Bryan Sex Crime Lawyer

If you have been arrested for a sex crime in Bryan, Texas, you’re bound to face harsh public criticism and tenacious prosecutors prepared to put you behind bars. Not only can a conviction lead to a lengthy prison sentence and expensive fines but also being registered as a sex offender for the remainder of your life. You need an experienced Bryan sex crime lawyer to defend your rights.

The mere accusation of such a serious offense can have profound repercussions on every aspect of your life, from personal relationships to professional opportunities. The stigma attached to sex crimes can lead to social isolation, damage to reputation, and emotional turmoil, leaving you feeling helpless and vulnerable. A skilled attorney understands the complexities of sex crime cases and is dedicated to vigorously defending the rights of the accused.

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Why Choose a Bryan Sex Crime Lawyer from the Law Office of Shane Phelps?

Bryan Sex Crime Attorneys from the Law Office of Shane Phelps

Our Bryan criminal defense attorneys have the experience and skill to help you obtain a favorable outcome in your sex crime case. With over 30 years of legal experience, our team possesses a pervasive knowledge of Texas laws and court proceedings to develop a solid defense strategy for you.

From conducting a thorough investigation to challenging evidence and advocating for fair treatment, a knowledgeable sex crime defense attorney can provide invaluable assistance throughout every stage of the legal process. By crafting a robust defense strategy tailored to the specific circumstances of the case, an attorney can help alleviate the burden on the accused and work towards achieving the best possible outcome, whether through exoneration or mitigation of penalties.

Call us today at 979-773-7028 for a free consultation. We will fight for you.

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Our Law Office in Bryan, Texas

The Law Office of Shane Phelps, P.C., is located at 400 N. Washington Avenue, Bryan, TX 77803. We are in the heart of Bryan, at the corner of E. 23rd Street. Contact us for a free consultation.

Sex Crime Cases We Handle

Sex Crimes as Defined by Texas Law

Sexual Assault and Rape

In Texas, sex crimes are defined and categorized under various statutes within the Texas Penal Code. Some of the types of sex crimes recognized by Texas law include:

  • Sexual Assault and Rape: Defined under Texas Penal Code § 22.011, sexual assault involves intentionally or knowingly causing penetration of the anus, vagina, or mouth of another person without their consent, or causing another person to engage in such acts. In Texas, the offense of rape is typically encompassed within the broader category of sexual assault. The term "rape" itself may not be explicitly used in the statute, but the elements of rape are encompassed within the broader definition of sexual assault provided in Section 22.011.
  • Indecent Exposure: Found in Texas Penal Code § 21.08, indecent exposure occurs when an individual exposes their genitals with intent to arouse or gratify sexual desire, or with reckless disregard for whether another person is present who would be offended or alarmed.
  • Aggravated Sexual Assault: This offense, outlined in Texas Penal Code § 22.021, involves sexual assault combined with aggravating factors such as the use of a deadly weapon, causing serious bodily injury, or involving a victim who is younger than 14 years old.
  • Child Pornography: Addressed in Texas Penal Code § 43.26, child pornography includes producing, distributing, possessing, or promoting visual material that depicts a child engaging in sexual conduct.
  • Prostitution and Solicitation: Prostitution, defined in Texas Penal Code § 43.02, involves offering or agreeing to engage in sexual conduct for a fee. Solicitation occurs when an individual solicits another person to engage in sexual conduct in exchange for a fee.
  • Online Solicitation of a Minor: Covered under Texas Penal Code § 33.021, this offense involves soliciting a minor younger than 17 years old to engage in sexual conduct through electronic communication, such as text messages or social media.

These are just a few examples of sex crimes outlined in Texas law. It's essential to consult the specific statutes and seek legal guidance for comprehensive information and understanding of these offenses and their penalties.

Penalties for Sex Crimes in Texas

In addition to the stringent laws governing sex crimes, Texas has some of the country’s most punishing sex crime penalties upon conviction. These penalties often include mandatory minimum sentences, ensuring that those found guilty face significant periods of incarceration.

Furthermore, released offenders are subject to strict monitoring, which may involve registration as a sex offender and adherence to stringent reporting requirements.

One notable aspect of Texas' approach to sex crime penalties is the establishment of broadened zones for child safety. These zones, which encompass areas such as schools, parks, and playgrounds, serve to reduce opportunities for offenders to re-offend by limiting their proximity to potential victims. Violations of these restrictions can result in additional legal consequences, compounding the already severe penalties associated with sex crimes.

With the assistance of a dedicated Bryan sex crime lawyer, you can strive to protect your rights, mitigate the impact of charges, and pursue the most favorable outcome possible in your case.

Texas Sex Offender Registry

Sex Offender in TX

Being required to register as a sex offender in Texas is one of the most severe consequences of a conviction for a sex crime. The Texas Sex Offender Registry serves as an online database containing comprehensive information about individuals convicted of qualifying offenses.

The sex offender registry has your name, age, distinguishing characteristics, and details about the crime that you were convicted of. Importantly, this registration is permanent and remains with you for life, regardless of any subsequent rehabilitation or efforts to reintegrate into society.

When Is Someone Added to the Sex Offender Database?

The criteria for inclusion on the sex offender registry in Texas are outlined in state law and typically encompass convictions for offenses such as sexual assault, indecent exposure, possession or distribution of child pornography, and certain offenses involving minors. Upon release from prison or completion of a sentence, individuals convicted of qualifying offenses are required to register with local law enforcement authorities within a specified timeframe, typically within seven days.

Implications of Inclusion on Sex Offender Registry

The implications of being listed on the sex offender registry are profound and far-reaching. In addition to the social stigma and damage to reputation, being a registered sex offender imposes significant restrictions on various aspects of daily life.

These restrictions may include limitations on where you can reside, work, or even visit. Certain areas such as schools, parks, and playgrounds may be off-limits. Furthermore, registered sex offenders are subject to stringent reporting requirements, including regular check-ins with law enforcement and periodic updates to their registration information.

Given the enduring and wide-ranging consequences of registration as a sex offender, seeking the assistance of an experienced sex crime attorney is imperative. A knowledgeable attorney can provide guidance and advocacy to navigate the complexities of sex offender registration laws, challenge the imposition of registration requirements where appropriate, and work to mitigate the impact of registration on your life and future opportunities.

That is why you need the help of an experienced sex crime attorney from Shane Phelps Law.

What are Your Rights if Accused of a Sex Crime?

Lead Attorney Shane Phelps with Attorney Aaron Kleinschmidt

When individuals are accused of a sex crime, they retain several important rights designed to protect their legal interests. Two fundamental rights include the right to remain silent and the right to legal counsel.

The right to remain silent means that you have the option not to answer questions from law enforcement or other authorities without the presence of an attorney. This right prevents you from inadvertently saying something incriminating or harmful to your case.

Additionally, the right to legal counsel ensures that you can consult with an attorney who can provide guidance, support, and representation throughout the legal process.

Investigating Sex Crime Cases in Bryan, Texas

Investigating sex crime cases often involves various law enforcement agencies, forensic experts, and specialized units dedicated to handling such cases. Evidence collection in sex crime investigations is multifaceted and may include the following:

  • DNA Evidence: DNA analysis plays a significant role in many sex crime investigations. Biological evidence such as semen, saliva, or blood may be collected from the crime scene or the victim's body and subjected to forensic analysis to identify the perpetrator or establish a link between the accused and the crime.
  • Witness Statements: Testimony from witnesses, including the victim, bystanders, or individuals with relevant information, can provide crucial insights into the circumstances surrounding the alleged offense. Witness statements are collected through interviews, depositions, or statements given to law enforcement officers.
  • Digital Data: In cases involving online solicitation of minors, possession or distribution of child pornography, or other cybercrimes, digital evidence plays a vital role. This may include electronic communications, social media activity, browsing history, or files stored on electronic devices.

A thorough investigation is essential in sex crime cases to ensure the accuracy and reliability of the evidence collected. However, the validity of evidence can be called into question for various reasons, including mishandling, contamination, or procedural errors. An experienced attorney focusing on sex crime defense understands the complexities of forensic evidence and knows how to challenge evidence that may be flawed or obtained improperly.

How Can a Lawyer Help Challenge Sex Crime Allegations?

Avvo Rating 10.0 - Top Attorney Criminal Defense

In sex crime cases, several common defense strategies are often employed to challenge the allegations and protect the rights of the accused. An attorney may challenge evidence by:

  • Conducting Independent Analysis: Engaging forensic experts to conduct independent analyses of DNA evidence or digital data to verify the accuracy of the findings and identify any discrepancies or inconsistencies.
  • Cross-Examining Witnesses: Thoroughly cross-examining witnesses, including forensic experts, law enforcement officers, and eyewitnesses, to expose any inconsistencies, biases, or lapses in their testimony.
  • Filing Motions to Suppress Evidence: Filing motions to suppress evidence obtained through illegal search and seizure or other violations of the defendant's constitutional rights. If evidence was collected unlawfully, it may be deemed inadmissible in court.
  • Presenting Alternative Explanations: Presenting alternative explanations or hypotheses that cast doubt on the prosecution's interpretation of the evidence and raise reasonable doubt about the defendant's guilt.

Potential Defenses to Sex Crime Charges

  • Consent: Arguing that sexual activity occurred with the mutual agreement and consent of all parties involved. This defense asserts that the alleged victim willingly participated in the sexual encounter and did not express unwillingness or resistance.
  • Mistaken Identity: Asserting that the accused was mistakenly identified as the perpetrator of the alleged sex crime. This defense may involve presenting evidence to show that someone else committed the offense or that the identification of the accused was flawed or unreliable.
  • Lack of Evidence: Challenging the prosecution's evidence and arguments by highlighting inconsistencies, contradictions, or gaps in the case against the accused. This defense strategy aims to create reasonable doubt about the defendant's guilt by questioning the reliability and credibility of the evidence presented.
  • False Accusations: Alleging that the accusations of sexual misconduct are fabricated or motivated by ulterior motives, such as revenge, jealousy, or coercion. This defense involves presenting evidence to demonstrate the lack of credibility or reliability of the accuser's claims.

Each sex crime case is unique, and the effectiveness of defense strategies depends on the specific circumstances and evidence involved. Therefore, crafting a personalized defense strategy tailored to the individual case is essential.

Experienced sex crime attorneys understand the complexities of these cases and work closely with their clients to develop strategic defense approaches aimed at achieving the best possible outcome, whether through exoneration, reduction of charges, or mitigation of penalties. Skilled attorneys play a critical role in safeguarding justice and ensuring fair treatment for individuals accused of sex crimes.

Contact the Law Office of Shane Phelps to Talk to a Sex Crimes Lawyer

If you are facing the daunting reality of a sex crime charge in Bryan, Texas, the Law Office of Shane Phelps stands ready to provide you with the seasoned legal representation and compassionate support you need during this challenging time. With years of experience defending individuals against a wide range of sex crime allegations, our dedicated team understands the complexities and sensitivities involved in these cases.

We recognize the profound impact that such charges can have on your life, reputation, and future, which is why we are committed to fighting tirelessly on your behalf. Whether advocating for your innocence in court or negotiating skillfully on your behalf during plea negotiations, we will always prioritize your rights, interests, and well-being.

Don't wait another moment to seek the experienced legal representation you deserve. Contact the Law Office of Shane Phelps today and take the first step toward protecting your future. Call Shane Phelps Law today at 979-773-7028 or contact us online to schedule a free confidential consultation.

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