Dallas Indecent Assault Defense Lawyer
NEED AN Indecent Assault Lawyer?
Have you been accused or charged with indecent assault? How do you know when a touch crosses the line from a show of joy or sympathy and becomes an assault?
Assault occurs when someone touches someone else with the intent of providing sexual gratification and the recipient doesn’t want the contact.
Contact Gallian Firm today if you are facing charges of indecent assault or any Dallas sex crime. Don’t wait. The world’s viewpoint on what is or is not socially acceptable is constantly changing. Behavior once considered “the norm” may now result in charges of indecent assault or sexual assault. An attorney from our firm can review your case for free, advise you of your rights and options, and fight hard to help you achieve the most favorable outcome possible.
Texas Is a Dangerous State for Sex Crimes
According to the FBI, Texas is the 15th most dangerous state in the country for sexual assault and rape. This makes it essential that everyone knows about Texas law regarding indecent and sexual assault.
Indecent Assault VS. SEXUAL ASSAULT
Both an indecent assault and a sexual assault charge deal with sexual contact made without the other person’s consent. Indecent assault is the lesser offense and deals mainly with groping as a crime.
Sexual assault is a felony offense. This deals with the non-consensual sexual penetration of another person. Sexual assault charges are serious and require experienced legal representation to effectively combat these accusations.
MORE ABOUT Texas Indecent Assault Laws
Established in September 2019, the Texas indecent assault laws went into effect as set forth in Texas Penal Code §22.012. The code classifies the offense as touch in the following areas without consent:
- The anus, breast, or genitals of another person
- Touches another person with their breast, anus, or any part of their genitals
- Attempts to expose in public another person’s pubic area, anus, buttocks, genitals, or female areola
- Causes someone to have contact with the seminal fluid, blood, vaginal fluid, urine, feces, or saliva of any other person
Local law enforcement agencies are responsible for enforcing these laws and ensuring compliance.
The layman’s definition of this law is groping. This means if you reach out and pinch someone in the rear or grab their breast or penis area you may be found guilty of indecent assault.
The violation of this penal code is a Class A misdemeanor. Upon conviction, the offender may be fined up to $4,000 and sent to jail for up to 365 days. Those with a conviction will not be allowed to carry a firearm for five years.
A positive about a violation of this penal code is that you do not have to register as a sex offender.
WHAT IS STANDARD SEXUAL ASSAULT?
The laws regarding sexual assault are found in the Texas Penal Code §22.011. The criteria for an assault of this nature include a person intentionally causing the penetration of another person’s sexual organs, anus, or mouth without their consent.
The law is also applicable when a person causes the sex organs, anus, or mouth of another person to come into contact with the offender or another person without consent.
The assault factors are the same if the victim is a minor child or the offender threatens violence against the victim or someone the victim knows. There is no consent if the victim is unconscious or unable physically to resist the assault, or if they are mentally unable to make an informed decision regarding consent.
The law also addresses those who hold public service positions, work as mental health providers or in health care, are a coach or tutor, or are a clergyman. The law contains an extensive list of other professions.
A conviction under this section of the code is a 2nd-degree felony. You will serve between 2-20 years in prison and incur fines of up to $10,000
WHAT IS AGGRAVATED SEXUAL ASSAULT?
The Texas law for aggravated sexual assault, a severe form of sexual abuse, is found in penal code §22.021. A violation of this law occurs if a person knowingly:
- Uses any means to penetrate the sexual organ or anus of another person without consent.
- Penetrates another person’s mouth with their sexual organ without consent
- Causes another person’s sexual organ to come into contact with the mouth, sexual organs, or mouth of themselves or another person
The same type of contact is also prohibited when directed at a minor person. Penalties for sex crimes are generally more severe if the person is a minor, elderly or disabled, or mentally or physically handicapped.
The law also addresses and includes bodily injury up to and including the death of a victim during a sexual assault. Acts such as threatening the victim or someone they know with bodily harm, kidnapping, death, or brandishing a weapon during the assault add to the seriousness of this crime.
Aggravated sexual assault is a first-degree felony. If you receive a conviction, you will serve between 5-99 years to life in prison. You will receive a fine of up to $10,000.
When you are accused of any type of sexual offense, you need a sexual assault attorney on your side. They will be familiar with the legal process, discovery, conducting a criminal trial in this special area of the law.
WHAT IF I HAVE BEEN CHARGED WITH GROPING?
Texas criminalized groping in 2019. Prior to September 2019, Texas was one of only six states without a law regarding groping or non-penetration sexual acts. An offender was only guilty of a crime if there was sexual penetration of their victim or the victim was under age 17. In addition to groping, Texas law also covers serious offenses like statutory rape.
Prior to enacting the new law, if you were in a public park and grabbed someone’s breasts, their assault accusations would likely result in a ticket for assault by offensive contact. That charge is a Class C misdemeanor, carries a $500 fine, and there is no risk of arrest or jail time.
The Texas legislature realized the necessity of closing this legal sexual assault loophole. The new law increases the severity of the crime to a Class A misdemeanor.
Prior to September 2019, Texas was one of only six states without a law regarding groping or non-penetration sexual acts. An offender was only guilty of a crime if there was sexual penetration of their victim or the victim was under age 17.
Prior to enacting the new law, if you were in a public park and grabbed someone’s breasts, their assault accusations would likely result in a ticket for assault by offensive contact. That charge is a Class C misdemeanor, carries a $500 fine, and there is no risk of arrest or jail time.
The Texas legislature realized the necessity of closing this legal sexual assault loophole. The new law increases the severity of the crime to a Class A misdemeanor.
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If you have any indication that someone may accuse you of indecent assault or sexual assault, call Gallian Firm LLC. Our attorneys have experience and knowledge in sex crime defense. We offer a free consultation and case review for those who call us, and if you hire us we will begin working on your case immediately. Our goal is to prevent or reduce you from being charged with a sexual criminal offense.
PREPARING AN INDECENT ASSAULT DEFENSE
If you are facing a charge of indecent assault, your defense attorney knows the prosecutor must prove your intent was to sexually arouse yourself or another person. Prosecutors must also prove that the contact was not consensual.
Don’t assume they will lose their case because you didn’t experience sexual arousal. You must work with an experienced attorney to build a strong defense, as the long-term consequences of sex crime cases are severe.
POSSIBLE DEFENSE OPTIONS FOR INDECENT ASSAULT
Some possible defenses to indecent exposure charges in Texas may include:
- Lack of intent: The prosecution must prove that the exposure was intentional. If it was accidental or unintentional, this could be a defense.
- No sexual gratification: In Texas, indecent exposure requires that the act was done with the intent to arouse or gratify sexual desire. If this intent was absent, it may be a valid defense.
- Lack of recklessness: The law requires that the accused was reckless about whether others might be present who would be offended. If reasonable precautions were taken to avoid being seen, this could be a defense.
- Consent: If the exposure occurred in a private setting with consenting adults, this might be a defense.
- Mistaken identity: If the accused can prove they were not the person who committed the act, this is a defense.
- Mental incapacity: In some cases, mental illness or incapacity might be considered as a defense.
- Constitutional challenges: In certain circumstances, your lawyer could raise arguments based on freedom of expression. They could also ensure authorities didn’t violate your constitutional rights during the investigation, arrest, and prosecution.
- Insufficient evidence: If the prosecution cannot prove all elements of the crime beyond a reasonable doubt, this results in acquittal.
The effectiveness of these defenses depends on the specific circumstances of each case. Anyone facing such charges should consult with a sex crimes defense attorney to discuss their particular situation and develop an appropriate legal strategy.
SEX OFFENDER REGISTRY
Even after you serve your sentence for sexual offenses, you may need to register as a sex offender. This requires you to complete a sex offender registration form, describe your offense and the name of the victim, and submit to having your photograph and fingerprints taken.
Your registration requires you to provide information about where you work, your name, date of birth, and other information such as your home address. Depending on the facts of your conviction, registration may be a lifetime requirement.
Sex offender laws may restrict the areas where you may live, your access to social media, your ability to own a firearm, enroll in higher education, secure some types of licenses, obtain and maintain employment, and more.
GALLIAN FIRM WILL DEFEND YOU AGAINST INDECENT ASAULT CHARGES
If you have any indication that someone may accuse you of indecent assault or sexual assault, call Gallian Firm LLC. Our attorneys have experience and knowledge in sex crime defense.
We offer a free consultation and case review for those who call us, and if you hire us we will begin working on your case immediately. Our goal is to prevent or reduce you from being charged with a sexual criminal offense.
Schedule an appointment to discuss your case. Use our online form or call (214) 432-8860. The sooner we begin working on your case, the more likely it is we may prevent hefty fines, jail time, and sex offender registration requirements.
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Send a message to Gallian Firm and we will contact you as soon as possible.
