Sexual Assault of A Child Charges in Dallas, TX

Sexual assault and child abuse are, of course, very serious problems. It has become incredibly clear, however, that false allegations are an equally serious problem. It is absolutely vital to secure the best possible defense. This is true whether the allegation against you is false, a misunderstanding, or an unfortunate mistake. Don’t put your life, family, and future in just anyone’s hands. When it seems like the world is against you, you need the best possible Dallas sexual assault of a child attorney in your corner.

Sexual Assault of A Child

A person commits sexual assault of a child (Texas Penal Code § 22.011) if they intentionally or knowingly:

  • cause the penetration of the anus or sexual organ of a child by any means or
  • cause the penetration of the mouth of a child by the sexual organ of the actor or
  • cause the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person or
  • cause the anus of a child to contact the mouth, anus, or sexual organ of another person or
  • cause the mouth of a child to contact the anus or sexual organ of another person.

A child means a person younger than 17 years of age. If the alleged victim was 17 years old at the time of the offense, the charge would be sexual assault. Not knowing the age of the alleged victim is no defense under Texas law.

If the alleged victim is younger than 14 years of age, the offense becomes aggravated sexual assault of a child. The prosecutor can also charge two or more accusations of sexual assault of a child younger than 14 years of age over a period that is 30 days or more in duration as continuous sexual abuse of a child or children.

Sexual Assault of a Child Penalties

A child sexual assault offense is generally a second-degree felony. As a result, you could face 2 – 20 years in prison and up to a $10,000 fine. If the alleged victim was younger than 14 years of age at the time of the offense, the charge becomes aggravated sexual assault of a child. Aggravated sexual assault of a child is generally a first-degree felony. As a result, you could face 5 – 99 years or life in prison and up to a $10,000 fine. Of course, the serious consequences don’t stop there. A conviction or deferred adjudication for sexual assault of a child will require sex offender registration for life. A felony conviction will also make you temporarily ineligible to vote.

Aggravated Sexual Assault of a Child

Police, prosecutors, and courts take sex crimes like aggravated sexual assault of a child very seriously. Police often conduct biased, open-and-shut investigations. Prosecutors aggressively push for lengthy prison sentences. As a result, these cases can lead to incredibly harsh punishments. For example, these cases can lead to prison, hefty fines, and lifetime sex offender registration. Moreover, the damage to your reputation, family, and future career options can be life-changing. An experienced Dallas aggravated sexual assault of a child lawyer can help you avoid or lessen these very serious consequences.

A person commits aggravated sexual assault (Texas Penal Code § 22.021) if they, intentionally or knowingly:

  • cause the penetration of the anus or sexual organ of a child by any means or
  • cause the penetration of the mouth of a child by the sexual organ of the actor or
  • cause the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person or
  • cause the anus of a child to contact the mouth, anus, or sexual organ of another person or
  • cause the mouth of a child to contact the anus or sexual organ of another person.

And they:

  • cause serious bodily injury or attempts to cause the death of the alleged victim or another person in the course of the same episodeor
  • place the alleged victim in fear of sex trafficking or that death, serious bodily injury, or kidnapping will be imminently inflicted on any personor
  • uses or exhibits a deadly weapon in the course of the episodeor
  • uses a “date rape drug” or similar substance to facilitate commission of the offenseor
  • the alleged victim is younger than 14 years of age.

For all of these, whether the actor knew the age of the child does not legally matter.

Aggravated Sexual Assault of a Child Penalties

Aggravated sexual assault of a child is a first-degree felony. As a result, you can face 5 – 99 years or life in prison and up to a $10,000 fine. If the alleged victim of a sexual assault is younger than 6 years old, the minimum sentence becomes 10 years. The same minimum sentence applies if the alleged victim is younger than 14 years of age and the offense contains one of the aggravating factors described above. Of course, the serious consequences don’t stop there. A conviction or deferred adjudication for aggravated sexual assault of a child will require sex offender registration for life.

Continuous Sexual Abuse of a Child

A person commits continuous sexual abuse of a child (Texas Penal Code § 21.02) if they commit 2 or more acts of sexual abuse. These acts must take place 30 days or more apart. For example, a prosecutor would charge two acts that occurred 31 days apart as 1 continuous sexual abuse charge. However, a prosecutor must charge 2 acts that occurred 29 days apart as 2 separate charges. The 2 acts can involve the same or different children. For a charge to qualify as continuous sexual abuse of a child, the actor must be 17 years of age or older and the alleged victim must be younger than 14 years old.

Sexual Abuse Defined

  • Indecency with a child by contact (not including where the sexual contact is touching of the breast)
  • Sexual assault of a child
  • Aggravated sexual assault of a child
  • Compelling Prostitution of a Child
  • Trafficking of a Child
  • Sexual Performance of a Child
  • Aggravated Kidnapping (with the intent to inflict sexual abuse on a child
  • Burglary of a Habitation (with the intent to commit certain offenses)

Continuous Sexual Abuse of a Child Penalties

A continuous sex abuse case is an aggravated first-degree felony. As a result, you could face a minimum of 25 – 99 years or life in prison and up toa $10,000 fine. Continuous sexual abuse cases are not eligible for parole, so any sentence must be served day-for-day. Of course, the serious consequences don’t stop there. A conviction for continuous sexual abuse of a child will require sex offender registration for life.

Other Related Child Sexual Assault Charges

Touching a child that does not include penetration is indecency of a child. For more information, see our indecency with a child page. For more information about sex crimes in general, see our sex crimes page.

Dallas Sexual Assault of a Child Lawyer

If you or someone you love has been accused of sexual assault, aggravated sexual assault, or continuous sexual abuse of a child in Dallas, contact the Law Office of Mike Howard. Most importantly, Dallas defense lawyer Mike Howard has the experience, trial skills, and dedication that you need when you are fighting for your life. We will do everything we can to fight for you. Moreover, Mr. Howard will give you an honest assessment of your case and explain the law and your legal options.

A Different Kind of Lawyer

We approach our clients differently than a lot of lawyers. Above all, our philosophy is that being a great lawyer is more than getting you a great result. First, our office is centered around you. This means we start by truly listening to you to understand your case and your goals. Further, our team works to provide you a client experience that is as easy and stress-free as possible. Answering your questions and keeping you informed is very important to us. Most importantly, we treat you as a person, not a number. Finally, our goal is to achieve the best possible result for you. If you’re looking for a different kind of lawyer you’ve come to the right place.

Our Case Process

Listen & Understand

We focus on clients as real people. First, we list to understand who you are and what you need. Then we make sure we fully understand the facts of the case.

Open Communication

We explain the law, your rights, and the legal process. Because communication is very important to us, we strive to quickly answer questions and return communication.

Fight for Justice

Simply put: we fight hard for you. In the courtroom, in negotiations, and before a case even is officially opened, we fight for justice for you.

Resources and Information

See our criminal defense resource center for more information on fundamental rights in a criminal case, definitions of culpable mental states (intentionally, knowingly, etc), defenses to prosecution, and more.

Defending Sexual Assault of a Child Charges

Many people (and lawyers) think that someone accused of sexual assault of a child cannot get a fair trial. The thinking goes that people will want to believe and protect the child no matter what. Our experience in courtrooms – with multiple not guilty verdicts in cases with terrible accusations – tells us otherwise. While people do want to protect children, they also intuitively know that children sometimes make things up. Sometimes an adult in their life is pressuring or misleading them. The key to a successful defense is putting the burden and pressure back on the prosecutor.

The prosecutor must prove their allegation beyond a reasonable doubt. If the prosecutor cannot rule out each and every possible reasonable doubt, the presumption of innocence prevails. As a result, the court must find you not guilty. This means you don’t have to prove that you didn’t do it. You don’t have to prove anything!

The only way the prosecution wins is if the jury believes their story is the only reasonable way it could’ve happened. If they have any reasonable doubts that it actually happened, they must find you not guilty. If they reasonably think it could’ve happened another way, they must find you not guilty. This is the highest burden of proof in our justice system. When implemented by a skilled Dallas sexual assault of a child attorney, it can be a powerful weapon.

Choosing the Right Sexual Assault of a Child Lawyer in Dallas

Searching for defense lawyers in a Dallas sexual assault of a child case can be overwhelming. After all, you are choosing someone who will hold your life, your future, and your family’s future in their hands. You have to be comfortable with them and feel that you can trust the information and advice they give you. Attorneys are supposed to always work in their clients’ best interest. That shouldn’t just be meaningless talk.

First, talk to several lawyers to get a feel for them and their staff. Do they take the time necessary to get to know you, to listen to what’s important to you, and answer your questions? Do they show you that you matter to them as a person and not just as a fee? Beware of lawyers who put the hard sell on you, who make big promises. No attorney should ever make a guarantee about a case. Absolutely avoid a lawyer who doesn’t communicate the scope of the work and their fee clearly in a written contract.

What Makes Mike Howard Different

Many lawyers take advantage of their clients’ ignorance of the criminal justice process. We take the opposite approach. A knowledgeable client is a happy client. Therefore, we provide a wealth of information in the way of articles about criminal offenses, blog posts, and videos for free on our website.

Visit Our YouTube Channel for informational videos and client testimonials.

Dallas Sexual Assault of a Child Attorney Mike Howard

Above all, I strive to help my clients through difficult times with compassion and integrity. In Dallas innocent people can get accused, charged, and convicted when they don’t have a Dallas sexual assault of a child attorney fighting for them. I believe in standing up for people facing criminal accusations and helping them navigate all that comes with being thrown into the criminal justice system.

Client-Centered

he cornerstone of my law practice is focusing on my clients as individuals. I start by taking the time to understand not just the facts of their case, but who they are and what they need. Because I know the criminal justice system can be intimidating, I explain the process, their rights, and their options. Client communication is extremely important to me, so I make sure my team and I do everything possible to quickly answer questions and return messages.

Willing to Fight

Most importantly, I am willing to fight a case in court. I have a track record of delivering fantastic results at trial. While not every client and case needs to go to trial, it can make a difference. When your Dallas sexual assault of a child attorney has a reputation as a skilled trial lawyer who fights for their clients, however, it can make all the difference in the world.

A Proven Track Record

Continuous Sexual Abuse

Our client was accused by the daughter of an ex-girlfriend of repeatedly abusing her. We were able to show the jury that all sorts of motive existed to make this story up and that no proof existed. The jury found M.J. Not Guilty.

Aggravated Sexual Assault of a Child

Our client was a college athlete who was accused by two underage family members of sexually assaulting them years prior. We were able to convince the prosecutor to dismiss all charges.

Sexual Assault of a Child

Our client was a teenage boy who had consensual sex with a girl at a party. When her parents found out she claimed rape. We were able to fully investigate and convince the detective to reject the case.

Indecency with a Child By Contact

Our client was accused of repeatedly a child family member. He denied any wrongdoing all the way to trial. We were able to convince the jury that the prosecution just didn’t have enough evidence. Not Guilty.

Our client was young and had no record. The prosecutor was looking to send him to prison for decades. We were able to avoid a conviction and get him deferred probation.

Start with a Case Evaluation

Together, we can get your life back.

When you’re ready to take the next steps, attorney Mike Howard is here to discuss your situation and design a plan to deal with Dallas child sexual assault allegations. Trust our experience, empathy, and ability to help put charges behind you.

Get Your 30 Minute Case Evaluation
(214) 296-2221

Located in the Element Towers West Building at 3010 LBJ Freeway, Dallas, Texas, attorney Mike Howard handles criminal cases across Dallas, Collin, Denton, and Tarrant Counties at the state level and in the Northern and Eastern Districts at the federal level.