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.