In cases like this, the accusation often becomes the case.
In Dallas, child sexual abuse allegations are treated as serious felonies, with potential penalties ranging from years in prison to life, along with mandatory sex offender registration and permanent damage to your reputation. And once you’re accused, everything changes.
These cases are often built on statements, interpretations, and how investigators frame the situation—not just physical evidence. What matters is whether the state can actually prove it.
At the Law Offices of Richard C. McConathy, we focus on breaking apart the prosecution’s case, challenging the evidence, and protecting your rights at every stage.
If you’re under investigation or have been charged, speak with an experienced Dallas criminal defense lawyer immediately.
Call (972) 528-0116 for a confidential consultation.
What to Do If You Are Accused
The actions you take in the next 48 hours will impact your case outcome:
- Exercise your right to remain silent – Do not explain or defend yourself to police without an attorney present.
- Do not contact the accuser – Any communication can be charged as witness tampering under Texas Penal Code § 36.05.
- Refuse consent to searches – Make police obtain a warrant, giving our team time to intervene.
- Preserve all evidence – Do not delete texts, emails, or social media. Deletion can be charged as evidence tampering.
- Document your whereabouts – Write down where you were on the alleged dates with supporting evidence.
- Contact us immediately – Call (972) 528-0116 to speak with a Dallas sex crime defense lawyer.
⚠️ Critical: Texas law enforcement obtains warrants for electronic devices within 24-72 hours of an accusation.
How We Defend These Cases
Our legal team provides comprehensive defense from investigation through trial:
- Pre-Charge Intervention – We communicate with prosecutors to present evidence before charges are filed.
- Independent Investigation – We retain forensic experts, private investigators, and digital specialists. Cases M1234924 and M13-60248 are examples where charges were reduced or dismissed.
- Evidence Suppression – We challenge illegally obtained evidence under Texas Code of Criminal Procedure Article 38.071.
- Credibility Challenges – We examine false accusations, motives for fabrication, and improper interview techniques.
- Digital Forensics – We retain certified examiners to challenge prosecution experts on IP addresses, device seizures, and chain of custody.
Types of Child Sexual Abuse Charges We Defend
Indecency with a Child
Texas Penal Code § 21.11 creates two offenses:
- Indecency by Contact – Second-degree felony: 2-20 years in prison, up to $10,000 fine.
- Indecency by Exposure – Third-degree felony: 2-10 years in prison.
Lack of intent is a complete defense to exposure charges. In contact cases, we examine whether touching was sexual or innocent.
Sexual Assault of a Child
Texas Penal Code § 22.011 prosecutions depend on victim age:
| Age of Victim | Felony Degree | Prison Range | Registration |
|---|---|---|---|
| Under 14 | First-degree | 5-99 years or life | Lifetime, public |
| 14-16 | Second-degree | 2-20 years | Lifetime, public |
| Under 14 + aggravating factors | Enhanced first-degree | Minimum 25 years to life | Lifetime, public |
Defense Focus: False accusations often arise from custody disputes, teenage retaliation, or family pressure. We investigate motive and examine whether forensic interviews followed proper protocols.
Online Solicitation of a Minor
Texas Penal Code § 33.021 criminalizes electronic communication with a minor with sexual intent. Penalties range from third-degree felony (2-10 years) to second-degree felony (2-20 years).
Common defenses include entrapment, lack of intent, and age misrepresentation. Visit our online solicitation of a minor lawyer page.
Child Pornography
Prosecuted under Texas Penal Code § 43.26 and federal law 18 U.S.C. § 2252:
- Possession: Third-degree felony (2-10 years)
- Distribution: Second-degree felony (2-20 years)
- Federal charges: 5-15 years mandatory minimum
Defense issues include malware, peer-to-peer file sharing, and improper searches. Learn more at our child pornography defense lawyer page.
Statutory Rape
Prosecuted under Texas Penal Code § 22.011 when victim is under 17.
Romeo and Juliet Defense: Available if defendant was within 3 years of victim’s age, victim was 14+, and defendant wasn’t a registered sex offender. See our statutory rape defense lawyer page.
Sex Trafficking of a Minor
Texas Penal Code § 20A.02: First-degree felony with 5-99 years or life. Federal charges under 18 U.S.C. § 1591 carry 10-15 year minimums. Visit our sex trafficking defense page.
Related Child Abuse Charges
Child sexual abuse allegations often involve related charges including aggravated sexual assault, continuous sexual abuse of a child, and child endangerment. Visit our child abuse defense page.
Penalties for Child Sexual Abuse Charges in Texas
Prison Sentences
Mandatory Minimums:
- Aggravated sexual assault of child under 6: minimum 25 years
- Aggravated sexual assault of child under 14 with aggravating factors: minimum 25 years
- Continuous sexual abuse: minimum 25 years
Sex Offender Registration
Under Texas Code of Criminal Procedure Chapter 62, conviction requires:
- Initial registration within 7 days of release
- In-person verification every 90 days for life
- Public disclosure on Texas DPS sex offender database
- Residency restrictions – Cannot live within 1,000 feet of schools, daycares, parks
Civil Commitment Risk: Under Texas Health and Safety Code Chapter 841, sexually violent offenders may face indefinite confinement after prison.
Additional Consequences
- Employment – Cannot work in positions involving children
- Housing – Residency restrictions eliminate most housing options
- Custody – Presumption against appointing convicted offender as managing conservator
- Immigration – Non-citizens face mandatory deportation
Defense Strategies
False Allegations
False accusations arise from custody disputes, teenage retaliation, family pressure, or suggestive interviewing. We investigate motive and analyze forensic interview protocols under Texas Family Code § 261.3031.
Lack of Evidence
Many prosecutions lack physical evidence, DNA, photos, or contemporaneous outcry. We challenge witness credibility and examine inconsistencies between statements.
Violation of Rights
We file motions to suppress evidence obtained through:
- Warrantless searches without consent
- Searches exceeding warrant scope
- Custodial interrogation without Miranda warnings
- Continued questioning after defendant invokes rights
Mistaken Identity
We examine photo lineup procedures under Texas Code of Criminal Procedure Article 38.20 for violations including simultaneous lineups, suggestive instructions, and witness reliability factors.
Digital Evidence Challenges
We retain certified computer forensic examiners to challenge:
- Improper extraction methods
- Chain of custody violations
- Attribution problems (proving who used the device)
- Search history misinterpretation
The Dallas County Legal Process
Arrest and Booking
After arrest, you’re transported to Lew Sterrett Justice Center (111 West Commerce Street, Dallas, TX 75207). Booking takes 2-4 hours.
Bond Amounts in Dallas County (based on recent data):
| Charge | Average Bond | Most Common |
|---|---|---|
| Aggravated Sexual Assault of Child | $163,616 | $100,000 |
| Continuous Sexual Abuse of Child | $170,241 | $100,000 |
| Sexual Assault of Child | $75,000-$125,000 | $75,000 |
| Indecency with Child (Contact) | $50,000-$75,000 | $50,000 |
Bond release typically takes 4-12 hours after posting.
Case Assignment
Once indicted, cases are assigned to one of Dallas County’s eight felony district courts at Frank Crowley Courts Building (133 N. Riverfront Boulevard):
203rd, 204th, 265th, 282nd, 283rd, 291st, 292nd, 363rd District Courts
The Dallas County DA’s Crimes Against Children Division (LB 19, Frank Crowley) prosecutes these cases with 17 attorneys and 12 investigators handling approximately 700 cases annually.
Arraignment
Arraignments occur at Frank Crowley Courts Building within 30 days of arrest (if in custody) or 1-3 weeks (if bonded). The judge reads charges, advises of rights, and you enter a plea. We recommend pleading not guilty in virtually all cases.
Trial
If the case proceeds to trial at Frank Crowley Courts Building, trials typically last 2-5 days and include jury selection, evidence presentation, and closing arguments. The jury must unanimously agree on guilt beyond a reasonable doubt.
About Our Dallas Criminal Defense Firm
The Law Offices of Richard C. McConathy has defended clients in Dallas County since 2002. We’ve handled over 6,000 criminal cases across 16 counties with over 1,000 dismissals.
Our Dallas County Experience: We’ve represented clients in all eight Dallas County felony district courts and the seven Criminal District Courts. We know the prosecutors in the DA’s Crimes Against Children Division, the judges, and local procedures.
Counties We Serve: Dallas County (Irving, Carrollton, Richardson, Garland, Mesquite), Collin County (Plano, McKinney, Frisco), Denton County, Tarrant County (Fort Worth, Arlington), Rockwall, Kaufman, Ellis, and Parker Counties.
Our Defense Philosophy: We prepare every case for trial rather than pushing plea agreements when evidence supports fighting the charges.
Learn more at our Dallas criminal defense lawyer page.
Contact a Dallas Child Sexual Abuse Defense Lawyer Today
Allegations like this don’t leave room for mistakes.
Trying to explain the situation on your own, reaching out to the wrong person, or handling things informally can create problems that are difficult to undo later.
You need to approach this carefully — and with the right defense in place.
At The Law Offices of Richard C. McConathy, we’ve spent decades defending serious criminal charges across Dallas County. We focus on protecting your position from the start and handling these situations with the level of care they require.
📞 Call (972) 528-0116 now to speak directly with our office.
We’ll help you understand what matters right now — and how to move forward without making things worse.
FAQs
What should I do if I am falsely accused?
Remain silent and contact a defense attorney immediately. Do not attempt to explain yourself to police, the accuser, or the accuser’s family. Document your whereabouts on the alleged dates and preserve all electronic evidence. Contact our Dallas office at (972) 528-0116.
Can these charges be dismissed?
Yes. We’ve secured dismissals in multiple Dallas County cases at various stages: before charges are filed, after arrest but before indictment, after indictment, and on the day of trial. Each case depends on its specific facts and evidence.
Will I have to register as a sex offender?
If convicted, yes. Under Texas Code of Criminal Procedure Chapter 62, nearly all child sexual abuse convictions require sex offender registration. The only way to avoid registration is to avoid conviction through dismissal, not guilty verdict, or reduction to a non-registrable offense.
How long do these cases take?
Timeline varies from 6 months to 2+ years depending on case complexity and whether the case goes to trial. Typical timeline: Investigation (2-12 weeks) → Arrest to Indictment (30-90 days) → Indictment to Trial (6-18 months) → Trial (2-5 days).
Should I talk to police?
No. Exercise your Fifth Amendment right to remain silent. Police can lie during interrogations, and anything you say can be used against you. Say only: “I am exercising my right to remain silent. I want to speak to my attorney.” Then contact our Dallas office at (972) 528-0116.