Indecency With a Child by Contact Attorney in Houston
Under Texas law, indecency with a child by contact refers to specific types of sexual molestation of a child who is under the age of 17. Such crimes are considered a felony offense of the second degree, punishable with severe prison time in the state of Texas. Being convicted of indecency with a child by contact can have serious consequences on a person’s life, making it important to seek legal assistance from a Houston attorney who can properly uphold your rights.
As a leading law firm in Houston, Texas, the Law Office of Nathaniel Pitoniak defends those accused of indecency with a child by contact. Navigating these charges alone or with an inexperienced attorney can result in much more severe legal penalties. These penalties can be prevented by seeking knowledgeable legal counsel that better understands the charges you are facing. Your initial consultation with the Law Office of Nathanial Pitoniak is free. Consider contacting us at (823) 315-6283 today to learn more about how we can help your case.
What is Considered “Indecency with A Child by Contact” in Texas?
According to Section 21.11 of the Texas Penal Code, sexual contact with a child is considered indecent and unlawful. Indecency with a child by contact occurs when a person does either of the following:
- Engages in contact with the breast, anus, or any part of the genitals a child; or
- Causes a child to engage in sexual contact with the breast, anus, or any part of the genitals of the person
Such contact is illegal regardless of whether or not the touching was done over or under the clothing of the child. Moreover, an important facet of this crime is the intent of sexual gratification. This means that a person is guilty of indecency with a child by contact when they have provoked sexual contact with the goal of gratifying themselves sexually.
Sexual contact with a child is a felony offense in Texas, making it imperative to seek legal assistance if you have been accused of this crime. An experienced attorney can represent you in the legal system and ensure your fair treatment under the law.
What is the Penalty for Indecency with a Child in Texas?
Indecency with a child by contact is a second-degree felony in the state of Texas. Section 12.33 of the Texas Penal Code outlines the punishments for a second-degree felony in the state. According to Texas law, a second-degree felony is punishable by:
- Imprisonment in the Texas Department of Criminal Justice of up to 20 years; and
- Fines of up to $10,000.
In addition to imprisonment and financial penalties, this crime can have a substantial impact on a person’s reputation and future. Being charged with indecency with a child by contact can affect where a person lives and works, as well as how they are viewed within their community. Thankfully, there are defenses available to minimize the consequences of this crime.
Defenses to Indecency with a Child by Contact
Similar to any other criminal charge, there are a variety of defenses that may be utilized to secure a dismissal or a not guilty verdict. Some examples of defense strategies that have proven successful in such cases include:
- Lack of sexual intent: To charge a person with this crime, the law requires that intent be proven. If the act was done without the intent to gratify or arouse sexual desire, this may be a viable defense against the charges.
- Age and sex of the defendant: If the accused individual who not more than three years older than the defendant and of the opposite sex, this may be a valid defense to prosecution.
- Use of force: If it can be proven that the accused person did not use duress, force, or threat against the victim at the time of the offense, they may be able to pursue lighter penalties.
- Prior convictions: If the accused individual has not been found guilty of prior sexual offense, or if they are not a registered sex offender in Texas, this can aid in their defense.
- Misidentification of Witnesses: One of the most common reasons for wrongful conviction is the misidentification of the defendant by a witness. Eyewitness testimonies can be easily challenged in the legal system, making this an attractive defense strategy for some cases.
Depending on the unique circumstances of the case, it may be possible to secure lighter penalties or an outright dismissal of the case through a variety of legal defenses. It is essential to seek legal assistance from an experienced indecency with a child by contact as soon as possible, however.
As is true of any accusation of criminal activity, you are innocent until proven guilty beyond a reasonable doubt. The knowledgeable attorneys at the Law Office of Nathaniel Pitoniak have spent years defending those accused of sex crimes in Texas and understand how to most effective defend against these charges in the state.
Overcoming Indecency with a Child by Contact Charges with the Law Office of Nathaniel Pitoniak
At the Law Office of Nathaniel Pitoniak, we believe in the power of legal strategy and comprehensive defense when it comes to indecency with a child by contact cases. Being accused of a sex crime involving a child can be one of the most frightening and stressful experiences of a person’s life. It can leave one feeling helpless and unsure of proceed. For this reason, seeking legal guidance from an experienced indecency with a child by contact attorney can be incredibly valuable.
As a skilled attorney with years of experience in criminal defense in Houston, Mr. Pitoniak has established a reputation of success in Texas and can help you navigate sex crime charges in the state. We will review your case and work with you to fully understand your options. In turn, we can help create a defense strategy that most effectively protects you against the consequences associated with these crimes. For more information or to speak with an experienced attorney today, do not hesitate to contact the Law Office of Nathanial Pitoniak at (823) 315-6283.
