Worried about sexual assault charges?
Houston Sexual Assault Attorney Nathaniel Pitoniak Understands Your Situation.
Sexual assault charges in Texas are very serious
Sexual assault charges can result in extremely harsh penalties in case of conviction or deferred adjudication, and you should choose a sexual assault defense lawyer very carefully.
Sexual assault is described under Texas Penal Code Chapter 22, Section 22.011, and commonly referred to as rape.
Penalties for a Sexual Assault Conviction
A person convicted of or placed on deferred adjudication for sexual assault in Texas may be required to register as a sex offender with local law enforcement for the rest of his or her life. This can make compliance extremely difficult, and carries with it the stigma of your name, address and other information being publicly available. It can also make it extremely difficult to find employment or a place to live.
As a 2nd degree felony, a sexual assault conviction in the state of Texas carries potential penalties of up to $10,000 in fines, and up to 20 years of incarceration in state prison.
Houston criminal defense attorney Nathaniel Pitoniak secured a not guilty verdict for a client who was facing 25 years to life in prison for a sexual offense. *
Dealing With Prosecutors
Sexual assault is a very serious crime which is and should be treated seriously by society, but in some cases a mere allegation, especially in the presence of emotional testimony from an alleged victim, can set in motion a process which is designed to protect victims and can lead to criminal charges.
We rely on our police forces to protect the lives, rights and property of everyone in our communities, but the police are not perfect, and despite their best intentions, police do not always thoroughly investigate sexual assault allegations or question the credibility of an alleged victim.
As soon as a skilled defense attorney such as Nathaniel Pitoniak gets involved with your case, he will immediately examine all aspects of the sexual assault allegation.
This will include a frank assessment of the credibility of an alleged victim’s testimony, in order to uncover evidence of potential ulterior motives based on profit, child custody or family disputes, or emotional issues.
In certain cases, such evidence can be presented to prosecutors before a trial begins. The prosecutors may be unaware of such evidence, or may not have had the opportunity to see some of the evidence presented in a particular way.
In some cases, such a presentation will be enough to cause the prosecution to dismiss the charges altogether before the case ever goes to trial. This is typically the best possible outcome in a client’s case.
As a former Felony Prosecutor & Chief Prosecutor at the Harris County District Attorney’s Office, Nathaniel Pitoniak has a unique understanding of what motivates prosecutors.
In cases where the prosecutors are unwilling to dismiss charges, there may be considerable room for a frank and beneficial negotiation before trial. Mr. Pitoniak has successfully negotiated such pre-trial deals on behalf of clients to reduce charges or avoid a guilty plea.
There are, on the other hand, situations where no deal can be made that is acceptable to both sides, and the sexual assault case will then go to trial.
In this situation, it is absolutely imperative that you have secured the representation of an aggressive and highly skilled defense lawyer who understands your particular situation, and knows how to demonstrate reasonable doubt in a courtroom in the face of very serious felony accusations.
Sexual Assault Defense Strategies
Allegations of sexual assault can arise from confusion on the part of the alleged victim as well as from false testimony.
Mr. Pitoniak may question the credibility and motives of the alleged victim, to discover and demonstrate potential ulterior motives and establish reasonable doubt about sexual assault allegations.
Such motives can include revenge, blackmail, or feelings of rejection on the part of a mentally unstable accuser.
False sexual assault allegations are also sometimes motivated by family conflicts such as between step-parent and child, or in child custody disputes.
In some cases, unfortunately especially with child sexual assault allegations, such allegations may be coerced by an estranged family member or another adult.
If you are able to provide a strong alibi or other evidence that strongly suggests that you were not with the victim at the time of the alleged assault or otherwise did not commit the alleged acts, Mr. Pitoniak may use that information to argue that you could not have committed the sexual assault in question.
In cases not involving children, the question of whether the alleged victim consented to sexual contact may be a critical issue. The prosecution has the burden of proof to demonstrate beyond a reasonable doubt that the sexual contact was not consensual.
Mr. Pitoniak may argue that the victim gave you consent for the alleged sexual contact, that there is evidence to support this, and / or that there is insufficient evidence to demonstrate otherwise.
In the event that you spoke with police officers, the issue of whether your constitutional and statutory rights may have been violated may impact whether or not anything you may have said to the officers may be suppressed by the judge or admitted into evidence in trial.
As aggressive and relentless as the police officers and prosecutors assigned to your case may seem to be, Mr. Pitoniak will be equally aggressive and even more relentless in investigating and discovering any potential violations of your rights, and in protecting your rights to the fullest possible extent of the law.
Why Do You Need a Defense Lawyer?
Simply put, sexual assault charges can have devastating consequences. If you are facing such charges, your freedom is at stake, and you need a skilled attorney who understands your situation, right away.
If you are in Harris County or surrounding counties such as Fort Bend, Montgomery, or Galveston County and you have been charged with sexual assault, you will need an experienced and successful criminal defense lawyer like Nathaniel Pitoniak to provide you with legal advice and representation.
As a former Harris County Chief Prosecutor in his tenth year of practice, Mr. Pitoniak has unique skills that will enable him to create a strategy tailored to your situation.
Mr. Pitoniak believes strongly in the American criminal justice system, and that everyone who is charged with a crime deserves a vigorous defense.
For this reason, Mr. Pitoniak believes in putting all his skill, his experience, his heart and his energy into providing the strongest possible defense to each one of his clients.
Call Nathaniel Pitoniak at the Pitoniak Law Firm at (832) 730-2697 for a free consultation today.
*Past results are not a guarantee of future results. Every case is different.