Sexual Assault/Child Abuse Attorney in Irving
Experienced Defense Representation to Combat Your Sex Crime Charges
Sexual assault and child abuse cases are very delicate matters that require careful attention. Oftentimes, there is very little evidence to work with, and it is important to conduct a thorough investigation to get a full picture of the circumstances and allegations against you. Kelley Legal is experienced in handling these kinds of cases and will fight to protect your rights at every stage. The consequences of a conviction could follow you for life — don’t take the risk without enlisting the legal support of an experienced defense lawyer.
Contact Kelley Legal today for a free consultation to discuss your defense.
Sexual Assault Laws
In Texas, sexual assault is when someone intentionally and knowingly commits prohibited sexual activities against another person without their consent.
There is a lack of consent when:
- physical violence was threatened or used in order to get the alleged victim to submit to the defendant's actions; or
- the alleged victim for any reason is physically unable to resist or understand the nature of the act being performed.
In general, there is also a lack of consent in any situation where the defendant is in a place of power or charged with the care of the alleged victim, such as if the defendant is a healthcare provider, clergyman, public servant, or employee of a facility where the alleged victim resides.
A charge of sexual assault elevates to the level of aggravated sexual assault if any of the following occur during the offense:
- The defendant caused serious bodily injury or attempted to cause the death of the alleged victim
- The defendant placed the alleged victim in fear of death, serious bodily injury, or kidnapping
- The defendant used or exhibited a deadly weapon during the crime
- The defendant acted with another individual to commit the offense
- The defendant used a "date rape drug" (Rohypnol or ketamine) in the offense with the intent of making the crime easier to carry out
- The alleged victim is an elderly or disabled individual
- The alleged victim is younger than 14 years old
Statutory rape, or sexual intercourse with a minor younger than 17 years old, is also a crime of sexual assault or aggravated sexual assault.
A sexual assault is typically charged as a second-degree felony punishable by two to 20 years in state prison and/or a fine of up to $10,000. Aggravated sexual assault is a first-degree felony punishable by five to 99 years in state prison and up to $10,000 in fines, with possible mandatory minimum sentences depending on the age of the alleged victim and the severity of the offense.
Child Abuse in Texas
Kelley Legal also advocates for clients accused of child abuse, which is any physical, emotional, or sexual abuse of a child. Attorney Erin defends clients against accusations of failure to report, as Texas law requires all individuals to report child abuse or neglect to the Texas Department of Protective and Regulatory Services if they have cause to believe that a child’s physical or mental health is being adversely affected by abuse.
Child abuse includes any of the following behaviors committed adversely against a child:
- Inflicting or failing to reasonably prevent others from inflicting mental or emotional injury that impairs a child's growth, development, or psychological functioning
- Physical injury resulting in substantial harm
- Sexual abuse, exploitation, or the use of controlled substances resulting in mental or physical harm to a child
It is a Class B misdemeanor punishable by up to 180 days in jail and $2,000 in fines to commit child abuse that causes physical injury resulting in substantial harm or mental or emotional injury. Failure to prevent injury, harmful sexual conduct or pornography, and the failure to prevent the use of a controlled substance by a child is also a Class B misdemeanor.
Accusations of sexual assault or child abuse are serious criminal matters that should be resolved by a legal professional. One of the strongest assets you should obtain for your defense is an experienced attorney. At Kelley Legal, Erin will provide thorough and communicative legal support. She will investigate all the available evidence so that she can build a formidable defense against your allegations.
Schedule a free initial consultation with Kelley Legal today to get started on your defense. Attorney Erins is here to defend you, no matter how complex your case is.
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