A sex crime may be defined as a sex act that is considered deviant in nature, the exchange of sexual activity for money, or a forced/non-consensual sexual act. A sex offense can have long-lasting consequences such as social solitude and sex offender registration because the particular individual cannot obtain certain professional licenses, work in particular areas, or live in the particular areas. Even some forms of consensual sex-related acts, such as in statutory rape cases, are criminalized as well.
The following factors are considered as sex offenses
Rape – This is generally defined as a forced or non-consensual sexual intercourse. This is one of the most serious sex crimes a person may be accused of committing
Sexual abuse – Improper touching, molestation and forced sexual intercourse fall under this category
Child pornography – This crime has seen more prosecutions in recent years. It is illegal to possess, create, sell, or distribute any images which involve pictures of children of a sexual nature. If these problems exist for a child then the defendant faces harsh fines, jail and a permanent place on the sex offender registry.
Child molestation – This is a sex offense in which an adult uses the child for sexual stimulation. Generally, these offenses either fall under indecency with a child (by exposure or contact) or aggravated sex assault (by actual penetration).
Prostitution – This is offering to perform a sexual act in exchange for money or another commodity. Often the agreement is ambiguous or not recorded, so it comes down to a swearing match at trial.
A defendant facing a sex charge needs a criminal lawyer in Harris County, Texas, who knows how to handle these cases. Experience shows more people are falsely accused of sex crimes than any other felony. Not just any criminal attorney can handle these cases. Instead, the lawyer needs a proven track record of investigating AND trying these cases. Do not be afraid to ask the lawyer you are seeking to hire details about his abilities with sex offenses.
Being accused of a crime can simply destroy everything you have worked so hard to earn in your life. You will end up losing your name, reputation, career, time, family and many more.
Even if you are found not guilty, the stigma of a criminal accusation follows you around until it is erased from your record. The method of erasing your record is via an expunction. Such an expunction allows you, if it is granted, to legally deny even ever being arrested.
If you are charged with a crime, you must find Houston criminal attorneys who are Board Certified in Criminal Law and who know how to handle your type of case. After all, you would never hire a doctor to perform surgery if he had never done it before. That is, unless you want to be guinea pig so the doctor (or Houston criminal lawyer) can gain experience at your expense.
Hiring a criminal attorney is not like buying a television. You don’t shop around for the cheapest price. Rather, you need to hire the best qualified lawyer that you can afford. This is not the time to pinch pennies and hope for the best. In short, you get what you pay for, particularly when it comes to criminal lawyers. The best Houston criminal lawyers are not cheap; and the cheap Houston criminal attorneys are not the best.
A professional and experienced Houston criminal defense lawyer will educate his defendant on all the aspects pertaining to the case. A good attorney-client relationship is imperative. Knowledge is power, and you and your attorney both are on the same team and need to know what you are confronting.
Other characteristics of a good criminal lawyer: his reputation (including actually trying cases), whether he is Board Certified in criminal law, whether he is a good negotiator, and whether he has a history of getting results. This is the case whether the criminal lawyer deals with State law or is a federal criminal attorney that handles federal criminal charges.
The State of Texas treats driving-while-intoxicated (DWI) cases seriously. This includes Houston, Texas, and the Harris County District Attorney’s Office. Some commonly refer to DWI as “drunk driving.” Even though attorneys are schooled in the laws pertaining to a wide variety of legal areas, a huge amount of expertise comes from practical experience, either by prosecuting or defending individuals or businesses.
For DWI cases, which involve a great deal of science in addition to just knowledge of the basic governing laws, this experience may be the most critical thing.
Not taking the case seriously: This is the main problem for your life because it will affect your rest of your life and keeps track of it until you are dead so make sure that you look of the matter seriously.
Anyone in Texas who is on community supervision is assigned a “probation officer” typically. The probation officer can be helpful. They can set up needed appointments, answer questions you have, and refer you to classes you must complete.
It is also the probation officer’s job to:
Of course, every job area has bad apples, and probation is no exception. Probation officers are often underpaid and overworked, and as a result can be negligent or take a “don’t care” attitude towards probationers. Or, occasionally, the probation officer is overzealous, holier-than-thou, and does everything in their power to see the probationer fail.
When you are accused of violating the terms of your community supervision, you have the right to challenge the accusation. As an experienced probation attorney, Neal Davis, a criminal defense attorney in Houston Texas, can handle any motion to revoke or adjudicate, assist you throughout the entire process, and put forward the best defense that he can. Rest assured that he will do whatever he can to get the best result he can.
Texas has six potential charges for homicide:
The terms ‘voluntary’ or ‘involuntary’ manslaughter are no longer used in Texas (‘sudden crime of passion’ used to be classified as voluntary manslaughter, but is now an affirmative defense to murder). Confusion arises because Texas has the categories capital murder (death penalty or life imprisonment with no parole) which is called a capital felony, murder which is a first-degree felony (or second-degree felony for a sudden crime of passion), manslaughter which is a second-degree felony, and criminally negligent homicide which is a state-jail felony.
Further, we don’t have “second-degree-felony murder” in Texas. We could have “second-degree-felony homicide” which would now be straight manslaughter (or could be ‘sudden passion’ murder, as well as intoxication manslaughter.)
19.01. TYPES OF CRIMINAL HOMICIDE.
a) A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.
b) Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide.
b) A person commits an offense if he:
c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.
19.03. CAPITAL MURDER.
a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:
A) who is employed in the operation of the penal institution; or
A) while incarcerated for an offense under this section or Section 19.02, murders another; or
A) during the same criminal transaction; or
b) An offense under this section is a capital felony.
c) If the jury or, when authorized by law, the judge does not find beyond a reasonable doubt that the defendant is guilty of an offense under this section, he may be convicted of murder or of any other lesser included offense.
a) A person commits an offense if he recklessly causes the death of an individual.
b) An offense under this section is a felony of the second degree.
19.05. CRIMINALLY NEGLIGENT HOMICIDE.
a) A person commits an offense if he causes the death of an individual by criminal negligence.
b) An offense under this section is a state jail felony
49.08. INTOXICATION MANSLAUGHTER.
a) A person commits an offense if the person:
b) Except as provided by Section 49.09, an offense under this section is a felony of the second degree.
TexasGovernment Code (emphasis added)
557.012. CAPITAL SABOTAGE.
a) A person commits an offense if the person commits an offense under Section 557.011(a) and the sabotage or attempted sabotage causes the death of an individual.
(b) An offense under this section is punishable by:
A) life; or
c) constitutes an offense under other law, the actor may be prosecuted under both sections.