Sexual Assault/Child Abuse Attorney in Irving

Experienced Defense Representation to Combat Your Sex Crime Charges

Sexual assault and child abuse cases are very delicate matters that require careful attention. Oftentimes, there’s very little evidence to work with, and it’s important to conduct a thorough investigation to get a full picture of the circumstances and allegations against you. Kelley Legal is experienced in handling these kinds of cases and will fight to protect your rights at every stage. The consequences of a conviction could follow you for life. Don’t take the risk without enlisting the legal support of an experienced defense lawyer.

Contact Kelley Legal today for a free consultation to discuss your defense. 

Sexual Assault Laws

In Texas, sexual assault is when someone intentionally and knowingly commits prohibited sexual activities against another person without their consent. 

There’s a lack of consent when:

• Physical violence was threatened or used in order to get the alleged victim to submit to the defendant’s actions; or
• The alleged victim for any reason is physically unable to resist or understand the nature of the act being performed. 

In general, there’s also a lack of consent in any situation where the defendant is in a place of power or charged with the care of the alleged victim, such as if the defendant is a healthcare provider, clergyman, public servant, or employee of a facility where the alleged victim resides.

When consent is disputed because of intoxication, miscommunication, or conflicting accounts, I review police reports and available video evidence to examine what each person said about the encounter.

A charge of sexual assault elevates to the level of aggravated sexual assault if any of the following occur during the offense:

• The defendant caused serious bodily injury or attempted to cause the death of the alleged victim
• The defendant placed the alleged victim in fear of death, serious bodily injury, or kidnapping
• The defendant used or exhibited a deadly weapon during the crime
• The defendant acted with another individual to commit the offense
• The defendant administered a substance capable of impairing the alleged victim’s ability to appraise or resist the act, with the intent of making the crime easier to carry out
• The alleged victim is an elderly or disabled individual
• The alleged victim is younger than 14 years old

Statutory rape, or sexual intercourse with a minor younger than 17 years old, is also a crime of sexual assault or aggravated sexual assault.

A sexual assault is typically charged as a second-degree felony punishable by two to 20 years in state prison and/or a fine of up to $10,000. Aggravated sexual assault is a first-degree felony punishable by five to 99 years in state prison and up to $10,000 in fines, with possible mandatory minimum sentences depending on the age of the alleged victim and the severity of the offense.

Long-Term Consequences & Disputed Allegations

Certain reportable convictions and adjudications require sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure. Depending on the offense, registration duties last for 10 years after discharge from supervision or for life. Those duties include recurring in-person verification with local law enforcement, and registration information is included in a public database.

A false accusation can arise from a misunderstanding, revenge, or a custody dispute. I examine the consistency of the accounts, communications between the people involved, police records, and other available evidence. I also evaluate the full consequences of the accusation before advising you about a defense strategy. When the circumstances support it, I can pursue a charge reduction, pretrial diversion, or another alternative resolution.

Call me at (469) 564-3420 or use the contact form to request a free initial consultation about your defense.