Houston Sex Crimes Defense Attorney

Sex Crimes Defense Attorney in Houston, TX

A Houston sex crimes defense attorney defends individuals accused of sexual offenses including sexual assault, indecency with a child, online solicitation, and possession of child pornography. Cory Roth Law Office provides aggressive representation for defendants facing these serious felony charges throughout Harris County and Texas, protecting your rights, reputation, and freedom.

Understanding Sex Crime Charges in Texas

Texas law classifies sex offenses under Chapter 21 of the Texas Penal Code, which covers sexual offenses ranging from misdemeanor indecent exposure to capital felony aggravated sexual assault of a child. These laws are complex, and prosecutors interpret them broadly to secure convictions. Understanding exactly what you’re facing is the first step toward building an effective defense.

Sex crime allegations often stem from he-said-she-said situations where physical evidence may be limited or non-existent. False accusations arising from custody disputes, relationship breakdowns, or misunderstandings occur more frequently than most people realize. Our defense approach recognizes these realities and focuses on exposing inconsistencies, challenging witness credibility, and presenting alternative explanations that create reasonable doubt.

Sexual Assault

Sexual assault under Texas Penal Code Section 22.011 occurs when someone intentionally or knowingly causes penetration of another person without consent. This second-degree felony carries 2 to 20 years in prison and fines up to $10,000. Our sexual assault defense practice examines every aspect of these allegations to identify defense opportunities.

Consent is frequently the central issue in adult sexual assault cases. We gather evidence of prior communication, relationship context, and witness testimony that may demonstrate consent existed. Additionally, we scrutinize law enforcement investigation techniques to identify procedural violations that could suppress evidence or weaken the prosecution’s case.

Aggravated Sexual Assault

Aggravated sexual assault elevates charges to a first-degree felony punishable by 5 to 99 years or life imprisonment when specific aggravating factors exist. These factors include causing serious bodily injury, using or exhibiting a deadly weapon, placing the victim in fear of death or kidnapping, or committing the offense against someone under 14 years of age.

The severity of aggravated sexual assault charges demands immediate, aggressive defense action. We challenge the existence of alleged aggravating factors, examine medical evidence for alternative explanations of injuries, and investigate whether law enforcement properly identified the defendant. Misidentification happens more frequently than many people assume, particularly in cases involving strangers or intoxicated witnesses.

Indecency with a Child

Texas prosecutes indecency with a child under Penal Code Section 21.11 when someone engages in sexual contact with a child under 17 or exposes themselves with intent to arouse or gratify. Contact offenses are second-degree felonies carrying 2 to 20 years imprisonment, while exposure offenses are third-degree felonies with 2 to 10 year sentences.

These cases often involve allegations from children who may have been coached, confused, or influenced by parents involved in custody disputes. We work with forensic interview experts who can analyze recorded interviews for signs of suggestive questioning or contamination. Our defense strategies focus on exposing the unreliability of accusations while protecting our clients from devastating consequences.

Online Solicitation of a Minor

Internet-based sex crime allegations have exploded as law enforcement agencies conduct sophisticated online solicitation of a minor sting operations. Under Penal Code Section 33.021, communicating in a sexually explicit manner with someone believed to be under 17 can result in third-degree felony charges, while soliciting a minor to meet for sexual activity is a second-degree felony.

Many online solicitation arrests involve undercover officers posing as minors. We scrutinize these operations for entrapment, examining whether law enforcement induced criminal conduct that our client wouldn’t otherwise have committed. We also analyze chat logs for evidence that police initiated sexual conversations or that our client believed he was communicating with an adult.

Continuous Sexual Abuse of a Child

Continuous sexual abuse of a child under Penal Code Section 21.02 is a first-degree felony with mandatory minimum sentences of 25 years without parole eligibility. Prosecutors charge this offense when they allege two or more acts of sexual abuse against a child under 14 over a period of 30 days or more. The statute doesn’t require prosecutors to specify exact dates or details of alleged acts.

This vague allegation structure creates serious defense challenges but also opportunities. We challenge the sufficiency of evidence supporting claims of multiple acts and examine whether the timeline alleged is even possible given documented alibis, locations, or circumstances. These cases require meticulous investigation and aggressive defense preparation.

Child Pornography Offenses

Possession of child pornography under Penal Code Section 43.26 is a third-degree felony, while promotion or distribution elevates charges to second-degree felonies. Federal charges under 18 U.S.C. § 2252 can apply when images crossed state lines or used internet transmission, carrying mandatory minimum sentences of 5 to 15 years.

Child pornography cases often depend heavily on digital forensic evidence. We retain independent computer forensic experts who examine devices for evidence of hacking, malware, unauthorized access, or file-sharing activity that occurred without our client’s knowledge. Many defendants are shocked to discover illegal files on their computers without understanding how they arrived there.

Failure to Register as a Sex Offender

The Texas Department of Public Safety administers sex offender registration requirements under Chapter 62 of the Code of Criminal Procedure. Failure to comply with registration, verification, or reporting requirements can result in state jail felony to first-degree felony charges depending on the underlying offense requiring registration.

Registration violations often occur due to confusion about requirements, administrative errors, or circumstances beyond the defendant’s control. We examine whether proper notice was provided, whether registration deadlines were calculated correctly, and whether circumstances justified any delay. Many failure to register cases can be resolved favorably when we demonstrate good faith efforts to comply.

Defending Against False Sex Crime Accusations

False sexual assault accusations occur with disturbing frequency, often arising from custody battles, relationship revenge, attention-seeking, or mental health issues. Studies suggest false reporting rates for sexual assault range from 2% to 10%, meaning thousands of innocent people face life-altering accusations each year across the United States.

We approach every case with the understanding that false accusations happen. Our investigation examines the accuser’s motives, prior false allegations, mental health history, and any evidence of coaching or influence. We gather communications that may contradict the allegations or reveal ulterior motives. Text messages, social media posts, and emails often provide crucial evidence that exposes false accusations.

Proven Defense Strategies for Sex Crime Cases

Consent Defense

In adult sexual assault cases, demonstrating that the alleged victim consented to sexual activity provides a complete defense. We gather evidence of communications before and after the alleged incident, relationship history, and witness testimony about interactions between the parties. Consent defenses require careful presentation that respects the sensitivity of these cases while vigorously protecting our client’s rights.

Challenging Witness Credibility

Sex crime convictions often depend entirely on witness testimony. We examine every statement for inconsistencies, contradictions, and impossibilities. Prior statements to police, forensic interviewers, prosecutors, and during trial testimony frequently contain discrepancies that create reasonable doubt. Our cross-examination exposes these inconsistencies while presenting alternative explanations for the allegations.

Forensic Evidence Challenges

DNA evidence, medical examinations, and digital forensics often feature prominently in sex crime prosecutions. We retain independent experts who review this evidence for alternative interpretations, laboratory errors, or improper collection and storage. The presence of DNA doesn’t necessarily prove a crime occurred—only that contact happened. Medical findings described as consistent with assault may also be consistent with consensual activity or have innocent explanations entirely.

Constitutional Violations

Law enforcement violations of constitutional rights can result in evidence suppression that devastates the prosecution’s case. We examine arrests, searches, seizures, and interrogations for Fourth Amendment violations, Miranda violations, and other constitutional protections. Illegally obtained evidence—including confessions—may be excluded from trial, sometimes forcing case dismissals.

Consequences of Sex Crime Convictions in Texas

Prison Sentences

Texas sex crime sentences rank among the harshest in the nation. Second-degree felony sexual assault carries 2 to 20 years, while first-degree felony aggravated sexual assault carries 5 to 99 years or life. Continuous sexual abuse of a child requires a minimum 25-year sentence without parole eligibility. Capital felonies involving aggravated sexual assault of a child under 6 can result in life imprisonment without parole.

Sex Offender Registration

Most sex crime convictions require registration with the Texas Sex Offender Registry for 10 years to life. Registration requirements restrict where you can live, where you can work, and require regular verification with law enforcement. Your information becomes publicly accessible, impacting employment, housing, and relationships for years or decades after completing any prison sentence.

Collateral Consequences

Beyond criminal penalties, sex crime convictions trigger devastating collateral consequences. Professional licenses may be revoked. Immigration consequences including deportation affect non-citizens. Child custody and visitation rights may be terminated. Employment opportunities disappear as background checks reveal convictions. These consequences often last longer and cause more harm than the criminal sentence itself.

How Sex Crime Investigations Work in Houston

Understanding how law enforcement investigates sex crimes helps us identify weaknesses and opportunities in the prosecution’s case. Houston Police Department’s Special Victims Division and the Harris County Sheriff’s Office handle most local investigations, while the FBI investigates federal offenses involving child exploitation, online solicitation, and trafficking.

Initial Report and Investigation

Investigations typically begin when an alleged victim reports to police or a mandatory reporter such as a teacher, counselor, or medical professional files a report. Investigators interview the accuser, often recording statements for later use. They gather physical evidence, obtain search warrants for electronic devices, and interview potential witnesses.

Forensic Interviews and Medical Examinations

Child victims typically undergo forensic interviews at child advocacy centers using specialized protocols designed to minimize suggestive questioning. Medical examinations document any physical findings. We obtain and analyze all forensic interview recordings and medical records, often finding that interview techniques violated protocols or that medical findings have innocent explanations.

Grand Jury and Charging

Felony sex crime charges in Harris County require grand jury indictment. The Harris County District Attorney’s Office presents evidence to grand jurors who decide whether probable cause exists to charge. Grand jury proceedings are secret, but we can sometimes prevent indictment by presenting exculpatory evidence before the grand jury convenes.

Why Choose Cory Roth Law Office for Sex Crime Defense

Experience with High-Stakes Defense

Sex crime allegations require criminal defense attorneys who understand what’s at stake and have the experience to handle these sensitive, complex cases. Our practice focuses on defending clients facing serious felony charges including assault, domestic violence, and aggravated assault. We understand Harris County courts, prosecutors, and investigation practices.

Aggressive Investigation and Preparation

We don’t wait for the prosecution to build their case. Our investigation begins immediately—interviewing witnesses, gathering evidence, and identifying weaknesses in allegations while memories are fresh and evidence is available. Early investigation often produces evidence that leads to case dismissals or significantly reduced charges.

Expert Resources

Complex sex crime cases require expert witnesses who can challenge prosecution evidence and present alternative explanations to juries. We work with forensic psychologists, child development specialists, computer forensic analysts, DNA experts, and medical professionals who provide crucial testimony supporting our defense strategies.

Discretion and Sensitivity

We understand that sex crime allegations create extraordinary personal stress. The stigma affects every aspect of your life even before any determination of guilt. We handle every case with complete discretion, protecting your privacy while aggressively defending your rights. Our goal is to resolve your case in a way that allows you to move forward with your life.

The Criminal Defense Process for Sex Crime Cases

Free Confidential Consultation

Your defense begins with a confidential consultation where we review your situation, explain the charges you face, and discuss potential defense strategies. We answer your questions honestly about possible outcomes and what to expect throughout the legal process. This consultation is protected by attorney-client privilege regardless of whether you hire us.

Pre-Indictment Defense

If possible, we prefer to intervene before formal charges are filed. Pre-indictment defense can include presenting exculpatory evidence to investigators or prosecutors, negotiating non-prosecution agreements, or preventing cases from being presented to grand juries. Early intervention offers the best opportunity to avoid the devastating consequences of formal charges.

Discovery and Case Building

Once charges are filed, we conduct comprehensive discovery to obtain all evidence the prosecution intends to use. We file motions to compel production of additional evidence, subpoena witnesses, and retain experts. Our independent investigation continues throughout this phase, often uncovering evidence that supports our defense theory.

Motions Practice

Strategic motion practice can significantly impact case outcomes. We file motions to suppress illegally obtained evidence, motions challenging probable cause, motions for discovery, and other pretrial motions designed to weaken the prosecution’s case or result in outright dismissal. Successful motions sometimes force prosecutors to offer favorable plea agreements or dismiss charges entirely.

Negotiation and Trial

We negotiate with prosecutors from a position of strength, demonstrating that we’re fully prepared for trial. When fair resolutions aren’t available, we take cases to trial before Harris County juries. Our trial preparation includes witness preparation, demonstrative evidence development, and comprehensive jury selection strategies designed to identify jurors who will fairly evaluate the evidence.

Contact Cory Roth Law Office Today

Sex crime allegations threaten everything you’ve built—your freedom, your family, your career, and your reputation. The Houston criminal justice system moves quickly, and prosecutors aggressively pursue these cases. You need experienced legal representation immediately to protect your rights and begin building your defense.

At Cory Roth Law Office, we provide the aggressive, strategic defense that sex crime cases demand. We investigate thoroughly, challenge every aspect of the prosecution’s case, and fight for the best possible outcome whether through dismissal, acquittal, or negotiated resolution. Our goal is to protect your future while treating you with the dignity and respect you deserve during this difficult time.

Don’t face these serious charges alone. Contact Cory Roth Law Office today for a confidential consultation about your case. We’re ready to listen to your side of the story, explain your options, and start working on your defense immediately. Your future is too important to trust to anything less than experienced, dedicated legal representation.

Call Cory Roth Law Office now or complete our online contact form to schedule your confidential consultation.

FAQs

Sex crimes in Houston encompass various offenses under Texas law. Sexual assault involves non-consensual sexual contact or penetration. Aggravated sexual assault includes use of weapons, serious injury, or victims under 14. Indecency with a child covers sexual contact or exposure involving minors. Child pornography includes possession, distribution, or production of explicit materials involving children.

Other offenses include prostitution, solicitation, public lewdness, online solicitation of a minor, and sexual performance by a child. Convictions carry severe penalties including prison time, substantial fines, and mandatory sex offender registration. These charges require immediate legal representation given their life-altering consequences.

Facing a false accusation of a sex crime can be an overwhelming and distressing experience. The first and most crucial step is to remain calm and refrain from making any statements to law enforcement without legal representation. Anything you say can be used against you, so it is vital to exercise your right to remain silent until you have consulted with an attorney. 

Gathering evidence that supports your innocence is another essential step. This may include collecting any communication records, such as text messages, emails, or social media interactions, that can corroborate your version of events. Additionally, identifying potential witnesses who can testify on your behalf can be invaluable. Your attorney will guide you through the process of building a robust defense, ensuring that all relevant evidence is preserved and presented effectively.

The legal process in sex crime cases can be complex and daunting, often involving multiple stages from investigation to trial. Initially, law enforcement will conduct an investigation, which may include gathering evidence, interviewing witnesses, and possibly arresting the accused. If charges are filed, the accused will have an arraignment where they will enter a plea.

Pre-trial proceedings follow, where both the defense and prosecution exchange evidence and file motions. During this phase, your attorney may negotiate with prosecutors to reach a plea agreement or prepare for trial if a favorable resolution cannot be achieved. If the case proceeds to trial, both sides will present their evidence and arguments, and a judge or jury will determine the outcome.

Throughout this process, having a knowledgeable attorney by your side is crucial. The Cory Roth Law Office will provide steadfast support, ensuring that your rights are upheld and that you are fully informed and prepared at every stage of the legal proceedings.

The criminal penalties for sex crimes largely depend on the type of charge and the circumstances involved in the case. Individuals who have prior sex crime convictions face steep penalties per Texas law.

Criminal penalties for misdemeanor sex crimes such as first-time prostitution or indecent exposure include:

  • Class A misdemeanor: A sentence of up to one year in state jail and a fine ranging up to $4,000.
  • Class B misdemeanor: A sentence of up to 180 days in state jail and a fine ranging up to $2,000.
  • Class C misdemeanor: A fine of up to $500.

Felony sex crimes in Texas, such as aggravated sexual assault, indecency with a child, or rape carry much harsher sentences, which include:

  • First-degree felony: A sentence of 5 to 99 years in state prison.
  • Second-degree felony: A sentence of two to 20 years in state prison.
  • Third-degree felony: A sentence of two to 10 years in state prison.
  • State jail felony: A sentence of 180 days to two years in state jail.

If you are still unclear about the possible criminal penalties that result from sex crime convictions, it is best to consult with an experienced defense attorney who can provide you with more information.

A conviction for a sex crime can have far-reaching consequences that extend beyond the immediate penalties of fines and imprisonment. One of the most significant impacts is the requirement to register as a sex offender, which can severely restrict your personal and professional life. Being on the sex offender registry can limit where you can live, work, and even who you can associate with, creating ongoing challenges in rebuilding your life post-conviction.

A sex crime conviction can tarnish your reputation, affecting relationships with family, friends, and the community. It can also hinder future employment opportunities, as many employers conduct background checks and may be reluctant to hire someone with such a conviction. The social stigma attached to sex crimes can be difficult to overcome, making it imperative to fight the charges with the help of an experienced attorney.

Texas has what is known as the sex offender registration program in which those convicted of sexual offenses must register their name and information with local authorities in the areas they reside. The goals of the sex offender registry are to try and discourage individuals from committing sex offenses and protect the public from offenders who may be likely to re-offend.

In many instances, depending on the sex offense, the offender must register for the rest of their life. Offenders are required to provide their vital information, including:

  • Full name
  • Date of birth
  • Social security and driver's license number
  • Phone number
  • Home address or detailed geographical location where they plan to reside.

Offenders must also provide other characteristics such as their weight, height, hair, and eye color. Additionally, a registered sex offender who spends more than 48 consecutive hours in a city or county at least three times per month other than the area where they are registered must report their presence to local law enforcement agencies.

The time that an offender's name must remain on the sex offender registry greatly depends on the nature of the criminal offense. Sex offenders must either register for 10 years or life with more serious offenses falling under the lifetime registration requirement. All information on the Texas sex offender registry is public record and easily accessible to potential employers, neighbors, and family members, making daily living challenging.

However, only those individuals who are convicted of sex crimes are required to place their names on the registry. For this reason, it is imperative that anyone who has been accused of an offense hire a skilled sex crimes defense lawyer who can develop solid legal defense strategies to protect their reputation and standing in the community.

In Texas, the possibility of expunging or sealing a criminal record depends on the specific circumstances of your case. Generally, if you were arrested but not convicted, or if your case was dismissed, you might be eligible for expungement. Expungement effectively removes the arrest and charges from your record, allowing you to legally deny the incident occurred.

However, if you were convicted of a sex crime, expungement is typically not an option. In some cases, you may be eligible for an order of nondisclosure, which seals your record from public view but still allows certain government agencies access. The eligibility for nondisclosure varies and is subject to specific legal criteria. Consulting with the Cory Roth Law Office can provide clarity on your options and help you pursue the best course of action for clearing your record.

A skilled defense attorney plays a pivotal role in navigating the complexities of a sex crime case. From the moment you engage their services, they will work tirelessly to protect your rights and develop a strategic defense tailored to your unique circumstances. This includes scrutinizing the prosecution's evidence for inconsistencies or procedural errors that could weaken their case.

Your attorney will also explore all possible defense avenues, such as challenging the credibility of the accuser, questioning the legality of evidence collection, or presenting an alibi. In some cases, they may negotiate with prosecutors to reduce charges or seek alternative sentencing options. 

If you have been arrested for a sex crime, you cannot wait to hire a criminal defense attorney. From the moment you are arrested, you need legal counsel from a highly trained attorney like Cory Roth on your side fighting for your rights. Cory Roth can advise you of your legal rights and what you should or should not say to the police.

The Cory Roth Law Office of Houston, TX, realizes that law enforcement officials and prosecutors are often overzealous when it comes to pursuing charges for sex crimes. As a result, the police and prosecutors do not take the time necessary to investigate the allegations made by the accuser thoroughly. Instead, they quickly press charges against the alleged offender, which can have long-lasting negative consequences for the accused.

However, the Cory Roth Law Office is dedicated to helping those accused of sex crimes fight to protect their good name and freedom. If we agree to take your case, we will immediately go over the evidence to determine weaknesses in the state's case and determine solid, effective defense strategies to deal with your legal issues.

If your case goes to court, Cory Roth will stand by your side throughout the entire legal process. The Cory Roth Law Office is client-centered and fully prepared to fight for your rights.

The Cory Roth Law Office is committed to providing personalized legal representation, ensuring that every aspect of your case is meticulously examined and that you receive the best possible outcome. If you have had an allegation made against you, contact our law offices in Houston at 832-819-5290 and ask to schedule a consultation.