Sex crimes carry some of the most severe criminal punishments under the law. Also, a sex crime conviction can carry other collateral consequences that follow an offender long after completing their prison sentence. For example, an offender will most likely be required to register with their state’s sex offender registry, potentially for the rest of their life.
Depending on the severity of the crime, the offender may be subject to conditions following their release, such as restrictions on internet usage or where they may live or work. Additionally, the stigma of a sex crimes conviction can have long-lasting, negative consequences on an offender’s ability to secure employment, education, or housing.
In some cases, people find themselves accused of sex crimes based on false accusations or out of malice or an attempt to secure an advantage over the accused, such as in divorce or child custody proceedings. New forensic technology has helped show that some sex crimes defendants were wrongfully convicted based on mistaken identity, false testimony, or botched police investigations.
Regardless of the facts and circumstances underlying your sex crimes charges, you need a law firm that will fight to assert your constitutional and civil rights and protect your freedom and reputation. Contact the Collin County sex crimes attorneys of Rosenthal Kalabus & Therrian at (972) 369-0577 for a free and confidential consultation.
Do I Need a Sex Crimes Lawyer?
If you have been charged with a sex crime in Collin County, having a defense lawyer on your side may be your best chance at avoiding a conviction. Law enforcement and prosecutors take sex crimes very seriously and vigorously prosecute any defendant against whom charges are filed. The state also has forensics labs and experts at its disposal to review and process any physical evidence in your case. You need a sex crimes defense attorney who will provide just as equal a defense against your charges.
A sex crimes defense lawyer can help you to investigate the facts and circumstances of your case. Sometimes, sex crimes charges are simply a case of mistaken identity. In many other sex crimes cases, what happened between two parties becomes a question of “he said, she said.” Remember that the prosecution is required to prove every element of your charges beyond a reasonable doubt.
A sex crimes defense attorney can obtain or review, in conjunction with experts, DNA, or other forensic evidence that may conclusively establish that you were not involved in the underlying sexual encounter. A sex crimes defense lawyer may also uncover evidence that can prove the underlying sexual encounter was consensual or preclude the prosecution from proving beyond a reasonable doubt that there was no consent.
If necessary, an experienced sex crimes attorney can negotiate with the prosecution on your behalf to help you obtain a favorable plea agreement. If you are convicted of your charges and face sentencing, a sex crimes lawyer can also present a persuasive argument on your behalf for a more lenient sentence.
Why Choose Rosenthal Kalabus & Therrian to Handle My Case?
If you have been charged with a sex crime in Collin County, you know that you have many criminal defense law firms to choose from. However, when you retain Rosenthal Kalabus & Therrian to defend you against sex crimes charges, you can be assured that you have a law firm that can give your case the attention it deserves. Law enforcement and district attorney’s offices devote considerable resources to prosecuting sex crimes cases. You need a law firm that can give you a similar level of resources.
In addition to being the largest law firm in Collin County, Rosenthal Kalabus & Therrian is also the only firm in the county with two Criminal Law Board Certified partners. In Texas, board certification means that an attorney has demonstrated and been tested to possess substantial, relevant experience in their field of law. As a result, board certification is a significant achievement bestowed on only one percent of attorneys in the state.
Criminal charges, especially sex crimes, are the most serious legal issue that you can face. Anyone facing criminal charges is entitled to have the best possible defense to protect and assert their rights. To properly defend yourself against sex crimes charges, you need attorneys who will provide you with a comprehensive defense. Our attorneys take a team approach to explore every angle of your case to uncover all the flaws in the prosecution’s case and find every piece of evidence that will be key to a defense strategy that will give you a positive outcome.
Contact our experienced sex crimes defense attorneys today to learn more about how Rosenthal Kalabus & Therrian will fight to protect your rights, freedom, and reputation.
Possible Penalties for Sex Crimes Convictions
Sex crimes fall under a misdemeanor or felony offense depending on the circumstances of the act. The courts must utilize guidelines for mandatory minimum sentences in Texas. The judge will refer to this guideline and might consider various other factors to determine a fair sentence. Contributing factors could include:
- Your age and the victim’s age
- Type of offense committed and how severe it was
- Your relationship with the victim
- Prior criminal convictions
- Whether the victim sustained injury or death from the crime
The maximum penalties for misdemeanor sex crimes in Texas are:
| Class | Sentence | Fine |
| Class A misdemeanor | One year | $4,000 |
| Class B misdemeanor | 180 days | $2,000 |
| Class C misdemeanor | No jail time | $500 |
The maximum penalties for felony sex crimes in Texas are:
| Degree | Sentence | Fine |
| State jail felony | Two years in jail | $10,000 |
| Third-degree felony | Ten years | $10,000 |
| Second-degree felony | 20 years | $10,000 |
| First-degree felony | 99 years | $10,000 |
Texas Sex Offender Registry
Besides facing jail time and expensive fines, you might also have to register with the Sex Offender Registration Program. Some offenses requiring registration are:
- Sexual assault
- Aggravated sexual assault
- Indecency with a child
- Possession or promotion of child pornography
- Indecent exposure (second conviction)
- Burglary combined with the intent to commit a sexual offense
- Aggravated kidnapping with intent to sexually abuse
- Compelling prostitution
- Unlawful restraint, kidnapping, or aggravated kidnapping
- Sexual performance by a child
The information you must submit includes:
- Name, including any aliases
- Gender
- Birthdate
- Race
- Physical address
- Employer
- Recent photo
- Fingerprints
- Type of crime committed
- Victim’s age
- Risk level
Three classifications of risk levels are:
- Low – It’s unlikely that the offender will commit another sex crime.
- Moderate – The offender may commit other sex crimes.
- High – There’s a threat that the offender will commit another sexual offense.
After serving your prison sentence, you must register as a sex offender if you committed any applicable crimes. Some crimes require lifetime registration, while others only require remaining on the registry for up to ten years. You must also re-register within one week of moving to a different county if you plan to stay longer than a week.
Lifetime registration
- Sexual assault
- Aggravated sexual assault
- Incest
- Possession or promotion of child pornography
- Burglary, as long as there was the intent to commit a sexual offense
- Sexual performance by a child
- Indecency with a child
- Continuous sexual abuse of a child
- Compelling child prostitution
- Human trafficking
- Child trafficking, including a sex crime
- Possession or promotion of obscene materials depicting someone under 18 years old
- Continuous child or human trafficking
- Aggravated kidnapping with the intent to commit a sexual offense
Ten-year registration
- Prostitution
- Bestiality
- Unlawful restraint or kidnapping of a child (first offense)
- Indecent exposure of an adult (second offense)
- Online solicitation of a minor
Convicted sexual offenders must verify their registration information periodically. Most only have to do it once a year. However, if you were convicted of multiple violent sex crimes, you might have to verify the information every 30 to 90 days.
Failing to register or verify registration could result in one of the following felony convictions:
| Registration | Felony | Sentence |
| Ten years | State jail felony | 180 days to 2 years |
| Lifetime | Third-degree felony | Two to ten years |
| Lifetime and verification every 90 days | Second-degree felony | Two to twenty years |
If you registered using fraudulent information or were convicted previously for failing to register as a sex offender, you could face a higher level felony and enhanced penalties.
Defenses Commonly Used In Texas for Sex Crime Charges
When you hire Rosenthal Kalabus & Therrian to defend you, we will immediately investigate and determine the right strategy to use for the charges you’re facing. We must find a way to argue against the prosecution’s case and plant the seeds of doubt in the juror’s minds.
Illegal search and seizure – Police officers sometimes gather evidence unlawfully. If law enforcement searched your home and obtained evidence without a warrant, we could file a motion to suppress evidence so the prosecution can’t use it against you in court.
Innocent – An obvious defense is that you didn’t commit the crime. We would need to establish an alibi placing you somewhere else when the offense occurred.
False accusation – The victim could have reason to accuse you of something you didn’t do to gain custody of your child or seek revenge. We can search for substantial evidence of someone’s motive to convict you of the offense.
Mistaken identity – Witnesses might identify you as the perpetrator despite not being anywhere near the crime scene at that time. Investigators can sometimes lead witnesses towards falsely identifying a suspect.
Consent – A sexual offense must involve a lack of consent by the adult victim. If we can show proof that there was consent to engage in the sexual act with an adult, you did not commit a crime.
Frequently Asked Questions about Sex Crimes
You probably have questions about the charges you’re facing and the steps you should take next. Defending against a sex crime can be an overwhelming and stressful process. To better prepare you for what’s to come, we have answered some common questions clients ask us. Although the information below could clarify what you’re up against, you should contact Rosenthal Kalabus & Therrian for a more comprehensive understanding. To learn about the process of seeking an expunction of your record, click here.
Even if you believe that your sexual encounter with someone was consensual, it does not prohibit the other party from alleging that it was not. For example, the other party may claim that the act was initially consensual but that they withdrew their consent during the encounter a person may withdraw his or her consent at any point during a sexual act. Or they may allege that they feigned consent out of fear of harm to themselves or others that does not meet the legal definition of consent. However, if you believe that your encounter was consensual, you will still be able to present your side of the story as a defense. Our experienced sex crimes defense attorneys will help you to put together a clear, concise, persuasive version of events from your perspective.
If the party who made the initial accusation no longer wants to see you prosecuted or cooperate with the prosecution, they may file an affidavit of non-prosecution with the district attorney’s office. However, just because the alleged victim no longer wishes to pursue charges does not mean that your case will be automatically dismissed. The district attorney has the final say over whether to withdraw criminal charges. The DA’s office may wish to continue your prosecution, even after your alleged victim has withdrawn his or her cooperation, if the prosecution believes they have sufficient evidence of your guilt, even without the victim’s testimony, to obtain a conviction.
A conviction for many sex crimes will carry with it an automatic obligation to register as a sex offender. Even if you choose to plead guilty according to a plea agreement, the prosecution cannot agree to waive your obligation to register as a sex offender if the crime you are pleading guilty to requires you to register. However, if avoiding sex offender registration requirements is your objective, our attorneys can try to work with the prosecutors to fashion a plea agreement to a lesser offense that does not require you to register as a sex offender.
The Collin County Criminal Defense Attorneys at Rosenthal Kalabus & Therrian Can Fight to Protect Your Rights
If you or a loved one have been charged with a sex crime in Collin County, you need to act quickly to preserve your legal rights and give yourself the best chance to maintain your freedom. You need dedicated, knowledgeable legal representation to help you put forth the most effective and persuasive defense against your charges.Contact the Collin County sex crimes defense attorneys at Rosenthal Kalabus & Therrian today to schedule a confidential consultation to discuss your rights and options and to learn more about how our firm will fight to defend you against your charges. Call (972) 369-0577 or reach us online.