Sexual Assault
Crimes Against A Legal Adult
The State of Texas threatens harsh punishments for sexual crimes against both adults and minors. If you are facing charges of sexual assault, you need an experienced attorney on your side. Since 2008, our firm has been fighting for the rights of local residents in sexual assault cases, and many others. When you choose the Law Office of Harmony M. Schuerman, you will receive the personal and customized representation that your case requires. Sexual crimes against an adult (person over the age of 17, according to Texas law) are most often charged as second-degree felonies, with penalties of up to 20 years in prison and/or a fine of up to $10,000.
First-Degree Felony Factors
It is important to know that there are a number of factors that can elevate a sexual assault crime against an adult to a first-degree felony charge. Factors that increase charges can include any of the following, as well as others:
- The alleged victim sustained serious bodily injury
- The alleged victim was kidnapped
- The alleged victim was in fear of imminent death, or serious bodily injury
- There was a deadly weapon used during the alleged commission of the crime
Each of these circumstances is, most often, arguable in a court of law. Our firm has helped to reduce charges and penalties based on circumstantial evidence many times in the past. When you choose us, you are placing your case in the hands of capable attorney who will go the extra mile to see that you receive the defense that you need.
Sexual Assault Of A Child & Child Pornography
According to Texas law, a child is any person under the age of 17, and any sexual activity with a minor could be charged as sexual assault. Even consensual sexual activity with an underage person is considered statutory rape, and is charged as “sexual assault of a child.” Most often, these offenses will be charged as a second-degree felony, but there are elements that can increase this charge to a first-degree offense. These factors include the same as those for sexual assault of an adult, as well as the following:
- The victim was younger than 14 years of age at the time of the alleged crime
- The victim was assaulted by more than one individual at the same time
- The victim was assaulted more than once within a certain period of time
Possession of child pornography is another second-degree felony, according to Texas law. You could be arrested and charged with this crime for accidentally viewing sexually explicit content involving a minor. These cases can also be charged federally.For this reason, it is imperative that you retain the services of an attorney who can aggressively defend you in court.
What Counts As Child Pornography
It seems unfair that you should be punished for a crime that you did not intend to commit. For this reason, you should know that any of the following medium involving a person under the age of 17 engaging in sexually explicit activity is considered child pornography:
- Photography
- Film
- Movie
- Digital or animated video
Any computer-generated medium where the subject is intended to appear under-age, and engaging in sexual activity, is also considered child pornography.
Facing charges of any kind of sexual assault, or viewing child pornography, will carry stiff penalties upon conviction. At the Law Office of Harmony M. Schuerman, we are dedicated to your success, we believe you are innocent until proven guilty, and we will fight to see that your rights are upheld. Contact the firm for your free case evaluation and to discuss the nature of your case.