Sex Crime Attorney in Montrose, TX
Sex crimes are taken seriously in Montrose, as well as the rest of the country. Sex crimes are serious, and the accusations and convictions can affect a person’s criminal record, employment, housing, and reputation. A Montrose sex crime lawyer can help a person accused by fighting for their rights and building a defense to strive for the most favorable future.
About Our Firm in Texas
Our attorneys at The Law Offices of Tad Nelson & Associates bring real-life courtroom experience to their practice. Tad Nelson is a Board-Certified Specialist in Criminal Law with experience trying serious felonies and high-profile cases all over Texas. As a former prosecutor, he is familiar with the strategies the state will use to convict you and knows how to predict and counter their actions. A Montrose criminal defense lawyer could be the support you need.
Amber Spurlock is a former Air Force JAG attorney and federal prosecutor with a vast knowledge of military and civilian criminal law. Our firm has received multiple awards and recognition for our skill and professionalism, including Super Lawyers and Martindale-Hubbell AV Preeminent Ratings.
Sex Crime Cases in Texas
In 2024, Texas saw 252 convictions for sexual assault, which translates to a conviction rate of 2.38%. The conviction rate for 690 child sexual assault cases was 3.19%.
In Texas, sex crimes cover a range of offenses. Generally speaking, sex crime laws define this as sexual acts where one person did not consent to the act and the alleged perpetrator is aware that the act is non-consensual. These crimes include:
- Sexual assault
- Rape
- Statutory rape
- Indecent assault
- Indecency with a child
Many locals in the Montrose area attend hearings for serious criminal matters at the Harris County Criminal Justice Center, which is a short drive away in downtown Houston, and may handle your case if you are facing sex crime charges in Montrose.
Understanding Consent in Texas
Consent is a major component of sex crime cases. Prosecutors must show that the act was non-consensual in nature. An act is typically considered to lack consent if the person is:
- Threatened
- Coerced
- Under the legal age of consent
- Mentally incapable of consenting
- Mentally does not understand the act being performed
- Drugged
- Heavily intoxicated
- Sleep or unconscious
- Forced to comply due to the accused being in a position of authority
Laws regarding consent can be complicated. For instance, sex between two minors is also at risk of being criminally prosecuted as the law sees any sexual interaction with minors to be a crime, regardless of whether both parties are minors and consented to the act. There are exceptions, however, such as if the minors are close in age. However, this defense is limited in use.
A Montrose sex crime attorney can look at your case to see how consent applies and what defense would be appropriate for you.
What to Do if You’re Charged With a Sex Crime?
If you or someone you know has been arrested or is under investigation for a sex crime in Montrose, it is important to remain calm and not to talk to the police without a Montrose criminal defense lawyer present. After all, anything you say can and will be used against you. You should also avoid contacting the alleged victim or any witnesses to the crime.
Lastly, do not destroy any communications or any other evidence that could be used to help your defense. Hire a sex crime lawyer immediately. Legal representation from a sex crimes attorney will protect your rights, and they may succeed in suppressing evidence obtained through illegal search and seizure methods.
A good Montrose sex crimes lawyer may even be able to convince the District Attorney’s office not to file charges and, if that is not possible, negotiate for you and reduce sex crime penalties.
Why Hire a Sex Crime Lawyer in Montrose?
When you are facing serious accusations that could permanently harm your freedom and reputation, it is imperative that you hire a Montrose sex crime lawyer. A competent lawyer can refute the evidence, defend your rights while the case is being investigated, and mount a compelling defense in court. It is important to choose an attorney with experience in the Harris County Criminal Justice Center.
FAQs About Montrose Sex Crimes
What Is a Tier 3 Sex Offender in Texas?
In Texas, a Tier 3 sex offender is considered the highest risk level. This classification typically includes offenders who have committed more severe crimes, such as aggravated sexual assault or offenses against a child under 13. Tier 3 offenders are required to register for life and update their information regularly. They are considered high risk and require strict supervision and monitoring.
How Far Does a Sex Offender Have to Stay Away From Schools in Texas?
Texas state law does not have a distance-based restriction, but most local ordinances do restrict registered sex offenders to distances of 500 to 1,000 feet from schools, daycare centers, and playgrounds. Distance restrictions are generally defined by the city or county ordinances. Parole or probation conditions may also limit offenders to a certain distance from schools, daycares, or playgrounds, and the distance may vary depending on the offense.
What Is Deferred Adjudication for Sex Offenders in Texas?
Deferred adjudication is a form of probation that can keep offenders out of a formal conviction if they complete court-ordered requirements. For most sex offenses in Texas, registration as a sex offender is required even with deferred adjudication. If the probation is completed successfully, a permanent conviction is prevented from being placed on one’s record. Violations of the terms of the probation can result in full sentencing.
What Is a Level 4 Sex Offender?
Texas does not have an official Level 4 category for sex offenders. Texas is a three-tier state under federal guidelines, from Tier 1 with the lowest risk to Tier 3 with the highest risk. Some other states or federal agencies may use Level 4 to designate the most dangerous offenders who need lifetime monitoring.
Contact The Law Offices of Tad Nelson & Associates
Being accused of a sex crime is a serious matter. However, having legal assistance can help ease the stress of the legal process. The Law Offices of Tad Nelson & Associates can help. Contact us today to get started.