Law Offices Of Richard C. McConathy

Sexual Offenses

Weatherford Sexual Offenses Attorney

Sex crimes have an immediate impact on the life of an alleged offender, as many people tend to immediately draw conclusions about a person based purely on an allegation. For this reason, many people accused of sexual offenses often feel as though they are entering court attempting to prove their innocence when that is in fact something that should be presumed.

It is important for anybody accused of committing a sex crime to understand that a prosecutor will still be required to prove a person’s guilt beyond a reasonable doubt, and there can often be many different defenses that could be used to help create reasonable doubt in the mind of a juror. In virtually every sexual offense case, the most important aspect will be seeking help as soon as possible.

Were you arrested or do you think that you might be under investigation for a sex crime in Parker County? Do not say a thing to police or anybody else until you have gotten yourself a criminal defense lawyer.

Make sure that you contact The Law Offices of Richard C. McConathy right away to discuss your own possible defense options. Our firm will be able to sit down with you and go over every aspect of your case when you call (817) 458-3226 or contact our firm online to set up a free consultation.

Parker County Solicitation and Prostitution Crimes

If you have been accused of soliciting sex, hiring a prostitute, acting as a pimp or engaging in prostitution, you can be charged with prostitution under Texas Penal Code § 43.02. An individual can be charged with this offense if they:

Knowingly engage in sexual conduct for a fee,
Offer to engage in sexual conduct for a fee,
Agree to engage in sexual conduct for a fee, or
Solicit another person in a public place to engage in sexual conduct for hire.

A first offense is punishable as a Class B misdemeanor, which is punishable by up to 180 days in jail and/or a fine not more than $2,000.

This offense is punishable as a Class A misdemeanor if the alleged offender has previously been convicted one or two times. A Class A misdemeanor prostitution offense is punishable by up to one year jail and/or a fine up to $4,000

A fourth or subsequent prostitution offense is punishable as a state jail felony, which can result in a jail sentence from 180 days to two years and/or a fine up to $10,000.

Sexual Assault Offenses in Weatherford

Sexual assault allegations are very serious, and can lead to life prison sentence if the alleged offender is convicted of the offense. Sexual assault offenses are commonly known as rape or statutory rape.

An individual can be charged with sexual assault under section 22.011 of the Texas Penal Code if they intentionally or knowingly penetrate, or cause to be penetrated, the mouth, sexual organs or anus without that person’s consent, by any means.

A conviction for this offense can generally result in a felony of the second, which is punishable by two to 20 years in prison and/or a fine up to $10,000. The offense can be increased to a felony of the first degree if the alleged offender was prohibited from marrying the individual they committed the assault against, which is punishable by a fine not more than $10,000 and/or five to 99 years or life imprisonment.

Sexual Offenses2

An individual can be charged with aggravated sexual assault, according to Texas Penal Code § 22.021, if they commit the offense of sexual assault and:

Cause serious bodily injury or attempt to cause the death of the victim;
Cause the victim to be fearful their life is in danger, they will receive serious bodily injury or will be kidnapped;
Use a deadly weapon during the commission of the offense;
Threaten to cause death, serious bodily injury or kidnapping;
Use roofies, rohypnol, the Date Rape drug, ketamine, or GHB GHB or during the commission of the offense;
The victim is 14 years old or younger; or
The victim is elderly or disabled.

This offense is punishable as a felony of the first degree, which is punishable by a fine up to $10,000 and/or five to 99 years in prison or life imprisonment.

Public Nudity Offenses in Parker County

Many times, public nudity offenses throughout Texas are innocent pranks or seemingly harmless acts; however, these offenses can also lead to serious repercussions and possible requirements to register as a sex offender.

An individual can be charged with indecent exposure (Texas Penal Code § 21.08) if they expose any part of their genitals with the intent to arouse or gratify the sexual desire of any person, in a reckless manner, or without regard if any other person who is present might be offended by the act. This offense is punishable as a Class B misdemeanor, which can result in up to 180 days in jail and/or a fine up to $2,000.

An individual can be charged with public lewdness, as defined in Tex. Penal Code § 21.07, if they knowingly and while in a public place:

Engage in sexual intercourse,
Engage in deviate sexual intercourse,
Engage in an act of sexual conduct, or
Engage in a sexual act with an animal.

An individual can also be charged with public lewdness if they recklessly engage in any of the preceding acts in a private place without regard for who is present and might be alarmed or offended by the act. This offense is punishable as a Class A misdemeanor, which can result in up to one year jail and/or a fine up to $4,000.

Weatherford Child Sex Offenses

According to Texas Penal Code § 21.11, an individual can be charged with indecency with a child if they engage in sexual contact with a child, expose their genitals with a child present, or expose a child’s genitals with the intent to arouse or gratify the sexual desire of any person.

This offense is punishable as a felony of the second degree, which can result in two to 20 years in prison and/or a fine not more than $10,000, if the alleged offender engaged in sexual contact with a child. Otherwise, this offense is punishable as a felony of the third degree, which can result in two to ten years in prison and/or a fine not more than $10,000.

As defined in Texas Penal Code § 43.26, an individual can be charged with possession of child porn or child pornography if they knowingly or intentionally possess material that visually depicts a child under the age of 18 engaging in sexual conduct, and the alleged offender knows the material depicts a child that is under the age of 18.

This offense is generally punishable as a felony of the third degree, which can result in a prison sentence from two to ten years and/or a fine up to $10,000. However, this offense is punishable as a felony of the second degree if the alleged offender promoted the child pornography, which can result in a prison sentence ranging from two to 20 and/or a fine not more than $10,000.

Sex Offender Registration in Texas

The Texas Sex Offender Registration Program is established under Chapter 62 of the Texas Code of Criminal Procedure. Under these state laws, any person with a reportable conviction or adjudication relating to a sexually based offense is required to register as a sex offender.

The amount of time for which a person must register as a sex offender depends on the specific crime for which he or she was convicted and his or her assigned risk level. Numeric risk levels are assigned to sex offenders based on the potential risk they pose to the community upon being released from a penal institution, placed on community supervision, or juvenile probation.

The three different risk levels in Texas are:

Level One (Low) — Poses a low danger to the community and will not likely engage in criminal sexual conduct;
Level Two (Moderate) — Poses a moderate danger to the community and may continue to engage in criminal sexual conduct; and
Level Three (High) — Poses a serious danger to the community and will continue to engage in criminal sexual conduct.

Adult sex offenders register either for life or 10 years following discharge from state supervision. Lifetime registration is required for a “sexually violent offense,” which includes the following offenses committed by a person 17 years of age or older:

Continuous sexual abuse of young child or children;
Indecency with a child by contact;
Sexual assault;
Aggravated sexual assault;
Sexual performance by a child;
Aggravated kidnapping (if committed with the intent to violate or abuse the victim sexually);
Burglary (if the premises burglarized was a habitation and the offense was committed with the intent to commit continuous sexual abuse of young child or children, bestiality, indecency with a child, sexual assault, aggravated sexual assault, prohibited sexual conduct, or aggravated kidnapping committed with the intent to violate or abuse the victim sexually); and
An offense under the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice if the offense contains elements that are substantially similar to the elements of one of the above Texas offenses.

Convictions for any of the following offenses can also result in lifetime sex offender registration:

Trafficking of persons;
Prohibited sexual conduct;
Compelling prostitution of a minor;
Possession or promotion of child pornography;
Continuous trafficking of persons;
Indecency with a child by exposure (if before or after being convicted or adjudicated for this offense, the person receives or has received another reportable conviction or adjudication, other than an adjudication of delinquent conduct, for an offense or conduct that requires registration);
Unlawful restraint, Kidnapping, or Aggravated kidnapping if the judgment of the papers in the case contains an affirmative finding that the victim or intended victim was younger than 17 years of age and, if before or after the person is convicted or adjudicated for one of these offenses, the person receives or has received another reportable conviction or adjudication, other than an adjudication of delinquent conduct, for an offense or conduct that requires registration; and
Obscenity (if the punishment is increased due to the obscene material visually depicts a “child” engaging in sexually explicit activities).

Weatherford Sexual Offenses Resources

Crime Victims | Office of the Attorney General — Visit this section of the Texas Attorney General’s website to learn more about services offered by the Crime Victim Services Division’s Sexual Assault Prevention and Crisis Services (SAPCS) program. You can find information about Local Services for Survivors, Sexual Assault Training Program (SATP) Certification, and Sexual Assault Nurse Examiners (SANEs). You can also find answers to frequently asked questions (FAQs) about the SANE program.

TxDPS Crime Records Service – Texas.gov — Use this link to perform a sex offender registry search. You need a location, registrant name, and institute of higher education. You can also find a link to the national sex offender public website.

Contact a Sexual Offenses Lawyer in Parker County Today

If you were arrested or believe that you could be under investigation for a sex crime in the Weatherford area, you cannot afford to wait. Take immediate action today to help save your future.

The Law Offices of Richard C. McConathy understands the tremendous stress and uncertainty that can accompany sexual offense charges, but we will be able to be with you the entire time and help you get through everything. You can have us take a closer look at your case and discuss every option available to you when you call (817) 458-3226 or contact us online to receive a free consultation.

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Case Results

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DWI Blood Test Case + Prescription Meds
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DWI Breath Test Case, Result Of .224
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DWI Breath Test Refusal
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DWI, Open Container
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