Houston Sex Crime Defense Attorney

Are these considered aggravated offenses?

Yes, nearly all child sex crimes are categorized as 3(g) offenses. This means a judge cannot grant probation (though a jury might, unless otherwise prohibited).

If sentenced to prison, an individual must serve at least half the time before being eligible for parole.

What type of lawyer should handle these cases?

Many attorneys not only avoid but refuse to defend these cases. The ones who do take them might claim to be experienced but have limited trial exposure. 

It’s important to choose a lawyer who specializes in these cases and handles multiple simultaneously, with a history of taking them to trial successfully.

I’m proud to represent people that most lawyers refuse to defend. Anyone can be charged just based on a complainant’s word, which most people fail to realize. 

People ask, “But where’s the evidence?” The evidence is the complainant’s word—that’s it. That’s why these accusations can be so easily made. It’s also what makes them so unsettling and frightening, particularly given the harsh punishment if convicted.

Innocence

One of the most basic and obvious ways to fight a sex crime charge is to demonstrate that you did not commit the crime. To prove this, a defense attorney might try to establish that the complainant has no credibility and cannot be trusted or that the alleged offender was in a different location when the supposed act occurred, according to witness testimony. 

This defense is known as an “alibi,” and it must be supported with credible evidence.

Motive to lie

Sex crime cases often turn into a “he said, she said” argument. Consequently, it’s crucial to scrutinize the accuser’s motivations for leveling charges against the defendant. 

Expert witnesses and proper investigation can be used to uncover evidence that may undermine the prosecution’s case. For example, could false child sex abuse allegations be used to take advantage in a child custody battle? Or perhaps a means of retaliation against the defendant for some other reason? A skilled sex defense attorney will examine these and other possible motives.

Tainted evidence

Often, in the case of child sex offenses, the evidence can be “tainted” by biases and misleading interviews. 

When questioning children, adults often don’t realize the suggestive nature of asking loaded questions like, “He touched you here, didn’t he?” or “He took bad pictures of you, right?” 

These questions can lead to false stories of what happened since young children often answer “yes” to please adults, which is why unreliable evidence should be closely examined for signs that it’s tainted.

Motion to suppress

Police must obey strict search and seizure laws in order to obtain evidence such as photos, computer records or other files.

If they fail to follow the proper procedure, the incriminating evidence may be “suppressed,” meaning it cannot be used against you in court. The motion to suppress evidence is a constitutional right and an effective defense strategy.

Scientific evidence

Often, sex crimes lack medical evidence. For example, the child complainant has no vaginal injuries despite claiming the defendant brutally raped her.

Further, there is other forensic evidence, such as DNA evidence. A skilled defense attorney knows how to use this lack of evidence to the defendant’s benefit.

Mental illness

It’s also possible for an offender to claim they were mentally incapable or ill at the time of the sex crime.

If proven, insanity or mental illness can result in a more lenient sentence from the jury and judge since it can be argued that the defendant had no knowledge or understanding of the criminality of their actions.

Special rules

In sex cases, special procedural rules apply. These include the rules of evidence, which affect what hearsay is admissible and what other bad acts are admissible.

A criminal lawyer needs to know how to handle these rules unique to child sex offenses.