Legal Defense When Charged With Indecent Exposure

Providing Legal Defense For Falsely Accused Clients in Fort Bend County

Having a sex crime linger over you like a thick, dangerous fog can produce negative lifelong ramifications. You will have to register as a sex offender, which puts you on a list that everyone in the community can see. Your professional reputation will be in tatters, as no company will want to employ anyone that has the legal blemish of a sex offender conviction on their criminal record. Throw in severe statutory penalties mandated by the State of Texas, and a sex offender charge is one of the worst criminal charges a defendant can face.

The Texas licensed criminal defense experts at Capetillo Law Firm understand the emotional roller coaster ride clients experience after learning about an indecent exposure charge. We treat an indecent exposure charge with the utmost sense of urgency, which means finding the most effective legal defense that will convince the jury of 12 of your peers that you are not guilty of all charges.

Texas Law and Indecent Exposure

Texas Penal Code Section 21.08 defines what constitutes indecent exposure in the Lone Star State: a defendant might commit the act of indecent exposure when he or she “exposes the anus or part of the genitals with the intent to arouse or gratify the sexual desire of any person, and are reckless about whether another person who will be alarmed or offended is present.”

Under Texas criminal law statutes, indecent exposure occurs when a defendant behaves “recklessly, but consciously disregards the substantial and unjustifiable risk of the illegal conduct.” In other words, the defendant knew or should have known the indecent exposure acts offended someone else in the same vicinity, but the defendant opted to continue performing the indecent exposure acts.

Public Lewdness in Texas

Texas includes legal language in the same penal code addressing indecent exposure and public lewdness. The Lone Star State makes it illegal for anyone to engage in the public lewdness acts of sexual intercourse, deviate sexual intercourse, and sexual contact of any kind. Texas law pertaining to public lewdness was written broadly to include sexual behavior committed in public places or even in a private location where one or more people were offended by the acts of public lewdness. According to Texas property statutes, public property encompasses anywhere where “the public or a substantial group of the public has access, including common areas of apartment complexes.”

How Texas Penalizes Indecent Exposure and Public Lewdness

Indecent exposure is considered a class B misdemeanor in Texas, which carries a jail sentence of 180 days and a fine not to exceed $2,000. Public lewdness represents a class A misdemeanor, with the penalty being sent to prison for no more than one year and a fine up to $4,000. Referred to as collateral consequences, indecent exposure and public lewdness can also include the penalties of probation, community service, and a criminal record that lasts a lifetime. Registering as a sex offender is perhaps the harshest punishment as the result of an indecent exposure or a public lewdness conviction.

Criminal law charges require the prosecution to prove the guilt of those accused “Beyond a reasonable doubt.” This means the indecent exposure defense team at The Capetillo Law Firm will work hard to plant the seed of doubt into the mind of at least one of the jurors hearing your case. Highly rated criminal defense lawyer Adam Capetillo has several strategies for planting the seed of doubt when it comes to indecent exposure charges.

Victim Not Credible

In sex crime cases, including indecent exposure charges, legal arguments often come down to what the accuser says and how the accused responds. If we detect one or more gaping holes in the testimony of a witness or the testimony of the accuser, we will make arguments that diminish the credibility of an eyewitness and/or or an accuser.

Innocence

Proving the innocence of our clients charged with the crime of indecent exposure involves presenting evidence that establishes an alibi for you during the time of the alleged crime. For example, let’s say the accuser claims you exposed yourself at nine in the morning on Saturday May 15. If we can present physical evidence that proves you were never close to the crime scene at 9 am on May 15, then will claim you are innocent of all charges.

Lack of Eyewitnesses

Sometimes, sex crime cases lack any eyewitnesses. The crimes might have occurred at a secluded location or happened at an odd hour of the night. Whatever the reason for a lack of eyewitnesses, it is a compelling argument for us to make for planting the seed of doubt. If nobody saw the crime unfold, then it boils down to the classic you said, the accuser said legal case.

Speak with a Highly Rated Sugar Land, TX Criminal Defense Attorney

If you face the criminal charge of indecent exposure, you must act immediately to prevent the charge morphing into a career ending conviction. At Capetillo Law Firm, indecent exposure attorney Adam Capetillo will conduct a thorough evaluation of your case to determine the most effective course of legal action.

Contact the Capetillo Law Firm today to schedule a free initial consultation. You can reach us by calling our Sugar Land, TX law office at (346) 249-5544 or by submitting the convenient Contact form located on our website.