Contesting Sex Offense Charges

IF YOU HAD A TERMINAL HEART CONDITION, YOU WOULD NOT TURN TO A DOCTOR WITH A GENERAL PRACTICE. YOU WOULD SEEK A SPECIALIZED CARDIOLOGIST. LIKEWISE, WHEN YOU ARE ACCUSED OF A SEXUAL OFFENSE FACING LIFE IN PRISON, YOU MUST HAVE AN EXPERIENCED DEFENSE TEAM THAT SUCCESSFULLY DEFENDS SEX CASES JUST LIKE YOURS EVERY SINGLE DAY.

You need our elite sexual assault defense team. Sex cases have forensic science, DNA, and evidentiary issues that most attorneys do not understand. Our unique defense team can anticipate the State’s investigative and prosecutorial strategies to give you the advantage that your life depends upon. We can put an end to your worst nightmare.

An allegation that you have committed a sexual offense is devastating. Life in prison is worse. Our talented sexual assault defense team has successfully protected countless people accused of sex crimes since 1974. In fact, we have a higher percentage of getting sex cases “no-billed” (dismissed) by submitting “packets” to the Grand Jury than any other type of crime. That is remarkable considering the horrific consequences of a prosecution and/or conviction for a sex crime.

Charges: Ongoing Continuous Aggravated Sexual Assault of a Child. Result: CASE DISMISSED EVEN BEFORE THE GRAND JURY MEETING! D.K. was arrested and faced a range of punishment of 25 years up to life in the pen without parole. He was thrown in jail with an enormous bond of $250,000 he could not post. Immediately after the family hired our team, we filed a Writ of Habeas Corpus -Motion to Reduce Bond and it was reduced down to only $500. Within days, all charges were dismissed. By hiring our firm immediately after the allegations arose, D.K. avoided indictment by the Grand Jury and a lifetime behind bars. State of Texas vs. D.K.

Charges: Multiple Cases in Two Different Counties of Ongoing Continuous Aggravated Sexual Assault of a Child. Result: WE SUBMITTED PACKETS TO BOTH DENTON AND COLLIN COUNTIES AND BOTH DISTRICT ATTORNEYS’ OFFICES AGREED TO REFUSE ALL 5 CASES. C.D.B. was accused of repeated molestation of his stepdaughter over a ten-year span. She made claims that he sexually assaulted her not only when they lived in Plano, but also when they moved to Denton County. Facing life in prison, C.D.B. came in to see us as soon as he found out he had been accused. We saved his neck and he is now a free man without the burden of a lifetime in prison nor registration as a sex offender. State of Texas vs. C.D.B.

Charge: Sexual Assault. Result: GRAND JURY “NO-BILL” AND CASE DISMISSED. D.D. was accused of sexually assaulting a co-worker and was under police investigation. A detective left him a voicemail requesting a return call, and he wisely called us before calling the police back. We instructed D.D. not to speak to the Detective and submitted a packet to the Rockwall County District Attorney. All charges were dropped. State of Texas vs. D.D.

“Only slightly less horrendous than the actual sexual assault of a child is the use of a child as a weapon in a domestic relations battle.” Since we also practice Family and Divorce Law, we see repulsive false allegations of sexual abuse on a disturbingly frequent basis.

Charge: Aggravated Sexual Assault of A Child Under 14. Result: Grand Jury returned a “no-bill” and CASE DISMISSED. B.R.’s future ex-wife kidnapped their pre-teen daughter and son just prior to filing a divorce against him. According to the ex-wife seeking custody of their two kids, the girl made an outcry of sexual abuse during the pendency of the divorce. B.R. was facing life in prison and being deprived of possession and access to his children. He hired us immediately after the allegations arose. We submitted a “packet” to the Grand Jury, saved B.R.’s life, and we got his innocent son back to him. State of Texas vs. B.R.

Do not put your freedom, your family and your future at risk. We have defended Texans over 5 decades against sex offense allegations such as:

Sexual Assault
Aggravated Sexual Assault
Sexual Assault of a Child
Aggravated Sexual Assault of a Child
Ongoing Continuous Sexual Assault of a Child
Indecency with a Child — Sexual Contact
Indecent Exposure
Improper Relationship with a Student by an Educator
Failure to Register as a Sex Offender
Online Solicitation of a Minor
Soliciting Prostitution

Penalties And Consequences Of Sex Crime Convictions

Aggravated sexual assault generally has the following penalties:

First-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 five 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.

Ongoing 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 ongoing 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 ongoing sexual abuse of a child.

Automatic life sentence 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.

You Need Our Accomplished and Impressive Sex Offense Defense Team – RIGHT NOW!

Result: THE DISTRICT ATTORNEY’S LOWEST OFFER WAS 40 YEARS IN THE PEN. INSTEAD OF PLEADING, MR. PELLEY GOT THE CASE DISMISSED. Charges: Aggravated Sexual Assault of a Child. T.A.H. was accused of repeatedly raping his teenage daughter. After forensic interviews of the child by CPS and the CAC, the police arrested T.A.H. Many other law firms refused to represent him due to the circumstances. Our team agreed to take on the seemingly impossible task. The District Attorney refused to reduce their offer of 40 years TDC. T.A.H. then made his situation worse by violating his bond when caught in a school zone. As such, he was sent back to county jail awaiting trial. On the morning of trial, we convinced the District Attorney to dismiss the case and T.A.H. was set free. In short, we saved his life. State of Texas vs. T.A.H.

Contact Pelley Law Office, L.L.P., Today

Do not fool yourself by hoping your criminal problems will go away. They will not. Pick up your phone and call us right now at 972-608-0335, or send us an email. Our experienced sexual offense defense team is ready to start fighting for you immediately. Each moment that goes by is bad for you, and good for the prosecution.

The best way to predict your future are the results we have achieved in the past.

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Case Results

Charge: Sexual Assault of a Child
Charge: Improper Relationship with Educator & Student

High School Coach D.H.I. was indicted for having sex with one of his 15 year-old female student athletes. Prior to the time he came in to visit with Mr. Pelley, D.H.I. had hired and fired 3-4 other lawyers and paid them a lot of money he never got back. The District Attorney was adamant that he wanted D.H.I. to go to prison and refused to offer probation. Prior to hiring Mr. Pelley, D.H.I. was jailed for months for violating his bond conditions by getting caught with the alleged victim in his truck. D.H.I. later reported to Mr. Pelley that the judge told him, "If I see you again, I am going to bury you under the jail."

Unhappy with his prior 3-4 lawyers and facing 20 years in prison and a lifetime of registration as a sex offender, D.H.I. hired Mr. Pelley. Mr. Pelley set the matter for a jury trial after doing his own independent investigation. After Mr. Pelley got both cases dismissed prior to trial, D.H.I.'s parting words to him were simply, "Thank you. Hiring you was the best decision I ever made."

- D.H.I.

Result: Dismissed

State of Texas vs. W.P.

Charge: Sexual Assault of a Child.

Facing certain deportation following 20 years in prison for Sexual Assault of a Child, W.P.'s family hired Mr. Pelley immediately after the 14 year-old complaining witness reported that W.P. had repeatedly raped her against her will. W.P. was not a U.S. Citizen and the complaining witness told the detective that she was drugged before she was raped by C.W.

Mr. Pelley used his extensive experience of exactly how to address these allegations at the Grand Jury meeting. Our defense team obtained a "No Bill" by the Grand Jury and charges were dismissed. Result: Case "No-Billed" by the Grand Jury and case dismissed.

State of Texas vs. G.W.

Aggravated Sexual Assault of a Child--Under 14 Years of Age

G.W. was accused of an enhanced 1st degree felony and faced 99 years up to lifetime confinement in prison. He immediately hired us. "A packet" was prepared and submitted to the Grand Jury in Collin County of which G.W. stated "saved my life." Result: Grand Jury "no-billed" The Case; Charges Dropped.

State of Texas vs. B.R.

Charge: Aggravated Sexual Assault of a Child Under 14

While her parents were in the beginning stages of a divorce, a young girl made the allegation that her father had been molesting and raping her. The girl and her mother moved out and into another county. They would not legally have been allowed to do so without this false allegation that left B.R. facing 99 years up to life in prison. B.R. immediately hired us, and we submitted a very thorough "packet" to the Grand Jury.Result: Grand Jury "no-billed" The Case; Charges Dropped.

State of Texas vs. C.B.

Charge: Continuous On-Going Aggravated Sexual Assault of a Child

C.B. was accused of sexually molesting his step-daughter in two separate North Texas counties over a long period of time. As such, the range of punishment would have been enhanced to a minimum of 25 years confinement up to life in all cases with no possibility of probation if C.B. were to lose at trial! C.B. hired Mr. Pelley when the allegations first arose. Mr. Pelley and staff prepared a very thorough Grand Jury packet and submitted it to the District Attorneys' offices in both Counties prior to the Grand Jury meetings. Result: All 5 Cases Were Refused By Both Of The District Attorneys' Offices After Reviewing Our "packet."

State of Texas vs. J.T.

Charge: Sexual Assault of a Child

J.T. was accused of sexual assaulting his young step-daughter on many occasions. A police detective made repeated attempts to contact J.T. and conveyed to the complainant's mother that she believed that the young girl had been raped by J.T. Instead of following his feelings and contacting the detective, he came to the office and hired us. J.T. was facing a minimum of 25 years and up to life. Our office intervened, and the investigation was closed within 2 short months.Result: Charges Dropped.

State Of Texas Vs. T.l.

Charge: Sexual Assault of a Child

A young girl made a report to the authorities that T.L. had raped her. T.L. came to the office and we notified the police and the District Attorney's office that we represented T.L. Approximately 3 months after our firm contacted the D.A., the charges were refused and T.L. walked free.Result: District Attorney Refused The Case; Charges Dropped.

State Of Texas Vs. T.h.

Charge: Aggravated Sexual Assault of a Child Under 14

A very young girl made an allegation that her father had been raping her for most of her life. Client hired us, and he was facing up to 99 years or life in prison. The District Attorney's office made T.H. a plea offer of 35 years confinement in the Texas Department of Correctional Facilities ("the pen"). Accordingly, we set the matter for trial. The morning of trial, standing in the courtroom that same District Attorney made the announcement in open court that all charges were dismissed.Result: District Attorney Dismissed The Case; Charges Dropped.

State of Texas vs. D.D.

Charge: Sexual Assault

A woman that our client worked with was mad at D.D. and called the police and claimed that he sexually assaulted her at work. A detective contacted him, but we had represented him before on a civil matter so he scheduled an appointment with us first. Based on the allegations in this case, the detective would most certainly have had D.D. arrested if he would have spoken with him first and he would be facing 20 years confinement. Instead, we intervened and he was never arrested.

Result: Grand Jury "no-billed" The Case; Charges Dropped.

State of Texas vs. D.K.

Charge: Aggravated Sexual Assault of a Child Under 14

D.K. was arrested after his daughter made an allegation that he was sexually assaulting her. She had severe mental disabilities. Unfortunately, bail was set at $250,000 and D.K. did not have adequate funds to both hire an attorney to defend him against these allegations that could result in him receiving a life sentence. D.K.'s wife hired our firm to file a Writ of Habeas Corpus--Motion to Reduce Bond. Within days, the bond was reduced down to only $500 and shortly after D.K.'s family hired our firm to file the Writ and explain the weaknesses of the State's case to the DA, the case was refused by the DA.Result: Charges Dismissed And Case Refused Before The Grand Jury Even Met.