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Is there any crime other than sexual assault of a child that produces such immediate public anger? When we ask potential jurors if they believe children never lie about these types of allegations, why are we not surprised when most of them answer that children never make these accusations up? Overcoming the biases and prejudices people have toward these accusations is extremely challenging and getting a fair trial, despite the presumption of innocence, has been a battle every time we have tried one of these cases.
However, overcoming the preconceived notions that so many people, and jurors, hold toward child sexual assault cases is one of the most important aspect of mounting a successful defense against these charged. The fact is, the accused has the right to a presumption of innocence, and our role your defense attorneys is to ensure that this presumption of innocence is upheld by the jury throughout the trial. It is the responsibility of the state to prove that the accused has in fact committed the crime of child sexual assault – beyond a reasonable doubt. In many cases, we make that an impossiblity, because so many of the circumstances surrounding the case give rise to genuine reasonable doubt.
There is no question that this charge is the most dangerous and life-altering moment in your life. If you or someone you love has been accused of this serious offense, it’s expected and natural for you to be petrified at this moment. What you need is to pull yourself together and start fighting for your life. However, you should never fight this alone. You don’t just need a lawyer, you need a team of experienced sex crime defense lawyers and staff. Schiffer Law Firm is that team.
With over 45 years of combined defense experience, as well as working in both state and federal prosecutors’ offices, both prosecuting and defending sexual assault of a child cases, our attorneys have found that investigation and intensive preparation are the keys to a successful resolution.
The definition of child sexual assault in Texas is causing the penetration of the anus, vagina, or mouth of a person under the age of 17 by any means, or by having contact by your mouth or genitalia with the child’s above-mentioned areas. The range of penalty is up to 20 years in prison, and up to a $10k fine.
If the child is under 14 years of age, the crime is upgraded to the first-degree felony of aggravated sexual assault of a child and the range of punishment is from 5 years to 99 years, life in prison, and up to a $10K fine. In addition, the possibility of probation will be virtually eliminated if an individual is convicted of aggravated sexual assault of a child.
Regardless of whether a person receives probation or goes to prison, there is a duty of lifetime registration as a sex offender with significant restrictions on where a person can live, not to mention the devastating effect on your employment prospects and your personal life. The long and short of it is that you are in for the fight of your life.
The requirements for sex offenders to join a registry in Texas are constantly evolving. Many people are required to register for life, sometimes even in spite of plea agreements they had previously made with prosecutors. Other time periods such as a minimum of ten years are common.
Due to the complicated nature of these laws, it’s important that you consult an attorney to help you understand your obligations. Naturally, it is highly recommended that you speak with a good child sexual assault attorney before you even go to trial – in this way, you may avoid needing to register as a sex offender to begin with.
The laws regarding child sexual assault in Texas are varied, yet all carry severe penalties. No allegation of child sexual assault should be taken lightly.
Indecency with a child is a similar crime to child sexual assault. It involves sexual contact with a minor, or the exposure of one’s own anus or genitals with the intent to stimulate sexual arousal in oneself, while being aware that a child is present.
Continuous sexual abuse of a child involves sexual abuse committed against a child over a period that is 30 days or longer. It is often correlated with child sexual assault, and as such you need to be aware of the definition of this crime and the possibility that it may apply to your case.
Offenses relating to the possession or distribution of child pornography are often involved in child sexual assault cases, if the child that is the victim of sexual assault is featured in the child pornography.
When you’re charged with child sexual assault, there are a few things you need to be conscious of in order to ensure you can present an adequate defense and get through the process in the best condition that is possible under the circumstances.
The first thing to be aware of is public opinion, particularly in your immediate circles. These accusations or charges can lead to ostracization even in the absence of a conviction. Your family, friends and employer may treat you differently if they are made aware of the charges. It’s critical that you contact an experienced child sexual assault defense firm as soon as you are made aware that you are suspected of or being charged with these types of crimes.
An experienced child sexual assault defense firm will give you a roadmap that you can easily follow. This will include a planned defense against any charges and other actions that you must take in order to keep your life in order.
Being found guilty of continuous sexual abuse of a child results not only in a lengthy prison sentence and thousands of dollars in fines, you’ll also face additional difficulties if, and when, you’re released. These ramifications can change your life and affect your personal relationships. Some of these consequences are:
You should never fight such a serious charge as sexual assault of a child alone. If you or someone you love is being accused of this crime, call our firm immediately. Our sex crimes team has over 45 years of combined defense experience, and has successfully defended sexual assault of a child cases before. We know what it takes to protect your rights.
It is also important that you have a defense attorney who will treat you with respect despite the charges against you. At the Schiffer Law Firm, you will be welcomed openly and treated with dignity from the moment you contact us. We know that these are difficult times, and we will handle your case sensitively to make sure that you get through the process with the best possible result. Don’t wait any longer. The sooner you get in touch with us, the sooner we can begin to build your defense.
That’s a great question, but you won’t find the answer here. While there is nothing inherently secret about a great defense, some attorneys are simply better prepared, more creative, and more experienced than others. It’s that combination that makes our sex crimes defense team so successful in defending these cases. A professional sports team, or an army preparing for battle, doesn’t disclose its strategy to the opposition. It is only through a confidential, in-person, meeting with our attorneys, where your information is protected by the attorney-client privilege and away from any prying wire taps or snooping law enforcement investigators, that we will discuss potential strategies that are tailored specifically for you.
Call today to set up a confidential in-office or virtual meeting.
The first thing you need to do is accept the situation. You have been charged with a crime, and yes, this is really happening. Having worked with thousands of clients throughout our attorneys’ careers, we understand thoroughly the storm of emotions that you may be feeling right now. Accepting the situation you are in will allow you to make rational decisions moving forward.
Now that you’ve accepted the reality of your situation, it is imperative that you maintain a clear head and stay in control of your emotions. In far too many situations, we see clients betrayed by their emotions which negatively impacts their own defense. Panic, anxiety, and second-guessing everything is the soil where bad legal strategy and decision making grows.
If you find yourself stressing about your situation, do what you can to calm yourself down. If you find that you need to talk with someone, please call us. We’ll discuss what’s going on and help you get a clear picture of your situation.
