Legal Defense For Indecency With A Child

Defending Individuals Against Indecency

In Texas, the criminal justice system treats sex offense crimes with the utmost sense of urgency. Outside of homicide, no other type of crime receive more scrutiny than the crimes of a sexual nature. Sex crimes cases get even more serious when the crimes involve children. If you face a charge of indecency with a child, you face the prospect of a lengthy jail sentence, as well as an order by a judge to register as a sex offender. Registering as a sex offender will negatively impact every facet of your life, from limiting job opportunities to ruining your reputation in the neighborhood.

Criminal defense attorney Adam Capetillo has earned the reputation of successfully defending clients that have been charged with indecency with a child. Our team of dedicated criminal defense specialists works hard to use the most effective defense that exonerates our clients of all charges. After participating in a free initial consultation, Adam and his team will thoroughly review your case to determine the best way to move forward. Not only do we fight to prove the innocence of our clients, we also are known for negotiating favorable plea bargain agreements for our clients.

How Texas Law Defines Indecency with a Child

Texas Penal Code Section 21.11(a)(1) defines indecency with a child when “a person commits the offense of indecency with a child if he or she engaged in sexual contact with a child or caused a child to engage in sexual contact.” Sexual contact is the important term in the definition of indecency with a child in Texas. The state clearly defines sexual contact as sexual acts committed to “arouse or gratify” the sexual desire of any person. According to Texas criminal law statutes, sexual contact includes “any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child or “any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.”

Penalties for an Indecency with a Child Conviction in Texas

Considered a second degree felony, an indecency with a child by sexual contact conviction can lead to punishment that includes between two and 20 years in prison and a fine that cannot be more than $10,000. A conviction for indecency with a child by exposure is a third degree felony, which carries the same possible punishments as a conviction for indecency with a child by sexual contact. The difference between second and third degree felony convictions is judges typically mandate longer prison sentences for second degree felony convictions.

With a minimum jail term of two years, it is important that anyone charged with indecency with a child immediately contact a Texas licensed criminal defense lawyer. Attorney Adam Capetillo encourages clients to schedule free initial consultations to get the ball rolling on a charge that can result in harsh penalties. We remind our clients that registering as a sex offender will restrict where convicted felons are allowed to visit, including certain public properties and school grounds.

Defenses Used By Attorney Adam Capetillo

Criminal defense lawyer Adam Capetillo can use two affirmative defenses for an indecency with a child charge. The first affirmative defense is the defendant was the spouse of the child at the time of the alleged crime. Second, the accused is not more than three years older than the victim and the accused did not place the victim under distress before committing the alleged crime. Moreover, the accused and the victim must be of opposite sexes under Texas law.

Innocence

One of the most effective defense strategies for an indecency with a child case involves questioning the credibility of minors that take the stand to testify against our clients. In some cases, a child might carry a grudge against an adult, which leads to the making of false statements while under oath. Judges will throw false statements out of an indecency with a child case. We will also try to establish an alibi by presenting physical and anecdotal evidence that places our clients far away from the scene of the alleged crimes.

Violations of the Constitution

According to the 5th Amendment to the United States Constitution, you have the right to remain silent, as well as the right not to incriminate yourself. If law enforcement officials violate either of the rights, we will argue the violations of the Constitution warrant the dismissal of all charges. We will also ensure you were investigated under probable cause that includes the obtaining of a search warrant for appropriate reasons.

How an Experienced Sugar Land, TX Criminal Defense Lawyer Can Help

Time is of the essence for anyone charged with indecency with a child. Before your case even reaches a courtroom, your reputation can be permanently damages at work, as well as inside of your social circles. Take the initiative and schedule a free consultation with the Capetillo Law Firm. You can reach us by phone at (346) 249-5544 or by submitting the convenient form on our website.