Strategies for Defending Sex Crimes Charges in Texas

August 26th, 2021 by Tad Nelson in Criminal Defense, Sex Crime, Sexual Assault, Understanding Texas Law

Being accused of a sex offense in Texas can not just be life-changing; it can potentially ruin many aspects of life if you are convicted. Unfortunately, due to their nature, police, prosecutors, and other members of the criminal justice community vigorously prosecute sex crimes cases. The Texas Department of Public Safety reports that there are around 14,775 rapes committed every year, a category that includes sexual assault, aggravated sexual assault, and various offenses involving minors. If you were arrested, you face jail time and fines depending on the nature of the charges. Plus, you will be required to register as a sex offender long after you serve your sentence.

Texas Sex Crimes Defense Strategies

Under these circumstances, it is clear that retaining an experienced criminal defense attorney is critical. There are multiple tactics for fighting sex offense charges, and your first opportunities to do so arise very early in your case. Your Houston sex crimes lawyer will develop a wide array of defense strategies for protecting your rights, such as:

Exercising Your Rights: The first defense strategy in a criminal case starts with you since you are the one who will need to exercise your rights under the US and Texas Constitutions. From your initial encounter with police, do not make any statements, answer questions, or provide information to officers. Your right to remain silent is critical, even if you want to express your innocence. Your right to counsel is another critical issue, so contact our team of attorneys immediately.

Use Tactics That Consider the Source: False allegations of sex crimes are usually motivated by some underlying factor or issue, so your defense strategy should incorporate these collateral matters. This is especially true when an arrest for a sexual offense is linked to:

  •         A divorce case;
  •         Child custody, visitation, and support proceedings;
  •         The accuser’s financial circumstances or desire to cover up a consensual encounter;
  •         A minor accuser who may be susceptible to suggestions by others who seek your conviction.

Challenge the Prosecutor’s Evidence: The prosecution must prove guilt beyond a reasonable doubt, which is the highest standard in the entire US judicial system. Meeting this burden requires solid, accurate proof, and this can be difficult to obtain due to the nature of sex offenses. Therefore, your defense strategy revolves around exposing weaknesses in the prosecutor’s evidence, such as defects in the chain of custody for DNA samples or inconsistent statements by your accuser. These challenges can be made by working closely with our criminal defense attorney. Our team will dedicate our time to building a strong defense and studying your case to be ready to challenge accusations that may not hold much ground. 

In addition, you may have grounds to have inadmissible evidence tossed out of court if it was obtained through a violation of your civil rights or other police misconduct.

Raise Defenses: When it is your turn to present your case, you may also have defenses that could result in acquittal or dismissal of the charges. Examples include mistaken identity, consent, or lack of intent. Working with our team can find all possible defenses for your case to work to have the charges dropped or reduced. 

Discuss Additional Strategies with a Houston Sex Offense Attorney

You do have rights throughout the criminal process, even in a Texas sex crimes case where it may seem like the deck is stacked against you. Our team at the Law Offices of Tad Nelson & Associates is prepared to develop a sound defense strategy, so please call 281-280-0100 or visit our website to schedule a consultation today.

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