Sexual offenses carry a powerful stigma. Depending on the circumstances, being convicted of a sex crime could permanently impact your ability to find employment or secure housing in certain areas. Many people convicted of sex crimes must register as sexual offenders, and the registry is publicly available online for anyone to see.
If you were charged with a sex crime, the possible consequences upon conviction are devastating. Give yourself the best chance at a favorable outcome by working with a McKinney sex crimes lawyer to defeat the charge. A tenacious defense attorney at Barbieri Law Firm, PLLC is prepared to take on your case.
Common Sexual Offenses Involving Adults
A prosecutor could charge a sex crime as a misdemeanor or a felony. As a general matter, alleged sex crimes involving minors or sexual violence are felonies. A McKinney defense attorney represents people who have been accused of a variety of sexual offenses.
Misdemeanor sex crimes include indecent exposure, defined under Texas Penal Code §21.08 to include acts such as mooning or public urination. Public lewdness includes any public sexual activity. Soliciting prostitution means intentionally agreeing to exchange sexual contact for something of value, regardless of whether sexual contact or exchange of something of value took place. Soliciting prostitution could be a misdemeanor or felony, depending on the circumstances and the accused’s criminal history.
Felony sex crimes include creating or distributing obscene material, which Texas Penal Code § 43.21 defines as material that violates community standards by depicting or describing sexual behavior in a way that lacks any literary, artistic, scientific, or political value. Other sexual felonies include sexual assault, which refers to non-consensual sexual contact between two adults or between an adult and a child under the legal age of consent.
Sexual Offenses Involving Minors
Most sexual offenses involving minors are felonies. Law enforcement and prosecutors prioritize these crimes, so anyone who believes they are under investigation for a sexual offense involving someone under 18 should reach out to an experienced McKinney sex crimes attorney as quickly as possible. Early representation can help an accused avoid self-incriminating behavior and bring evidential weaknesses to the prosecutor’s attention, perhaps dissuading them from bringing charges.
Engaging in sexual contact with a child is usually a second or third-degree felony, depending on the child’s age, the extent of the contact, and other factors. Online solicitation of a minor is a felony charge prosecutors could bring against someone who allegedly had sexually explicit electronic communication with a person they thought was a minor, even if the target of the communication was actually a legal adult.
Prosecutors could bring felony child pornography charges against anyone who possesses images depicting a child in sexually explicit poses or activities. In some cases, if a 17-year-old engaged in sexting with an adult older than 20, it could be considered transmitting child pornography and lead to a felony conviction for both parties.
Effective Defenses Against Sex Crime Charges
Successful defenses to sex crimes depend on the offense the accused faces and the surrounding circumstances. However, law enforcement conduct is often an issue in these types of investigations. If the alleged crime involves an electronic exchange of images or communication, a proactive defense attorney at our firm can investigate whether law enforcement had the proper authorization to examine the material. If not, they could move to exclude the evidence.
Entrapment could be a successful defense if the police lured an individual into committing a crime they had no prior intent to commit. Challenging witness testimony or an alleged victim’s motivations also could lead to a successful defense.
A McKinney attorney with experience defending sex crimes will strive to convince the prosecutor that their evidence will not lead to a conviction at trial, and that they should drop charges. If the prosecutor goes forward, and a skilled legal representative believes acquittal at trial unlikely, they could pursue an agreement that spares the accused from the most severe consequences of conviction and registration as a sex offender.
Enlist the Help of a McKinney Sex Crimes Attorney for Your Defense
A sex crime conviction could lead to years in prison and registration as a sex offender—consequences that could follow you for the rest of your life. Even a conviction on a relatively minor offense like public lewdness could damage your reputation and cost you employment and housing opportunities.
If you are being investigated for a sex crime or have already been arrested, get a McKinney sex crimes lawyer at Barbieri Law Firm, PLLC on your side right away. They can use their knowledge and expertise to get you the best results possible under the circumstances. Call now to get started.