If you’ve been accused of sexual assault of a child, Galveston sex crimes lawyer Tad Nelson will fight to clear your good name in the court of law. Sexual assault of a child is a Second-Degree Felony in the state of Texas.
The potential prison sentence for anyone found guilty in a court of law for sexual assault of a child ranges from 2 to 20 years.
Even if you haven’t been formally charged or arrested for sexual assault of a child, but believe that you may be accused of sexual assault of a child, then it’s important that you talk with the Galveston sex crimes attorney, who has experience dealing with these types of situations, as soon as you possibly can, and preferably, before a formal accusation is made.
At the Law Offices of Tad Nelson & Associates in Galveston, we have a better chance of successfully fighting the case the earlier were involved. By involving the Law Offices of Tad Nelson & Associates during the early stages, our chances of having the charges dismissed increase significantly.
In cases where there is a young adult in a relationship with a minor, there are some defenses available to our law firm that may result in full dismissal of criminal charges against you, or a not guilty verdict in the event the case makes it to trial in a Galveston County criminal Court of law.
The Law
The law is clear; any sexual activity with a person under the age of 17 is a felony offense regardless of consent. The law is gender-neutral and is not contingent on penetration.
Penal Code, Title V: Offenses Against The Person: Chapter 21: Sexual Offenses
A person can be convicted of child sexual assault in the State of Texas if they are found guilty of causing the penetration of the anus or other sexual organ of a child by any means, causing oral penetration of a child’s mouth by the organ of the defendant, causes the sexual body parts of a child to interact with the sexual organs of another person including the defendant, causes the child to endure oral sex by another person and or the defendant, causes a child to perform oral sex on another person and/or the defendant.
Continuous Sexual Assault of a Child
When child sexual assault occurs on an ongoing basis of more than 30 days the defendant can be charged the criminal offense of continuous sexual assault of a child. Penalties for such a criminal offense start with a mandatory minimum sentence of 25 years.
For purposes of clarity, a clear definition of a continuous sexual abuse of a child charge can be a minimum of two sexual acts against a child under the age of 14 within the span of 30 days.
In the event that the prosecution can show that the defendant is a habitual offender there is a real potential for a “life without parole” prison sentence. For person accused of a felony offense of this magnitude, parole, probation, nor deferred adjudication, should be considered a possibility as a disposition for the case.
If the person being accused has any previous convictions for criminal offenses related to sex on the background, the guilty verdict carries an automatic life sentence.
Qualifying sexual acts are as follows:
- indecency with a child(excludes breast contact),
- rape/sexual assault,
- aggravated sexual assault,
- aggravated kidnapping with the intent of sexual assault,
- burglary of a habitation with intent to commit sexual assault,
- forcing a sexual performance by a child,
- forcing a child to engage in sex acts,
- oral sex, anal sex, and any genital contact.
If you are accused of continuous sexual abuse of a child you will need an attorney who has the skill and experience to put a not guilty verdict on the horizon of potentials. This is even if you are guilty. If you’re innocent, and you’re ready to fight to prove it, you’ll need an even better lawyer. Whichever situation best applies to you, the Law Offices of Tad Nelson and Associates in Galveston, TX is qualified to represent you and fight for your best interests.
When you’re facing the possibility of a 25 year prison sentence minimum, the potential for mandatory minimum life sentence, or a lifetime legal obligation to register as a sex offender in the event that you are convicted of a lesser charge, attorneys Tad Nelson and Amber Spurlock are among the best attorneys in Galveston when it comes to litigating cases in which forensic scientific evidence will make the difference in the determination of the guilt or innocence of the defendant.
