Sexual Assault Defense Attorney In Houston

If you have been accused of sexual assault, do not wait for the police or CPS to contact you. Call an attorney immediately. Every second counts. There are many innocent people in jail who have been falsely accused. My name is Penny Wymyczak-White, and I have been defending clients against criminal charges in Texas for more than 40 years.

How I Defend Sexual Assault Cases

I have been very successful in obtaining no bills from the grand jury. If you pass a polygraph test, I can present the results to the grand jury. I can also hire a private investigator to seek the truth and look for anything that may help your defense. If the case is no-billed, I can expunge your record.

I have helped falsely accused clients get their cases dismissed or no-billed. The earlier you hire an attorney, the better off you will be.

Defending Clients Accused Of Child Sexual Assault

A child sexual assault charge is one of the most serious criminal charges you can face. However, being accused does not automatically make a person guilty. There are many innocent people in jail who have been falsely accused of crimes they did not commit. I have seen false allegations countless times over the years, and they are particularly common in child custody and divorce disputes. That is why it is critical to work with a criminal defense attorney immediately.

Beyond investigating the facts, I also examine whether the law itself provides a defense. Under Texas law, there is an affirmative defense to sexual assault charges when the defendant is no more than three years older than the victim and the victim is at least 14 years old. If this applies to your situation, there may be a defense to the charges and you may be able to get the case dismissed.

What A Sexual Assault Accusation Can Cost You

An allegation of a sex offense can be devastating and can ruin your life. Prison is worse. Being required to register as a sex offender will haunt you. Your name will be on the internet, and some daycares will post your flyer. You may never be able to get on the internet again. You may need permission just to travel to the next county.

Aggravated sexual assault is generally a first-degree felony, carrying:

• 5 to 99 years in the Texas Department of Criminal Justice (TDCJ)
• A fine of up to $10,000
• Or both confinement and a fine

Sexual assault offenses are classified as “3g offenses.” They are especially dangerous because a judge cannot grant probation if you are found guilty. Only a jury has the right to sentence you to probation, and only if you are eligible.

For aggravated sexual abuse of a child under six years of age, or when violent aggravated sexual abuse involving fear of serious bodily injury, death, kidnapping or a deadly weapon occurs with a child under 14 years of age, there is a mandatory minimum of 25 years in prison.

Bond Conditions In Cases Involving Children

As a condition of bond in cases involving children, a district judge can restrict your access to children. In my experience, that means no contact whatsoever, verbal or otherwise. You may have to move and may not even be able to see your own children. The judge may also order you not to get on the internet while on bond.

Automatic Life Sentence For Repeat Offenders

A person on trial for sexual assault, aggravated sexual assault, or indecency with a child by contact faces an automatic life sentence with a minimum of 35 years if they have a prior conviction for a felony sex offense.

Sex Offender Registration In Texas

Under the Texas Code of Criminal Procedure, anyone convicted of a sexual offense is required to register with local law enforcement as part of the Sex Offender Registration Program. Unless your case is dismissed or you are acquitted, registration is mandatory.

How Long Do You Have To Register?

The duration of the registration requirement depends entirely upon the crime. Depending on the offense, registration is required for 10 years or for life. Once a person is convicted, a judge has absolutely no discretion. The judge cannot decide that the registration period should be limited or that registration is inappropriate under the circumstances. The required registration period is mandated by statute.

Registration Requirements

Complying with the registration requirements is not optional. Failure to do so is a felony in Texas. Here is what you are required to do:

• Every time you move residences, you must re-register seven days before your move and within seven days after
• If you go somewhere for two days, three times a month, you must report to the authorities in that city or county as well

Each violation carries a punishment range of 180 days to 20 years in prison.

The Consequences Of Registration

Registration affects nearly every aspect of your life. Among the consequences you will face:

• Police will automatically be provided your sex offender status when they run a check on your driver’s license or license plate number
• Local governments are authorized to broadcast information about registered sex offenders on local cable television
• Your name will be on the internet as a registered sex offender
• Many employers will not hire sex offenders

If you are found guilty and placed on probation, you may also be required to take a polygraph test every year. If you fail, you may go to jail.

Talk To Me About Your Case

If you have been accused of sexual assault in Houston or the surrounding area, call my office at 713-568-4302 or send me an email.