Name: Law Offices of Patrick L. Hancock - Criminal Defense Attorney
Address: 1800 McCullough Avenue, San Antonio, TX, 78212
Telephone: (210) 223-8844
Price range: $

INDECENCY WITH A CHILD DEFENSE LAWYER IN SAN ANTONIO, TX - LAW OFFICES OF PATRICK L. HANCOCK

San Antonio Sexual Assault Lawyer The consequences of indecency with a minor conviction are life-changing. It is a felony crime that can lead to up to 20 years in prison, large fines and lifetime registration as a sex offender. If convicted, you may have trouble renting an apartment, buying a home, getting a job, and obtaining a student loan. The consequences of a sex crime conviction are likely to follow you for a lifetime.

This is why it is important to consult with an experienced Texas sex crime defense lawyer as soon as possible. An attorney can begin defending your constitutional rights as soon as he or she becomes involved in your case. In addition, a lawyer can also develop a comprehensive strategy that will allow for the best possible resolution to the charges against you.

When the stakes are this high, you need an experienced attorney on your side. Do not face these charges alone. Instead, contact a San Antonio defense lawyer with national recognition and more than 32 years of experience: Patrick L. Hancock. Call today for a free consultation: 210-223-8844.

FAQ - SAN ANTONIO SEX CRIME DEFENSE LAWYER FOR INDECENCY WITH A CHILD

The information provided here is general and does not constitute legal advice. For specific legal concerns, please speak with an experienced attorney regarding your cssase.

WHAT ARE THE DIFFERENT DEGREES OF INDECENCY WITH CHILD CHARGES?

Indecency with a child is a serious criminal charge in Texas that can have life-altering consequences. The state categorizes these charges into different degrees, each carrying severe penalties.

Indecency with a Child by Contact: This charge involves inappropriate touching with the intent to arouse or gratify sexual desire. It's classified as a second-degree felony in Texas, punishable by up to 20 years in prison and a fine of up to $10,000.

Indecency with a Child by Exposure: This charge involves exposing oneself to a child with the intent to arouse or gratify sexual desire. It's classified as a third-degree felony, punishable by up to 10 years in prison and a fine of up to $10,000.

If you or someone you know has been accused of indecency with a child, it's crucial to seek immediate legal representation from a San Antonio sex crime attorney. The Law Offices of Patrick L. Hancock is experienced in handling these complex cases, offering expert defense strategies tailored to your unique situation.

WHAT CONSTITUTES INDECENCY WITH A CHILD IN TEXAS?

Indecency with a child in Texas is defined under Section 21.11 of the Texas Penal Code. It generally involves engaging in sexual contact or exposing oneself to a child under 17 years of age. The specific acts that constitute this crime include:

Touching the child's genitals, anus, or breast with intent to arouse or gratify sexual desire.
Exposing one's genitals, knowing that a child is present, with intent to arouse or gratify sexual desire.

Even if no physical contact occurs, indecency with a child charges can still be brought if there is exposure. The penalties are severe and can include lengthy prison sentences, hefty fines, and mandatory registration as a sex offender.

At the Law Offices of Patrick L. Hancock, our San Antonio criminal defense attorneys understand the gravity of these accusations. We are committed to protecting your rights and providing a strong defense against such serious charges. If you are facing allegations of indecency with a child, it is crucial to consult with a skilled sex crime lawyer immediately.

CAN I BE CHARGED WITH INDECENCY WITH A CHILD FOR ACCIDENTAL TOUCHING?

Accidental touching is a complex issue when it comes to charges of indecency with a child. Texas law requires the intent to arouse or gratify a sexual desire for an act to be classified as indecency with a child. However, misunderstandings and misinterpretations can lead to accusations, even in cases where there is no intent.

Here's what you need to know:

Intent: The prosecution must prove that the act was intentional, meaning there was a specific purpose to arouse or gratify sexual desire.
Accidental Touching: If the touching was purely accidental and not motivated by sexual intent, a strong defense could be mounted. However, the circumstances of each case are unique, and these matters often require expert testimony and a thorough investigation.

Facing such charges can be overwhelming. The Law Offices of Patrick L. Hancock is dedicated to defending individuals accused of indecency with a child, using our extensive experience to challenge the prosecution's case. As a trusted San Antonio sex crime attorney, we will fight tirelessly to prove your innocence and protect your future.

WHAT IS THE STATUTE OF LIMITATIONS FOR INDECENCY WITH A CHILD CHARGES IN TEXAS?

The statute of limitations defines the period within which legal action must be initiated. In Texas, the statute of limitations for indecency with a child charges can vary depending on the specific circumstances of the case.

No Statute of Limitations: There is no statute of limitations for certain offenses, including indecency with a child by contact. This means that charges can be brought at any time, even decades after the alleged incident occurred.
Ten Years: For other related charges, such as indecency with a child by exposure, the statute of limitations is typically ten years from the victim's 18th birthday.

Understanding the statute of limitations is crucial for both the accused and the accuser. If you are facing these charges, it's essential to act quickly and seek legal counsel. The Law Offices of Patrick L. Hancock are well-versed in the intricacies of Texas law and can provide you with the guidance and defense needed to navigate this challenging situation.

CAN A CHILD'S TESTIMONY ALONE BE ENOUGH TO CONVICT SOMEONE OF INDECENCY WITH A CHILD?

In Texas, a child's testimony can indeed be sufficient to convict someone of indecency with a child, especially if the testimony is found to be credible and consistent. However, the defense has several avenues to challenge such testimony:

Credibility: The defense may scrutinize the credibility of the child's testimony, highlighting inconsistencies or possible coaching.
Corroborating Evidence: While a child's testimony alone can lead to a conviction, the presence or absence of corroborating evidence, such as physical evidence or witness statements, plays a crucial role in the outcome of the case.
Expert Testimony: The defense may also introduce expert testimony to question the reliability of the child's account or to explain how external factors could have influenced the child's testimony.

Given the seriousness of these charges, securing skilled legal representation is vital. The Law Offices of Patrick L. Hancock, a respected San Antonio criminal defense attorney firm, has extensive experience in defending against allegations of indecency with a child. Our approach involves

a thorough examination of the evidence,
a strong cross-examination of witnesses, and
the use of expert testimony to challenge the prosecution's case.

If you or a loved one is facing such allegations, do not hesitate to contact our office at (210) 223-8844. We are here to provide the aggressive defense you need to protect your rights and your future.

SAN ANTONIO SEX CRIME DEFENSE LAWYER FOR INDECENCY WITH A CHILD - AREAS WE SERVE

SAN ANTONIO, TEXAS

AGGRESSIVE DEFENSE AGAINST INDECENCY WITH A CHILD CHARGES - SEX CRIME LAWYER IN GREATER SAN ANTONIO

Penalties for Indecency with a Child

Section 21.11 of the Texas Penal Code designates Indecency With a Child as a felony. It is a Class 2 felony if the defendant "engages in sexual contact with the child or causes the child to engage in sexual contact." Class 2 felonies are punishable by a prison term of two to twenty years and a fine of $10,000. Indecency with a Child is a Class 3 felony if the defendant exposes the anus or any part of his or her genitals, knowing the child is present, or causes the child to expose the child's anus or any part of the child's genitals. Class 3 felonies are punishable by a prison term of two to ten years and a fine of $10,000.

In addition to prison and fines, you might also be subject to registration as a sex offender. Different levels of sex offender registration have different requirements of community notice, supervision, computer use, and other terms. Regardless of the level of registration, being designated as a sex offender can have a negative impact on every aspect of your life, and you should consult with your defense lawyer about the possibility of sex offender registration.

Defenses for Indecency with a Child

In order to convict you of indecency with a minor or another sex crime charge, the prosecutor must prove beyond a reasonable doubt that you meet all elements of the charges. The child must be under 17 years old, you must be at least three years older than the child and you must have done the act with certain intentions. If the prosecutors fail to prove any of these points, you cannot be convicted of the crime.

There are often many ways for an attorney to defend a client from allegations of a sex crime. Some of these are created by statute, while others involve raising constitutionally guaranteed rights. Still others are based upon a simple lack of persuasive evidence against the defendant. The defenses available in your case will depend on the specifics of your case, and a lawyer will be able to determine which, if any, to raise.

Attorney Patrick L. Hancock has successfully defended indecency cases where the defendant:

Was the same age as the alleged victim
Did not intend to touch the alleged victim inappropriately
Did not know the age of the victim
Was wrongfully accused of indecent exposure

Statutory Defenses

Section 21.11 of the Texas Penal Code establishes the crime of Indecency with a Child. This section also creates two important defenses that can prevent a conviction for this offense. The first defense is that you were legally married to the child at the time of the alleged crime. The second defense applies if you meet all of the following criteria at the time of the alleged offense:

You were not more than three years older than the victim and of the opposite sex.
You did not use duress, force, or a threat against the victim at the time of the offense; and
At the time of the offense you were not required to register for life as a sex offender or did not have a prior conviction (or juvenile adjudication) for Indecency with a Child.

The Police Lacked a Warrant or Valid Exception

The Fourth Amendment of the Constitution protects all of us from unreasonable searches or seizures. The Constitution requires law enforcement officials to obtain a warrant—which can only be issued by a judge on a showing of probable cause—before searching a vehicle or residence or seizing evidence to be used against a person. That said, there are many exceptions to the warrant requirement, and many searches conducted without a warrant are determined to be valid.

Police must have a warrant or a clear exception to the warrant requirement before they can conduct a search or seize evidence. If not, the evidence that is collected can be excluded from the trial. Some prosecutors choose to go to trial anyway and take their chances on presenting the jury with their weakened case. Other prosecutors will dismiss the case if their remaining evidence is not strong enough to support a conviction. A court can even dismiss a case over a prosecutor's objection if there is no longer sufficient evidence to hold the defendant.

The Witness is Unreliable

Witness reliability is a major factor in sex crime cases involving child victims. Children are not always old enough or mature enough to understand the difference between truth and lies, and some children are not able to distinguish between fantasy and reality. Because of this, a prosecutor must usually call some sort of child development expert witness to testify at trial. This expert will give testimony about how one can determine whether a child is telling the truth. The defense then has an opportunity to cross-examine the expert and present the jury with information that the child might not understand the matters about which he or she is testifying. In some cases, the cross-examination of an expert witness can create enough doubt regarding the alleged victim's reliability to secure an acquittal.

Protect Your Rights From Investigation Through Trial

It is never too early or too late to protect your rights. The earlier an attorney can intervene in your case, however, the more likely you can defeat your charges. Patrick L. Hancock will begin investigating your case immediately, taking every step necessary to protect your rights and freedom.

He understands that these are difficult charges that cause many emotions. You may be angry, confused, or even panicked. You may worry about your future and face significant public scrutiny. Patrick L. Hancock will do everything in his power to minimize the impacts on you, from working to have your charges dismissed or reduced to shielding you from publicity and aggressive prosecutorial tactics.

Trial Lawyer, Listed in Texas Super Lawyers and The Best Lawyers in America

It is important to act as soon as possible to protect your rights. Mr. Hancock knows how to aggressively cross-examine witnesses and challenge any allegations against you. He has a solid reputation for excellence at trial and a lengthy record of victories for clients.

Do not talk to investigators or reveal information without first talking to Mr. Hancock. For a free and confidential consultation with a criminal lawyer experienced at defending serious sex crime charges, call the San Antonio, Texas, Law Offices of Patrick L. Hancock at 210-223-8844 or contact him online.

Call Us Today to Speak with a San Antonio Criminal Defense Attorney

Allegations of any sexual misconduct can follow a person for the rest of his or her life. If you have been accused of indecency with a child, your reputation is in even greater danger. Your ability to work and live where you like could very well be on the line. Attorney Patrick L. Hancock has helped many clients protect their constitutional rights throughout the criminal process. Call (210) 223-8844 or contact us online to schedule a consultation with an experienced Texas defense attorney. Don't wait – the sooner you have an attorney fighting on your side, the better protected your legal rights will be.

SAN ANTONIO SEX CRIME ATTORNEY – INDECENCY WITH A CHILD