of the evidence the defense existed. This means they will have to show the defense more than likely existed, or it existed by 51% to 49%.
Penalties for Texas Sexual Abuse Offenders
Sex abuse penalties are defined in Chapter 12 of the Texas Penal Code. However, the following penalties can vary depending on a variety of factors, including whether the alleged offender has a previous criminal history, the type of offense, the victim’s age, whether the alleged offender caused serious bodily injury and/or whether a weapon was used during the commission of the offense.
- A conviction for a felony of the first degree sexual abuse offense can result a prison sentence ranging from five to 99 years or life imprisonment and/or a fine up to $10,000.
- A conviction for a felony of the second degree sexual abuse offense can result in a prison sentence ranging from two to 20 years and/or a fine up to $10,000.
- A conviction for a felony of the third degree sexual abuse offense can result in two to ten years in prison and/or a fine up to $10,000.
An individual convicted of a sexual abuse offense in Texas may also face any of the additional repercussions:
- A negative impact on personal and professional relationships,
- An inability to vote, hold public office or own or possess a firearm,
- A possibly permanent criminal record,
- An inability to apply for certain jobs or pursue certain professions,
- Ineligibility to be admitted into certain college or graduate school programs, and/or
- Requirements to register as a sex offender.
Contact an Experienced Sexual Abuse Attorney Today to Discuss Your Legal Options
If you have been accused of committing sex abuse in Texas, contact Stuckle & Associates PLLC for an aggressive defense. Paul Stuckle is not afraid to take on a challenge and will fight for your right to a fair trial.
Call Stuckle & Associates PLLC at (972) 423-4405 today to schedule your free consultation at our Plano office and discuss your legal options with an experienced sexual abuse attorney.