Facing sex crime allegations in Texas can devastate your reputation, career, and freedom before you even step into a courtroom.
The social stigma alone often causes irreparable damage to relationships and professional standing, while the legal consequences can include decades in prison and lifetime registration requirements.
At the Law Offices of Richard C. McConathy, we understand the gravity of these charges and the complex legal landscape surrounding Texas sex crime cases.
With over 35+ years of combined experience defending clients across Dallas County, Denton and surrounding areas, our criminal defense team has successfully handled thousands of cases, including sensitive sex crime allegations.
📞 Call (972) 528-0478 for immediate, confidential consultation
What Constitutes Sex Crimes in Texas?
Felony Sex Crimes
| Offense | Texas Penal Code | Potential Penalty | Registration Required |
|---|---|---|---|
| Sexual Assault | §22.011 | 2-20 years prison (2nd degree felony) | Yes |
| Aggravated Sexual Assault | §22.021 | 5-99 years or life (1st degree felony) | Yes |
| Indecency with a Child | §21.11 | 2-20 years prison (2nd degree felony) | Yes |
| Online Solicitation of a Minor | §33.021 | 2-10 years (3rd degree) or 2-20 years (2nd degree) | Yes |
| Possession of Child Pornography | §43.26 | 2-10 years (3rd degree felony, basic offense) | Yes |
Misdemeanor Sex Crimes
Indecent Exposure (§21.08) – Class B misdemeanor punishable by up to 180 days in jail and $2,000 fine. Enhanced to Class A misdemeanor with one prior conviction, or state jail felony with two or more prior convictions.
Public Lewdness (§21.07) – Class A misdemeanor with penalties up to one year in jail and $4,000 fine.
Enhanced Penalties and Consequences
Beyond incarceration, sex crime convictions in Texas carry collateral consequences that affect every aspect of life:
📍 Sex Offender Registration – Required registration with local law enforcement, often for life. The Texas Department of Public Safety maintains a public database accessible to employers, landlords, and community members.
Employment Restrictions – Many professions become permanently inaccessible, including education, healthcare, and positions requiring professional licenses.
Housing Limitations – Registered offenders face restrictions on where they can live, often prohibited from residing within certain distances of schools, parks, or daycare centers.
Travel Restrictions – International travel becomes extremely difficult, with many countries refusing entry to registered sex offenders.
How We Defend Sex Crime Cases
Thorough Case Investigation – Our defense strategy begins with comprehensive fact-gathering that often reveals crucial details overlooked by law enforcement:
Digital Evidence Analysis – We work with forensic experts to examine electronic devices, questioning the chain of custody and authenticity of digital evidence.
Witness Interview Process – Our team conducts independent interviews with potential witnesses, often uncovering inconsistencies in the prosecution’s narrative.
Medical Evidence Review – When applicable, we engage medical professionals to challenge the interpretation of physical evidence.
Constitutional Violations and Suppression Motions
Many sex crime cases involve violations of Fourth Amendment rights during searches and seizures:
- Unlawful searches of electronic devices without proper warrants
- Coercive interrogation tactics that violate Miranda rights
- Improper identification procedures that may have tainted witness testimony
Hypothetical Scenario: If a client’s computer was searched without a warrant during a domestic dispute call and evidence of alleged child pornography was discovered through this unlawful search, a motion to suppress all evidence obtained as “fruit of the poisonous tree” could be filed.
Actual Case Result: Our firm successfully secured the dismissal of an Aggravated Assault with Deadly Weapon charge (Dallas County, F1300346).
Challenging Scientific Evidence
DNA Analysis Challenges – We scrutinize laboratory procedures, chain of custody, and statistical interpretations of DNA evidence.
Computer Forensics – Digital evidence can be manipulated, corrupted, or misattributed. We work with certified computer forensic experts to challenge the prosecution’s technical claims.
Defending Specific Types of Sex Crime Cases
Sexual Assault Defense
Sexual assault cases often involve complex “he said, she said” scenarios where credibility becomes paramount. We focus on:
Consent Issues – Examining the totality of circumstances surrounding the alleged incident, including text messages, social media communications, and witness testimony about the relationship between parties.
False Allegation Defense – Unfortunately, false accusations occur for various reasons including custody disputes, revenge, or mental health issues. We investigate the accuser’s background and motivations thoroughly.
Case Example: We obtained an Indecent Exposure charge reduction from a felony to a Class C misdemeanor disorderly conduct (Dallas County, M1234924), demonstrating our ability to significantly minimize penalties even in challenging cases.
Child-Related Offenses
Cases involving minors require especially careful handling due to the emotional nature and severe penalties involved:
Age Verification Challenges – We examine whether our client reasonably believed they were communicating with an adult.
Entrapment Defenses – Law enforcement sting operations sometimes cross the line into entrapment, where officers induce criminal behavior that wouldn’t have occurred otherwise.
Online Solicitation of a Minor Defense
Online solicitation cases under Texas Penal Code §33.021 involve two distinct offenses with different penalties:
Section (b) Offenses – Communicating in a sexually explicit manner with a minor or distributing sexually explicit materials. This is typically a third-degree felony (2-10 years), but escalates to a second-degree felony (2-20 years) if the minor is under 14 or if the defendant believed the minor was under 14.
Section (c) Offenses – Soliciting a minor to meet for sexual contact. This is always a second-degree felony (2-20 years) regardless of the minor’s age.
School Enhancement – Under §33.021(f-1), penalties increase by one degree if the offense occurred during school hours and the defendant knew or should have known the minor was enrolled in school.
Internet-Based Sex Crimes
IP Address Attribution – Prosecutors often assume that an IP address definitively identifies the person responsible for illegal activity, but we regularly challenge this assumption.
Virus and Malware Defenses – Malicious software can download illegal content without the computer owner’s knowledge or consent.
Texas Sex Offender Registration Requirements
Registration Requirements by Risk Level
| Risk Level | Reporting Frequency | Registration Period | Public Information Available |
|---|---|---|---|
| Level 1 | Annually | 10 years (most offenses) | Basic information only |
| Level 2 | Annually | 10 years or lifetime | Moderate disclosure |
| Level 3 | Every 90 days | Lifetime | Full public disclosure |
Petition for Removal from Registry
Texas law allows certain offenders to petition for removal from the sex offender registry after completing their sentence and meeting specific criteria. We assist clients in:
- Determining eligibility for deregistration petitions
- Preparing comprehensive applications that demonstrate rehabilitation
- Representing clients in deregistration hearings
Federal vs. State Charges
Federal Jurisdiction Triggers
Interstate Commerce – Cases involving transportation across state lines or use of the internet often fall under federal jurisdiction.
Federal Property – Offenses occurring on military bases, federal buildings, or national parks trigger federal charges.
Child Pornography – The federal government aggressively prosecutes child pornography cases, often resulting in longer sentences than state charges.
The Importance of Immediate Legal Representation
🚨 Critical Timing Factors
Sex crime investigations often begin long before formal charges are filed. Early intervention can make the difference between charges being filed or dismissed:
Pre-Charge Intervention – We can communicate with investigators and prosecutors before charges are filed, potentially preventing formal accusations altogether.
Evidence Preservation – Important evidence favorable to your defense may be lost or destroyed if not preserved immediately.
Witness Memory – Witness recollections fade over time, making early interviews crucial for developing your defense.
What NOT to Do When Investigated
❌ Never speak to police without an attorney present, even if you believe you’re innocent
❌ Don’t delete anything from electronic devices – this can be seen as obstruction
❌ Avoid discussing the case with anyone except your attorney due to attorney-client privilege
Our Track Record in Sex Crime Cases
The Law Offices of Richard C. McConathy has achieved significant victories in sex crime defense, including:
- Sexual Offenses – Multiple cases dismissed through strategic defense work
- Indecent Exposure – Successful reduction to Class C misdemeanor disorderly conduct (Dallas County, M1234924)
- Assault by Contact Family Violence – Dismissed (Dallas County, C21363176 01)
Our Comprehensive Defense Approach
Immediate Response Team – Available 24/7 to respond to arrests and police interviews Expert Witness Network – Access to forensic psychologists, computer experts, and medical professionals Investigative Resources – Private investigators experienced in sensitive criminal matters
Protecting Your Future and Reputation
Reputation Management
Media Strategy – Coordinating with public relations professionals when cases attract media attention Professional Licensing – Working with licensing boards to protect professional credentials Employment Issues – Advising employers and clients about ongoing legal matters
Family Law Implications
Child Custody – Criminal charges can immediately affect custody arrangements Protective Orders – Understanding how criminal cases interact with family violence protective orders Divorce Proceedings – Coordinating criminal defense with family law matters
Why Choose McConathy Law for Sex Crime Defense?
🏆 Proven Experience
35+ Years of combined criminal defense experience in Texas courts 1000+ criminal cases handled with over 300 dismissals or not guilty verdicts Board Certified Criminal Law Specialist (Richard C. McConathy)
Local Court Knowledge
We practice extensively in Dallas County and surrounding areas, providing intimate knowledge of:
- Local prosecutors and their strategies
- Judge preferences and sentencing patterns
- Court procedures specific to each jurisdiction
🏛️ Serving 16 Counties in North Texas
Frequently Asked Questions
Q: Will I have to register as a sex offender if convicted? A: Registration requirements depend on the specific offense and conviction details. Many sex crimes carry mandatory registration requirements, but some plea agreements can avoid registration in certain circumstances.
Q: Can sex crime charges be expunged from my record? A: Texas has limited expunction options for sex crimes. However, some cases dismissed or resulting in acquittals may be eligible for expunction or nondisclosure orders.
Q: How long do sex crime investigations typically last? A: Investigations can span months or even years, particularly in cases involving digital evidence or multiple alleged victims. Early legal representation can help monitor the investigation’s progress.
Contact McConathy Law Today
Sex crime allegations require immediate, experienced legal representation. The sooner we begin working on your case, the better we can protect your rights and future.
📞 Call (972) 528-0478 for your confidential consultation
🕐 Available 24/7 for arrests and emergencies
📍 Serving Dallas County and surrounding areas with aggressive criminal defense
Don’t let sex crime allegations destroy your future. Contact the Law Offices of Richard C. McConathy today to begin building your defense with attorneys who understand both the legal complexities and human impact of these serious charges.