Houston Sex Crimes Attorney

At the Law Office of David A. Breston, we focus our practice to protecting the rights of our clients and preserving their freedom. As an experienced sexual assault and child sex offense lawyer, David Breston has successfully defended many clients facing these serious charges. In some cases, we have even stopped the investigation of our clients, resulting in no charges being filed. In other cases, we have obtained mitigated charges and reduced penalties, and in still other cases, we have won acquittals in jury trials.

These cases are treated differently and a conviction carries long sentences and life-long registration. You need an attorney that is motivated to help you. Unfortunately, many people feel that a person accused of a sex crime does not deserve a good defense. If the person is responsible, some attorneys feel that he or she always deserves to go to prison. Houston sex offense lawyer David Breston believes that the state has to prove its case beyond a reasonable doubt, and in sex cases, the state often has a case resting on one person's word against another's.

Why Should I Hire a Sex Crimes Attorney?

After an arrest, it is tempting to forgo an attorney during your criminal trial or to choose a court-appointed defense lawyer. However, hiring a sex crimes attorney for your criminal trial is crucial -- and choosing your own can provide a number of benefits that self-representation or a public defender cannot.

• Sex crimes are very sensitive subjects, and the court and the prosecution may feel pressure from the public to convict you of the crime because of how society views the accused. Your attorney will have a familiarity with sex crime cases, which gives him or her a strong knowledge of the strategies, defenses, and processes necessary to defend you in front of these parties.
• Your attorney will also have a strong knowledge of the court system that will hear your case, and may have a relationship with the prosecutors and judges who work in this circuit. Your lawyer will be able to guide you through these processes, helping you better understand and prepare for what is coming next.
• Sex crime cases have the potential to severely impact your life if you receive a conviction. You may lose your job, ability to find affordable housing, and suffer from damage to your relationships and reputation. Hiring a sex crimes attorney can help increase your chances of obtaining the best possible outcome, giving you a greater opportunity to protect your future.

Can You Have Your Sex Offense Records Sealed?

In the state of Texas, certain criminal records for adults can qualify for an order of nondisclosure, which effectively seals the records from public view. However, many sex offense crimes do not qualify for this action, especially if the conviction involved injury to a child or for you to register as a sex offender.

You may file a petition for an order of nondisclosure if you completed all of the terms of your sentence and the required waiting period: five years for felonies and two years for serious misdemeanor crimes. In addition, the following crimes are not eligible for an order of nondisclosure.

• Human trafficking
• Murder
• Stalking
• Any instance of injury to a child
• Any instance of family violence
• Aggravated kidnapping

If you receive a sex crime conviction, it can be very difficult to remove its impact on your record, your ability to find employment or housing, and your reputation among friends, family, and neighbors. Hiring a sex crimes defense attorney from the Law Office of David A. Breston can help you effectively strategize your defense and increase your chances of obtaining the best legal outcome.

Definition of a Sex Crime

The term sex crime can refer to a number of different criminal acts, so this type of crime is not easy to define. In simple terms, a sex crime is any crime that involves sexual acts without the consent of the alleged victim. Under Texas law, you cannot obtain consent for sexual activity through force, or if the alleged victim is mentally defective, incapacitated, or physically helpless.

People who suffer from mental illnesses or defects that prevent them from understanding the sexual act cannot give consent to sexual activity. If someone is under the influence of an intoxicating substance like drugs or alcohol and cannot control the situation or say no, he or she cannot consent to sexual activity either. People also cannot give consent if they are underage minors, unconscious, unable to say no to sexual activity due to physical disability, or otherwise unaware of the sexual act.

Texas recognizes several types of sex crimes, each with their own set of penalties

• Sexual assault
• Child molestation
• Aggravated sexual assault
• Prostitution
• Child pornography
• Indecent exposure
• Sex trafficking

What Are the Penalties for a Sex Crime Conviction?

The state of Texas prosecutes sex crimes in a very harsh and serious manner. Depending on the circumstances and severity of your case, you may face jail time, fines, mandatory sex offender registration, and other criminal and administrative penalties. Additionally, you may also face damage to your reputation, relationships, and current living situation.

• Sexual assault is usually a second-degree felony, and can result in between 2 to 20 years in prison, a fine up to $10,000. If the assault is a first-degree felony, you can face between 5 to 99 years in prison and a $10,000 fine.
• Aggravated sexual assault, which involves the use of violence or a child, elderly, or disabled victim, is a first-degree felony. With a conviction, you can face between 5 to 99 years in prison and a $10,000 fine, with a 25-year minimum if the victim was a young child
• Possession of child pornography is a third-degree penalty punishable by a prison sentence between 2 and 10 years and a fine up to $10,000. If you possessed the material with intent to distribute it, the charge increases to a second-degree felony punishable by 2 to 20 years in prison and a maximum $10,000 fine.
• Prostitution or solicitation without any aggravating factors is a Class B misdemeanor punishable by up to 180 days in jail and a maximum $2,000 fine. Pimping without aggravating factors is a Class A misdemeanor punishable by up to 1 year in jail and a $4,000 fine.

Hire Our Sex Crime Lawyers for Your Court Case

If you are facing charges for a sex crime in the Houston area, the Law Office of David A. Breston can help. Our lawyers have significant experience defending clients in the courtroom and at the negotiating table, and understand the intricacies of multiple practice areas -- including sex crime cases. Contact our firm today to schedule your free consultation and to discuss your legal options.

We know that being accused of a sex crime can be embarrassing and that being convicted is far worse than embarrassing. For a free confidential consultation, please contact us at 888-220-4040 or contact us online.