The Texas Penal Code provides the details of public recording laws in Texas. Until recently, Texas used the term “improper photography” to describe illegal recording in public. However, after the Supreme Court decided this law had the risk of violating the 1st Amendment rights of citizens, the law was changed. The Penal Code now refers to invasive visual recording. It now has a slightly different focus. While the old improper photography law focused on photos taken in order to gratify the sexual desire of any person, the new law focuses on photographing or recording the intimate areas or genitals of another person without that person’s consent and in order to gratify sexual desire. Both laws proscribed non-consensual photography in bathrooms and changing rooms as well. The new law places a focus on public photography done for indecent purposes.

Contact an Experienced College Station Sex Crimes Attorney for Help!

A defense attorney could argue against charges under the new law in a similar fashion as arguments made against charges under the old improper photography law. However, the new law is much more specific so the defense arguments would have to be equally precise. To obtain a conviction, the prosecution must prove the defendant was taking pictures in order to gratify or arouse sexual desire. The defense attorney may also argue there were not enough pictures to show a pattern of any inappropriate behavior. They could argue the photos were merely coincidental and were only being taken for legitimate purposes. If the illicit intent of the defendant cannot be proven, the charges may be reduced to a less serious offense. If we decide to accept representation in your case, rest assured you will have an experienced defense lawyer on your side, fully prepared to go the distance to defend your legal rights.

People are taking pictures in public everywhere you go. Smart phones and digital cameras give nearly everyone constant access to high-definition recording devices. In most cases, there is nothing wrong with snapping a quick photo of a landmark or some interesting scenery. However, taking pictures of other people without their permission may be crossing the line. Until recently, it was generally considered legal to photograph nearly anything in a public place. However, Texas laws have changed to counteract the growing problem of unwanted, voyeuristic public photography. Under the new law, a person who takes an inappropriate picture of someone else may find themselves dealing with a criminal record.

The most important thing you can do when under investigation is REMAIN ABSOLUTELY SILENT! This means you don’t talk to the police, your family, child protective services, or anyone else. We know what’s at stake. If you reach to us for help, and if we decide to accept representation in your case, rest assured we will do everything in our power to keep the worst from happening to you. We will fight against prosecutors who want to convict you, whether you’re guilty or not. You need focused legal assistance.

Molesting a child is a crime involving sexual or inappropriate contact between an adult and a child. Commonly referred to as pedophilia, child abuse or child rape, molestation is a serious crime. Texas has several laws that apply to molestation cases, all of which provide for criminal penalties for any violator. Texas law deals with child molestation in terms of sexual abuse or sexual conduct or indecency with a child. The law considers anyone younger than the age of 17 a child, though more significant penalties can apply if the child is younger. For example, Texas Penal Code section 21.11 criminalizes indecency with a child as sexual contact with a child and charges it as a third degree felony. Continual sexual abuse of a child, as defined in Texas Penal Code 21.02, is two or more acts of sexual contact between a person older than 17 and younger than 14, and is charged as first-degree felony.

Contact a Child Molestation Defense Attorney Immediately!

This is not something you can risk. We do not want these things to happen to you any more than you want them to happen. We thoroughly investigate the details of the incident responsible for the charges that have been brought against you. We will fight to make sure that any factor that might exonerate you is brought to the attention of prosecutors. Call us today for a consultation and to see how we can help.

The offense of online solicitation of a minor is defined in Texas Penal Code Section 33.021. The Texas legislature recently made amendments to the law to address recent constitutional challenges and those changes went into effect as of September 1, 2015. There are two ways an individual can be charged with online solicitation of a minor. A minor is anyone under the age of 17.

• Under Section 33.021(b), an adult commits an offense if he or she, through the Internet or any electronic message service, intentionally communicates in a sexually explicit manner with a minor or distributes sexually explicit material to a minor. Sexually explicit means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct.
• Under Section 33.021(c), a person commits an offense if he or she, through the internet or any electronic message service, knowingly solicits a minor to meet with the intent that the minor would engage in sexual contact, sexual intercourse or deviate sexual intercourse.

Get Help to Prepare Your Defense Against These Charges!

The laws specifically state it’s not a defense to prosecution that the meeting did not actually occur. However, it is a defense to online solicitation under this section if:

• The accused was married to the minor at the time of the offense; or
• The accused was not more than 3 years older than the minor and the minor consented to the conduct

There have been a number of constitutional challenges to this statute in recent years. As recently as 2015, a Texas district court declared this law unconstitutional as a violation of freedom of speech. However, this issue is not well settled as various courts have disagreed on this matter and the legislature has amended the law to address the concerns over constitutionality. This means a conviction under this law is still possible. Amendments to the statute do not apply to charges filed prior to September 1, 2015. Depending on the facts of your case, it may be possible to present a constitutional challenge to charges brought against you under this statute.

It’s common for Internet users to have fantasy chats with other adults who pretend to be children or teenagers under 17 years old. If the minor appears to be persistent in meeting you, there’s an excellent chance you may be having a fantasy chat with an undercover cop who’s setting you up for a sting operation. Whether you use the Internet to have fantasy relationships with children or you want to have a real connection with a minor, you place yourself at risk for arrest and incarceration. In Texas, soliciting a minor online is a felony offense, which means steep fines, significant jail time, and having to register as a sex offender if you are convicted. Online solicitation of a minor is a serious offense that has life-altering consequences. The stakes are too high to be without a qualified and skilled attorney. If you have been charged with online solicitation of a minor, the most important decision you will make is hiring a Bryan-College Station child sex abuse lawyer to represent you.

What, exactly, is consent? This is a distinction an experienced criminal defense attorney knows well and can explain. Did you try to talk your partner into a sexual act? Did they then say yes? You might potentially be vulnerable if they decide to press charges, even if you believed you had their consent. You need a qualified criminal defense attorney to make sense of the situation for you.

Whether you had your partner’s technical consent, or whether other mitigating factors exist, the rest of your life may be on the line. A sexual assault charge carries some of the most heinous of implications and penalties. A conviction can stain your reputation for life. It’s vile in the public eye and you may be marked as a sex offender for the remainder of your life.

Contact a Brazos County Sexual Assault Lawyer the Moment You’ve Been Accused!

Stop a nightmare of this sort before it starts. REMAIN ABSOLUTELY SILENT! The police typically use covert tactics to investigate these types of allegations. Remaining silent is the best way to protect yourself from incrimination. We are experienced in looking for and finding the small details of your charge that may make the difference between your imprisonment and a lifetime of embarrassment, or exoneration. A sexual assault charge is not something you can handle on your own. Nor do you want to enlist the services of a lawyer who has not been down this road, with other clients, countless times before. Your future is at stake – don’t shortchange it.

Our consultations are confidential. We cannot repeat the details of anything you tell us. And we are on your side. If we decide to accept representation in your case, rest assured you will have a successful criminal attorney on your side, fully prepared to go the distance to defend your legal rights. We can sort through your case and find possible defenses. We may bring your defense to the attention of the prosecutor. Sometimes, we can downgrade the charges against you or sometimes we can erase them entirely.

Texas defines sexual assault as “any oral, anal or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.” But sexual assault cannot  occur if you have your partner’s consent. And therein lies the rub.

Texas has five statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. One or more of these charges may be used to prosecute violations of the Texas Age of Consent, as statutory rape or the Texas equivalent of that charge. The severity of the criminal charge (felony, misdemeanor, etc) depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. Our criminal defense firm has a thorough understanding of statutory rape laws and can provide a level of defense needed to fight these allegations. Acting quickly to begin your defense is of the utmost importance.

Call a Bryan-College Station Statutory Rape Defense Attorney!

If we decide to accept representation in your case, rest assured you will have an experienced rape defense lawyer on your side, fully prepared to go the distance to defend your legal rights. To provide you with a compelling defense our firm will take steps to investigate the charges thoroughly, including reviewing all possible evidence against you. These cases can be difficult to defend, so choosing the right attorney having the resources and experience to aggressively defend you is paramount. Our firm provides personalized service with dedicated legal representation for you every step of the way.

Statutory rape is considered a crime since it’s a sexual act performed with a minor under the age of 17. Whether the sexual act was consensual or not, the law presumes minors can be influenced and don’t have the mature judgment to refuse (or consent to) the sexual act. Individuals aged 16 or younger in Texas are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape. The act, therefore, becomes rape with severe penalties and consequences. If you have been charged with statutory rape, contacting a Brazos County sex crimes attorney should be your first step in establishing a strong defense.

REMAIN TOTALLY SILENT! The police are recording every conversation you have! And it’s not worth the risk facing these repercussions without experienced legal representation. We will sit down with you, discuss your case, and begin to investigate possible defenses. Maybe your partner was lying about what happened between the two of you because they were angry and were looking for revenge. They may have something to hide, as well, and are using you as the fall guy. Additionally, an experienced College Station sexual assault defense attorney can potentially use implied consent as a defense.

In any case, you cannot do this on your own. Only an attorney experienced investigating rape charges can sort through the facts of your case to determine how legally liable you are for criminal charges. After that determination is made, we can work to mitigate the damage to your life. Rape charges or sexual assault allegations are one of the worst things that can appear on your record. Even beyond the legal penalties, such a charge can ruin the rest of your life.

Call an Experienced College Station Sexual Assault Defense Lawyer Now!

If we decide to accept representation in your case, rest assured you will have an experienced defense lawyer on your side, fully prepared to go the distance to defend your legal rights. We will thoroughly investigate the situation that got you in trouble. Then we will use the facts unearthed to safeguard your rights. Call a Brazos County rape defense lawyer immediately when you suspect you might be accused of rape. The earlier we get in on your case, the more good we can do for you. Do not spend the rest of your life under the weight of such a stigma. Get experienced professional help quickly for the rape charges against you.

Under the terms of the Texas sexual assault laws, you can be arrested for rape if you misunderstand your partner’s willingness to engage in a sexual act. Texas calls this sexual assault. You face state prison time, as little as 2 years and up to 99 years or life.  There are also civil ramifications. Even if you escape harsh sentencing, you may likely be labeled as a sex offender for the remainder of your life. You will have to register not only with Texas, but with the federal government. This will affect you whenever you move to a new home or take a new job.

If you are accused of date rape REMAIN TOTALLY SILENT! The police may be recording every conversation you have with the complaining witness! Contact a Bryan-College Station criminal defense attorney immediately. Timing is often crucial when beginning the investigation of sexual assault cases. Defending this type of crime requires a skilled and thorough review of the facts and evidence. We have extensive experience as date rape defense attorneys and are ready to provide you with aggressive legal representation.

Call a Bryan-College Station Date Rape Lawyer Now!

Conviction of date rape can lead to years in prison, community service, fines, probation, and mandatory court ordered counseling. The ramifications can be extensive, affecting both you and your family. With the possibility of prison time and lifelong registration as a sex offender, choosing the right defense attorney to represent you and protect your rights is critical. Don’t go down without a fight! If we decide to accept representation in your case, rest assured you will have an experienced defense lawyer on your side, fully prepared to go the distance to defend your legal rights. Many of these cases boil down to one person’s version against another. Any possible evidence that may help your case will be researched. Our firm works diligently to establish a compelling defense on your behalf.

Date rape is a serious criminal violation of Texas state law. Date rape, commonly known as sexual assault, occurs when a person intentionally or knowingly commits any of a number of prohibited sexual acts listed under Texas’ sexual assault law without the victim’s consent. Also known as acquaintance rape, this type of charge involves non-consensual sexual acts with another who the person knows as an acquaintance. This type of allegation can create incredible problems for a person charged, ruining their reputation and possibly even their life. Charges of date rape can occur when there are misunderstandings following sex while intoxicated or when there is some disagreement between two people with revenge being a possible motive.

When they say “don’t mess with Texas” that includes showing Texas your privates. Exposing yourself to another person in Texas can result in indecent exposure charges. If you’ve been charged with indecent exposure you’ll want to know how the crime is defined, what defenses might be available, and what kinds of punishments might result.

Indecent exposure is considered a sexual offense in Texas. For a person to be convicted on a charge of indecent exposure in Brazos County, the prosecutor must prove beyond a reasonable doubt they exposed their anus or any part of their genitals, with the intent to arouse the sexual desire of any person, and they were reckless about whether another person was present who may be alarmed or offended by the act.

Charges of indecent exposure and public lewdness are misdemeanors in Texas. Indecent exposure laws classify the crime as a “Class B” misdemeanor. This charge typically faces a penalty of not more than 180 days in a county jail and/or a fine of no more than $2,000. The sentence imposed will be at the discretion of the judge and will depend upon the circumstances of each defendant and the nature of the offense. For example, a person who has been convicted of the same charge in the past will likely face a harsher sentence than one who has not been convicted before. The penalties these charges carry may not seem as harsh as some other sex crimes, but their impact on your reputation can be just as severe. Having a conviction for indecent exposure appear on your record will raise eyebrows for the rest of your life. It may prevent you from securing a job you want and it may effect your relationships.

How do you defend a serious charge of sexual abuse? First, we carefully evaluate every aspect of the evidence that resulted in your arrest. If the case is related to accusations strictly from one individual with no other evidence, our focus may be to aggressively discredit the key complaining witness. On the other hand, when there is supporting evidence (or testimony from others), it may be necessary to employ an independent investigator to research all aspects of the accusation and find evidence to bring to court on your behalf.

How your case is presented to a jury will have tremendous impact upon the jury verdict. But not all defense attorneys have the talents in the courtroom possessed by our legal team. In many cases, there is a natural bias against the accused, even when they are completely innocent. Overcoming and identifying this tendency to assume guilt is the first step in a successful defense. Challenging the prosecutor’s evidence, aggressively cross-examining witnesses, and finding the holes in their case is all part of our daily business.

Sexual abuse charges are a very serious legal problem. They require the immediate assistance of a skilled Brazos County sex crime lawyer. There are several types of sexual abuse charges, with varying penalties, all of which can lead to time spent in state prison. Many also require registration as a sex offender. The types of sexual abuse charges include serious felonies such as child sexual abuse, aggravated sexual assault, possession of child pornography, sexual abuse accusations against a priest, minister or other religious worker, as well as sexual abuse accusations related to nursing home residents or others.

These are serious criminal allegations and can lead to years in prison if convicted. In some cases the accusations are not true, but must be defended in court even if you’re innocent. Regrettably, innocence may not be enough to ensure you won’t face conviction. Nonetheless, the first step is to secure legal representation from a skilled Brazos County sex crime lawyer. Our legal team will review the evidence and determine how to move forward with a defense in your case.