Frisco, TX Juvenile Sexual Assault Attorneys

Skilled Lawyers Representing Those Charged With Sexual Assault Against a Minor in Frisco, Texas

Sexual assault allegations against minors are among the most serious charges a young person can face. These cases may be prosecuted in juvenile courts or, in more serious situations, they may be transferred to adult courts, where the penalties may be significantly more severe. Regardless of where the case is heard, the consequences of a sexual assault accusation can have a huge impact on a minor's life and future, affecting their education, employment opportunities, personal relationships, and freedom.

The attorneys at Barbieri Law Firm understand the complexity and sensitivity of cases involving accusations of juvenile sexual assault. We will provide a compassionate, skilled legal defense in which we will fight to protect the rights of minors while working to prevent outcomes that could alter the course of their lives. With a deep understanding of Texas juvenile law and the unique challenges that arise in these cases, our lawyers can provide strategic guidance at every step of the legal process while helping minors and their families resolve these matters successfully.

What Is Sexual Assault by a Minor Under Texas Law?

Under Texas Penal Code §22.011, a person may be accused of sexual assault if they allegedly engaged in sexual conduct with another person without receiving that person's consent. A minor may be accused of using force or threats to engage in sexual conduct, or the other person may claim that they were incapable of giving consent because they were unconscious or intoxicated. In cases involving minors, the age difference between the parties involved may be a factor considered when determining the specific charges.

Minors may be accused of sexual assault in situations such as:

• A teenager allegedly engaging in sexual activity with a younger child
• Two minors involved in a sexual relationship where one is under the legal age of consent (which is 17 in Texas)
• Claims involving coercion, threats, or the use of force during a sexual encounter
• Reports from parents, teachers, or counselors after learning of alleged conduct between children

In some cases, consensual activity between minors could result in criminal charges if one of the parties is under the legal age of consent. However, if the alleged victim was at least 14 years old, and the alleged offender was no more than three years older than the alleged victim, a consensual sexual encounter will not be considered sexual assault.

How Juvenile Sexual Assault Cases Are Handled in Texas

In Texas, minors between the ages of 10 and 17 may be charged in juvenile court if they are accused of committing criminal offenses. Sexual assault charges against a minor may be handled as juvenile delinquency matters. While these cases are handled differently from criminal charges, they can still lead to serious penalties.

Juvenile courts will typically work to rehabilitate rather than strictly punish minors. However, sexual offenses are treated with seriousness, and a minor could face serious penalties if they are adjudicated delinquent.

Penalties for Juvenile Sexual Assault Adjudications

If a minor is adjudicated delinquent for sexual assault, the penalties may include:

• Commitment to the Texas Juvenile Justice Department (TJJD) for a period of months or years
• Probation or supervision until the age of 18 or 19
• Mandatory counseling or treatment programs for sexual behavior issues
• Placement in a secure residential treatment facility
• Restitution to the alleged victim
• Sex offender registration, which may be ordered depending on the specific offense and age of the minor

The requirement to register as a sex offender is one of the most serious consequences that can result from an adjudication. Although Texas law allows juvenile courts some discretion in whether to require registration, once imposed, these obligations can be deeply damaging to a minor's future. In general, juvenile offenders will be required to register as sex offenders for 10 years.

When Juvenile Cases May Be Transferred to Adult Court

In the most serious cases, a prosecutor may seek to certify a juvenile as an adult. This means the minor would be tried in an adult criminal court and, if convicted, they would be sentenced under the adult penal code. A juvenile may be transferred to adult court based on factors such as:

• The alleged offense is a felony (such as aggravated sexual assault)
• The minor is 14 years or older at the time of the alleged offense
• The court finds that the seriousness of the offense and the child's background justify adult prosecution

If a case is transferred to adult court and results in a conviction, the penalties may include long-term incarceration, lifetime sex offender registration, and a permanent criminal record.

Legal Defense for Minors Accused of Sexual Assault

The attorneys at Barbieri Law Firm recognize that accusations of sexual assault can result in serious legal penalties and other issues that may affect a child's life and future. We work to defend children against these charges by:

• Investigating the full context of the alleged incident, including the prior relationships between the alleged offender and the alleged victim, communications that occurred, and potential misunderstandings
• Challenging the prosecution's evidence, including witness testimony, statements from the alleged victim, digital records, forensic evidence, and other factors that may be involved in a case
• Advocating against transferring a case to adult court, emphasizing the minor's capacity for rehabilitation and the benefits of juvenile intervention
• Negotiating with prosecutors to reduce charges or resolve a case in a way that will minimize the long-term consequences that may affect a minor
• Pursuing a dismissal when appropriate or advocating for probation or other solutions, especially in cases involving first-time offenders
• Working to avoid or limit sex offender registration requirements

Positive Results in Juvenile Sexual Assault Cases

Our attorneys have the skills and experience needed to achieve successful results for minors who have been accused of sexual assault. In one representative case, we defended a 16-year-old student against accusations of sexually assaulting a classmate at school. These allegations carried the risk of felony charges, possible prison time, and mandatory sex offender registration.

Our attorney acted quickly to conduct a thorough investigation, including reviewing text messages and social media interactions between the students. She arranged a voluntary interview with police to clarify the facts of the case and presented evidence demonstrating that the encounter was consensual and had been mischaracterized as sexual assault. Due to her early intervention and advocacy, the charges were dropped.

Contact Our Frisco, Texas Juvenile Sexual Assault Defense Lawyers

When a child has been accused of sexual assault, it is important to act quickly to protect their future. These cases can be complex and emotionally charged, and they require experienced legal representation to help minors navigate the juvenile justice system and avoid life-altering penalties. At Barbieri Law Firm, we can help address these charges effectively and take steps to minimize the effects on a minor's life. Contact our Frisco sexual assault attorneys for minors at 972-424-1902 to set up a free consultation today.