Sex Crimes

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Sex crimes in Texas are among the most serious offenses handled by the courts. If convicted, severe penalties can apply, including mandatory minimum sentences. Here’s what you need to know.

Sex crimes in Texas, especially those that involve minors, are never taken lightly by the state’s judicial system. Sex crimes are often looked upon as the most heinous of criminal acts, and once a person is convicted of a sex crime, there’s a residual stigma that can be hard to escape. Because crimes of sexual nature are viewed so seriously, the consequences and penalties are severe. If you’re facing charges for a sex crime, exactly what type of sentencing could you be facing?

In the state of Texas, there are certain crimes for which judges are bound to apply minimum sentences. Crimes of sexual nature are included in this category. Regardless of the degree of felony, minimum sentencing standards apply to sex crimes. Here’s what you need to know if you’re facing charges and possibly a conviction in Texas.

What Are Mandatory Sentences?

Mandatory sentences for sex crimes in Texas are minimum sentence that must be imposed when someone is sentenced for a specific crime. They are laws passed by the Texas Legislature that judges and juries cannot change. They reflect the fact that the Texas Legislature believes the relevant sex crimes require long sentences in order to protect the public, punish the offender, and deter others.

The important thing to note about mandatory sentences is that if convicted, a judge cannot modify the sentence to a lesser amount, and the convicted person will not be eligible for release on good behavior until the mandatory minimum sentence has been served.

If you’re facing charges for any type of felony crime, it’s important to understand both federal sentencing guidelines, and those that pertain specifically to your state.

Mandatory Sentences and Penalties for Sex Crimes in Texas

In Texas, there are different types of sex crimes that carry minimum sentences. If you are facing charges of a sex crime, with a high possibility of a conviction, the best outcome is usually obtained by negotiating a plea agreement to reduce charges or working with an experienced attorney who can approach your case strategically from every angle.

According to the Texas Penal Code, the following criminal acts are classified as sex crimes:

  • Public lewdness and obscenity
  • Indecent exposure
  • Prostitution or the promotion of prostitution
  • Unauthorized, invasive visual recording
  • Sharing or promoting visual material of intimate nature in an unlawful manner
  • Voyeurism
  • Possession or distribution of intimate visual materials involving minors
  • Solicitation of a minor
  • Indecency with a minor, either by contact or exposure
  • Any child sex offense, including but not limited to sexual abuse involving a child, child prostitution, aggravated kidnapping involving a child, aggravated sexual assault involving a child, sexual abuse involving a child
  • Rape and sexual assault

Not all of these involve mandatory minimum sentences. Examples of sex crimes with mandatory minimum sentences include:

  • Sexual assault of a child under 6: 25 years without parole under Texas Penal Code section 22.021(f)(1).
  • Sexual assault of a child under 14 that includes restraint, threats, or violence: 25 years without parole. Texas Penal Code section 22.021(f)(2).
  • Continuous sexual assault of a child: 25 years without parole. Texas Penal Code section 22.02(h).
  • Certain repeat sex crime offenders: Life in prison with possibility of parole only after 35 years. Texas Penal Code section12.42(c)(4).

Working with a Criminal Defense Attorney Dallas

If you are facing charges for sex crimes in Texas, being convicted can have devastating consequences on your life. With mandatory sentencing in place, it is critical for you to work with an experienced criminal defense attorney in Dallas with a track record of winning in sex crime cases. The attorney you work with can be the difference between a life of freedom, and a life spent facing the serious consequences of the charges against you. Reach out to an experienced criminal defense lawyer today.

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If you have not been arrested or charged with a crime, but the police have told you that they would like to talk to you, what do you do? Do not say a thing; let them know you want to use your right to get a lawyer. And do it ASAP.​

Whenever you have any dealings with the police, you should be represented by a lawyer. If they are looking for you, if they want to talk to you, if they want to arrest you, or if someone has contacted law enforcement and accused you of a crime, you need a lawyer.

Even if you plan on pleading guilty, it is critical that you hire a criminal defense lawyer to protect your rights. Representing yourself is never a good idea. Even if you plead guilty, you can expect that prosecutors will try to take advantage of your inexperience by only agreeing to a plea deal that is less favorable than they would with a lawyer. Plus, an attorney may be able to spot problems with the government’s case that you would not recognize, like evidence that should be suppressed. Problems like that might result in dismissal of the charges altogether, but just being able to spot them can help negotiate a better deal with a prosecutor. An attorney, especially a former prosecutor like me, can help you protect your rights, evaluate your options, and negotiate with the prosecutors for the most favorable outcome.

Depending on your case, based on the advice of your attorney, it may be in your best interest to go to trial. When charges are filed against you, your lawyer will evaluate the case to determine if there is a legal basis to get the case dismissed. If there is not, and if either the government cannot prove the charges beyond a reasonable doubt, or if a satisfactory plea bargain cannot be worked out before trial, then your best option will, in all likelihood, be going to trial. If the case cannot be dismissed, it is ultimately your decision whether you want to take a plea bargain or go to trial. Your lawyer cannot make that decision for you or force you to decide one way or the other. Your lawyer will advise you on what is in your best interests, but no one can take away your right to decide.
Any offer or plea bargain should be evaluated carefully with the assistance of an experienced criminal defense lawyer to ensure that your rights have been protected and that you understand the consequences of the plea. A good criminal defense lawyer will evaluate and discuss with you your other options, including trying to have the case dismissed, your chances if you go to trial, and whether a better deal can be negotiated. This kind of analysis requires experience and knowledge of the law.
In state court cases in Texas, a magistrate judge sets bail shortly after you are arrested. They do this based on the crime and your criminal history. You can hire a bail bond company to help you post bail. They usually require you to give them 10% of the bond amount (which you get back at the end of the case if you comply with all conditions of bond), plus a fee that they keep. Depending on the amount of the bail and your financial condition, they may also require putting up property to make sure they can get their money back if you do not comply with your bail conditions. If you know you are going to be arrested, I strongly recommend contacting a bail bond company in advance. They can make sure that they are ready to post the bond for you as soon as it is set by a magistrate judge. This helps you get out as soon as possible. There are bail bond companies that I trust, and if you hire me, I will help you through that process. Federal court is very different. After your arrest, you have an initial appearance in front of a federal magistrate judge. The prosecutor will tell the magistrate judge whether the government is asking for you to be held in custody during trial. If the government is asking for that, you have the right to have a hearing in court in which the magistrate judge decides whether or not you will be held in custody before trial. That hearing is usually a few days after your initial appearance. Bail is not common in federal court. You will usually be held in custody or released, but if you are released, there may be conditions of your release like electronic monitoring or house arrest.
Absolutely. If you are a suspect or being investigated for potential criminal activity, it is always in your best interest to have a lawyer present. This is true regardless of where the questioning takes place. If the authorities want to question you while you are in custody, you should ask to have a lawyer present during any questioning and refuse to answer questions until your lawyer is with you.

In criminal cases, we usually charge a flat rate for everything but trial and a trial fee that is only owed if the case goes to trial. A flat fee means that, no matter how much work the lawyer has to do, you know up front what the fee is going to be. We base our fees on our estimate of the amount of time and work that will be required to defend the case. We are not a factory type of operation, so we generally do not have “grocery store” pricing, in which a given crime costs a set amount regardless of the facts. Each case is different, and we try to tailor our fees to your individual case. That means that we want to find out about your case and that we try to set our fees based on how much work we think your case will take and how complicated it will be.

If you are under investigation, but you have not been charged, we may offer to represent you during the investigation based on an hourly rate with a cost deposit that we bill against. This can benefit you because it can be difficult to predict how much work it will take to represent someone during an investigation, and an hourly rate means that you will only pay for the work done.

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