Houston Sex Crimes Lawyer

Sex crimes are offenses that are charged for any violent sexual act when there is a lack of consent from one party, or when an individual engages in any sexual act with a minor, someone who is deemed incapable of giving consent.

These offenses are taken very seriously and the penalties can be severe. For this reason, even simple allegations of a sexual offense are not taken lightly by the law. If you were wrongly accused of a sexual offense, you need a sex crimes attorney to stand up and fight for you.

Most sex crimes in Texas are categorized as felonies and offenders could spend up to 25 years in prison and remain registered as a sex offender for the rest of their life.

Factors that go into determining the severity of the penalties include the following:

• The age of the alleged victim;
• Your age at the time;
• Your past convictions;
• Your criminal history, and
• Any other specific circumstances in your case.

Depending on the severity of your offense, hiring an experienced sex crimes lawyer can help you minimize the penalties you may face.
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What are the consequences of a sex crimes conviction in Texas? In general, sex crimes consequences across the country are taken very seriously. The repercussions of a sex offense conviction in Texas are particularly severe. While the specific penalties for sex offenses will depend upon the particular offense and whether you are facing misdemeanor or felony charges, you will likely face jail time, a substantial monetary fine, and other significant repercussions. Our Texas sex crimes defense attorneys want to provide you with more general information about the consequences of a sex crimes conviction under the Texas Penal Code.

Misdemeanor Penalties for Sex Crimes in Texas

Generally speaking, most sex crimes in Texas will be prosecuted as felony offenses, but there are some types of sex crimes offenses that may be charged as misdemeanors. Examples of misdemeanor sex offenses may include but are not limited to:

• Indecent exposure, which is typically a Class B misdemeanor unless it is a subsequent offense;
• Voyeurism, which is typically charged as a Class C misdemeanor;
• Prostitution, which is usually charged as a Class B misdemeanor, but it can be a Class A misdemeanor or state jail felony depending upon whether the defendant has a prior conviction on his or her record;
• Solicitation, which is typically a Class B misdemeanor;
• Public lewdness, which is typically a Class A misdemeanor in Texas;
• Harassment, which may be sexual in nature, is usually charged as a Class B misdemeanor; and
• Offensive sexual contact, which is typically a Class C misdemeanor.

Any of the charges above can be increased to a more serious misdemeanor charge (i.e., from a Class B misdemeanor to a Class A misdemeanor) or from a misdemeanor to a felony if the defendant has a prior history of a sex crime conviction, or if other aggravating factors are present. These are the typical statutory penalties:

• Class C misdemeanor: Fine of up to $500;
• Class B misdemeanor: Fine of up to $2,000 and up to 180 days in jail; and
• Class A misdemeanor: Fine of up to $4,000 and up to one year in jail.

Felony Penalties for Texas Sex Crimes

Most other sex offenses, including sexual assault charges, statutory rape, rape, and related charges will be felony offenses in Texas. Felony sex crimes convictions come with the following statutory penalties:

• State jail felony: Anywhere from 180 days to 2 years in jail and a fine of up to $10,000;
• Third-degree felony: Anywhere from 2 to 10 years of imprisonment and a fine of up to $10,000;
• Second-degree felony: Anywhere from 2 to 20 years of imprisonment and a fine of up to $10,000; and
• First-degree felony: Anywhere from 5 to 99 years of imprisonment and a fine of up to $10,000.

Consequences Beyond Your Sentence

Beyond a monetary fine and a term of imprisonment, a sex crimes conviction will usually require you to register with the Texas Sex Offender Registration Program. In addition, as a registered sex offender, you can be limited in terms of the areas where you can live, the types of jobs you may be eligible to perform, and other social consequences.

In most cases, when someone is convicted of a sexual offense they remain a sex offender for the rest of their life. However, depending on how serious the offense is, it could only remain on your record for 10 years.

It may be possible to completely avoid registering as a sex offender if you apply for an “individual risk assessment”, where a Texas court will review your criminal history, the severity of the alleged offense, and determine how likely you are to commit another sexual offense again. If the determination is no, then you will not have to register as a sex offender.

It is possible to have your sex offense records sealed in the state of Texas. However, you must meet the following criteria:

• If the offense was minor and didn’t involve violence
• If the victim was 15 years of age or older
• If you were no more than 4 years older than the victim
• If the offense was consensual
• If you pass an individual risk assessment and request early termination

This process can be very difficult to maneuver on your own, so it is in your best interest to seek legal help. For more information, contact an expungement attorney.

When you are facing a sex crime charge or allegation, it can take a toll on your life and the life of those close to you. There is a stigma that follows those who have committed a sexual offense or simply just accused of one. That is why it is a good idea to immediately seek legal help when facing sexual offense charges.

An good sex crimes lawyer can fight for you to reduce charges, prove your innocence, or minimize the impact a sexual offense charge can have on your life. If you have been charged with or accused of committing a sex crime, The Law Offices of Tad Nelson & Associates can help you. Contact us today for a free consultation regarding your case.