Aggressive Defense of Sexual Assault, Other Sex Charges
An allegation of a sex offense can be devastating. Prison is worse. Pelley Law Office, L.L.P. has helped falsely accused clients to get their cases dismissed.
We aggressively defend cases of citizens falsely accused of heinous sex crimes. False allegations of sex offenses happen far too often. Since we have practiced Divorce Law since 1974, we have seen false allegations countless times over the years. It is all too prevalent in child-custody/divorce battles. We find that despicable.
Consequences
Aggravated Sexual Assault generally has the following range of punishment:
- 1st Degree Felony: 5-99 years in the Texas Department of Criminal Justice (TDCJ); Up to a $10,000 fine; Or, both such fine and confinement.
Sexual Assault Offenses are referred to as "3g Offenses." After September 1, 2009, a citizen accused of most sexual offenses is not eligible for community supervision (probation) following a conviction at trial. In other words, if you are found guilty of aggravated sexual assault, either the judge or jury will be forced to sentence you to between 5 years and 99 years in prison.
Repeat Sex Offender Capital Offense:
A defendant faces death or life without parole if he commits aggravated sexual assault against a child under six (6), or violent aggravated sexual abuse (fear or infliction of serious bodily injury/death/kidnapping/deadly weapon) against a child under fourteen (14), after having previously served time in prison for the same.
Super Aggravated Sexual Abuse of a Child:
For aggravated sexual abuse of a child where the child is under six (6) years of age, or if it is proven that violent aggravated sexual abuse (fear of infliction of serious bodily injury or death, kidnapping, or deadly weapon) occurs with a child under the age of fourteen (14), then there is a minimum of twenty-five (25) years confinement in prison.
Special Bond Conditions:
As a condition of bond in cases involving children, the District Judge can restrict access to children. In our experience, that means “no contact” whatsoever, verbal or otherwise. That means you cannot even go to church if there are children at church.
A judge may revoke the bond of a person accused of family violence if the person violates a bond condition related to the victim’s or community’s safety.
If the judge finds by a preponderance of the evidence that the bond violation related to the victim’s safety or the safety of the community, then he/she may deny bond. That means you sit in jail awaiting trial.
“On-Going Sexual Abuse of a Child”:
- A person seventeen (17) years of age or older who sexually abuses a child under fourteen (14) repeatedly ‘during a period that is thirty (30) or more days in duration;
- Minimum punishment of twenty-five (25) years in prison, and life without parole for habitual offenders;
- No probation; No deferred adjudication.
No Requirement for Jury Unanimity on Offense Dates for “On-Going Sexual Abuse of a Child”:
The jury is not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. The jury must agree unanimously that the defendant, during a period that is thirty (30) or more days in duration, committed two or more acts of sexual abuse against a child in order to prove “On-Going Sexual Abuse of a Child.”
Automatic Life Sentence [thirty-five (35) year minimum] for repeat offenders:
A person on trial for sexual assault, aggravated sexual assault, or indecency with a child by contact gets automatic life if he/she has a prior conviction for a felony sex offense.
Sex Offender Registration:
Pursuant to Tex. Code Crim. P. ART. 62, unless your case is dismissed or you are acquitted, then you will be required to register as a Sex Offender. Every time you move residences, you will be required to re-register 7 days before you move and within seven (7) days after you move.
If you go somewhere for 2 days, three times a month, then you must report to the authorities in that city or county as well. Failure to comply with registration requirements is another felony. Depending on the circumstances of the particular case, the range of punishment can be 180 days to 20 years in prison, for each violation.
If you must register, then police will also automatically be provided your Sex Offender status upon request when they run a check on your driver’s license or license plate number. In addition, the Texas Attorney General has authorized local governments as of 2003 to broadcast information about registered sex offenders on a local cable TV channel because it is “public information.”
Contact for a Free Consultation.
Do not put your freedom, your family and your future at risk. Contact a criminal defense attorney at Pelley Law Office, L.L.P. who understands how to properly defend a sex allegation. We have been defending residents of North Texas since 1974. Several sex offense allegations include:
- Sexual Assault (rape)
- Aggravated Sexual Assault
- Sexual Assault of a Child
- Aggravated Sexual Assault of a Child
- Indecency with a Child — Sexual Contact
- Failure to Register as a Sex Offender
- Internet Solicitation of a Minor
Representing Those Falsely Accused of Child Sex Abuse
Other than Capital Murder, there is no allegation more damaging or more dangerous than being accused of a sex crime.
Dallas Sex Crimes Attorneys
If you have been accused of any sex crime, it is important to seek skilled legal representation. Talk to a criminal defense lawyer at Pelley Law Office, L.L.P. We offer a free consultation. Contact or call 972-608-0335 or 903-813-4778. Since the rest of your life depends on this, we suggest you call and set an appointment today.
