Houston Sex Crimes Defense Attorney

Sex Crimes Defense Attorney in Houston, TX

Sex crime allegations are among the most serious charges in the Texas criminal justice system, carrying severe penalties, lifetime consequences, and devastating social stigma. If you’re facing sex crime charges in Houston or Harris County, you need experienced legal representation that understands the complexities of these cases and will fight vigorously to protect your rights, reputation, and freedom. At Cory Roth Law Office, we provide aggressive, confidential defense for individuals accused of sex crimes.

Understanding Sex Crimes Under Texas Law

Texas defines various sex crimes under Title 5 of the Texas Penal Code, each carrying different penalties and registration requirements. These charges range from misdemeanors to first-degree felonies, with some carrying potential life sentences.

Categories of Sex Crimes in Texas

Sexual Assault (Texas Penal Code Section 22.011) Sexual assault involves intentionally or knowingly causing sexual contact without consent or with someone incapable of giving consent. This includes situations involving:

  • Lack of consent due to force, threat, or coercion
  • Victims under 17 years of age
  • Victims who are mentally incapacitated or physically helpless

Aggravated Sexual Assault (Texas Penal Code Section 22.021) Aggravated sexual assault is sexual assault committed under aggravating circumstances, such as:

  • Use or exhibition of a deadly weapon
  • Causing serious bodily injury
  • Attempting to cause death or threatening death
  • Acting in concert with another person
  • Administering drugs without consent

Indecency with a Child (Texas Penal Code Section 21.11) This offense involves sexual contact or exposure with a child under 17 years of age, including:

  • Sexual contact with a child
  • Exposing oneself to a child with intent to arouse
  • Causing a child to expose themselves

Sexual Performance by a Child (Texas Penal Code Section 43.25) This crime involves employing, authorizing, or inducing a child under 18 to engage in sexual conduct for visual material production.

Penalties for Sex Crime Convictions in Houston

Sex crime convictions carry severe criminal penalties and collateral consequences that extend far beyond incarceration:

Criminal Penalties

Second-Degree Felony Sexual Assault

  • Prison: 2 to 20 years in state prison
  • Fines: Up to $10,000
  • Supervised release upon completion of sentence

First-Degree Felony Aggravated Sexual Assault

  • Prison: 5 to 99 years or life imprisonment
  • Fines: Up to $10,000
  • Minimum 25 years before parole eligibility in certain cases

Indecency with a Child

  • Second-degree felony: 2 to 20 years
  • Third-degree felony: 2 to 10 years (exposure cases)

Sex Offender Registration Requirements

Most sex crime convictions require lifetime registration as a sex offender under Texas Code of Criminal Procedure Chapter 62. Registration requirements include:

  • Annual registration with local law enforcement
  • Reporting address changes within seven days
  • Providing detailed personal information
  • Restrictions on residence and employment locations
  • Public disclosure of registration information
  • Travel restrictions and notification requirements

Strategic Defense Approaches for Sex Crime Cases

Defending against sex crime allegations requires a comprehensive approach that addresses both legal and investigative aspects:

Challenging the Evidence

Forensic Evidence Analysis Modern sex crime cases often involve complex forensic evidence, including:

  • DNA analysis and testing procedures
  • Digital evidence from phones and computers
  • Medical examination reports
  • Video and photographic evidence

Our defense team works with forensic experts to challenge evidence collection, testing procedures, and interpretation of results.

Witness Credibility Issues Many sex crime cases rely heavily on witness testimony. Defense strategies include:

  • Examining witness bias and motivations
  • Identifying inconsistencies in statements
  • Investigating witness background and credibility
  • Challenging identification procedures

Constitutional Defenses

Fourth Amendment Violations Evidence obtained through illegal searches and seizures must be excluded from trial. Common Fourth Amendment issues include:

  • Warrantless searches of electronic devices
  • Improper search warrant execution
  • Consent issues in evidence collection
  • Miranda rights violations during interrogation

Due Process Protections The Fourteenth Amendment guarantees due process rights, including:

  • Right to a fair trial
  • Presumption of innocence
  • Burden of proof on the prosecution
  • Right to confront witnesses

Affirmative Defenses

Consent In cases involving adults, consent can be a complete defense to sexual assault charges. This defense requires proving:

  • The alleged victim had the capacity to consent
  • Consent was freely given without coercion
  • No circumstances negated the ability to consent

Mistake of Age In certain circumstances, reasonable mistake about a minor’s age may provide a defense, though this is limited and fact-specific.

False Allegations Unfortunately, false accusations of sex crimes occur. Defending against false allegations involves:

  • Investigating the accuser’s motivations
  • Examining timing of allegations
  • Identifying inconsistencies in the accusation
  • Presenting alibi evidence when available

The Investigation Process in Houston Sex Crime Cases

Understanding how sex crime investigations proceed helps in building an effective defense:

Initial Investigation Phase

Police Response and Evidence Collection Houston Police Department’s Special Victims Division handles sex crime investigations. Initial response typically includes:

  • Securing the alleged crime scene
  • Collecting physical evidence
  • Conducting preliminary interviews
  • Arranging medical examinations when appropriate

Forensic Interviews Specialized interviewers conduct forensic interviews with alleged victims, particularly children. These interviews are recorded and often become crucial evidence in prosecutions.

Advanced Investigation Techniques

Digital Forensics Modern investigations frequently involve examination of:

  • Cell phones and text messages
  • Social media communications
  • Computer hard drives and internet history
  • Cloud storage and backup files

Surveillance and Undercover Operations In certain cases, law enforcement may employ:

  • Electronic surveillance with court approval
  • Undercover operations in online investigations
  • Controlled phone calls and meetings
  • Video surveillance of suspects

Harris County Prosecution Approach

The Harris County District Attorney’s Office has specialized prosecutors who handle sex crime cases. Understanding their approach helps in defense preparation:

Specialized Court Programs

Sexual Assault Court Program Harris County operates specialized courts for sexual assault cases with judges and staff trained in trauma-informed practices and the complexities of sex crime prosecutions.

Child Abuse Court Cases involving child victims are handled in specialized courts designed to minimize trauma to young witnesses while ensuring fair proceedings.

Prosecution Strategies

Expert Testimony Prosecutors frequently use expert witnesses to explain:

  • Trauma responses and delayed reporting
  • Child development and disclosure patterns
  • Forensic evidence interpretation
  • Medical findings and their significance

Victim Impact Evidence Texas law allows extensive victim impact evidence, which prosecutors use to demonstrate the alleged harm caused by the defendant’s actions.

Contact Cory Roth Law Office for Confidential Consultation

If you’re facing sex crime allegations in Houston or Harris County, time is critical. Early intervention by an experienced sex crime defense attorney can significantly impact your case outcome and protect your future.

At Cory Roth Law Office, we understand the devastating impact of sex crime allegations on individuals and families. We provide aggressive, confidential representation while treating every client with dignity and respect. Our goal is to achieve the best possible outcome while helping you navigate this difficult time.

Why Choose Our Firm?

  • Extensive experience in sex crime defense
  • Comprehensive investigation and expert resources
  • Confidential, judgment-free representation
  • Proven track record of successful outcomes
  • Compassionate support throughout the legal process

Don’t let sex crime allegations destroy your life and future. Contact Cory Roth Law Office today for a confidential consultation to discuss your case and explore your defense options. We’re here to protect your rights, your reputation, and your freedom.

Sex Crime Defense Legal Resources

Key legal resources for understanding sex crime defense include:

Texas Legal Framework

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.