Harris County Sex Crimes Defense Attorneys
Under Investigation? Contact Houston Sexual Assault Defense Attorney James (Jim) Sullivan at (281) 546-6428.
These
cases seem to be more and more common. A 23 year old male name “John”
goes to a friend’s house party and meets an attractive, willing woman
who says she is 18 years of age. They have consensual sex in one of the
bedrooms. Several days later, he learns that she is really 14 years of
age and that her mother found out about it and called the police.
John now faces serious sex offense charges. There are several important legal issues to consider:
- In Texas, for purposes of the Sexual Assault of a Child and Indecency with a Child crimes, a child does not become an adult until age 17. For other sexual-related offenses, including Possession of Child Pornography and Sexual Performance of a Child, the age of an adult is 18 years.
- In Texas, it is not a defense that the accused did not know the child’s real age. So, the alleged victim could have lied about her age to the accused and the accused will still face criminal charges.
- The alleged victim cannot legally consent to sexual relations unless the alleged victim is 14 years of age or older and there is only a 3 year or less difference between the ages of the alleged victim and the accused.
- In Texas, only one eye-witness, the alleged victim, is sufficient for conviction, so long as the jury believes the alleged victim beyond a reasonable doubt.
- In Texas, neither genital trauma nor DNA evidence is required for a conviction.
- In Texas, voluntary intoxication is not a defense. So, if the accused goes to a party, gets drunk and sleeps with an underage girl, he cannot use his intoxication as a defense to the crime of Sexual Assault of a Child.
- In Texas, each separate sexual act can be separately charged within one indictment and, if there is a conviction, each Count can be stacked or served consecutively.
Experienced Houston Sex Crimes Defense Attorneys
With
these types of sexual offenses, there are many other legal issues
involved. If a person is charged with sexual assault of a child,
possession of child pornography or any type of sex offense, it is
important to retain a criminal defense attorney who is experienced
defending Texas sex offenses.
James
G. Sullivan and Associates are Harris County Criminal Defense Attorneys
with decades of defense experience. James Sullivan is
also board certified in Juvenile Law by the Texas Board of Legal
Specialization. Juvenile Law
is different than criminal law. You can call James Sullivan and Associates right now at (281) 546-6428 for a free confidential consultation.
Houston Sex Crimes Lawyer James Sullivan Wins Cases at the Grand Jury Level
Why Fight a Felony Case at the Grand Jury Level?
James Sullivan has been very successful in
getting Sexual Assault of a Child cases No Billed (dismissed) by the Grand Jury.
In just the past few years, Sullivan has fought these cases and
prevailed in five such cases in Harris County as detailed below. When a
case is No Billed by the Grand Jury, the accused has the right to
immediately seek an expunction
of his criminal record. Because prosecutors generally seek to present
the case to the Grand Jury between the first and setting court setting,
it is extremely important to hire a defense attorney right away. Unless
a defense attorney requests that the prosecutor hold the felony case from the Grand Jury in order to prepare a defense packet, the prosecutor will seek an indictment from the Grand Jury.
Once
an accused is indicted, this option is no longer available. If found
guilty by a jury or if placed on deferred adjudication probation for
this type of offense, the accused would be required to register as a sex
offender for life. Time is of the essence in retaining a knowledgeable
Houston sexual assault defense attorney.
James Sullivan & Associates | Houston Texas Sex Crimes Defense Attorney
Contact James Sullivan and Associates for a free consultation at (281) 546-6428 about your allegations of sexual assault
in Harris County (Houston), Montgomery County (Conroe), Fort Bend
County (Richmond), Brazoria County (Angleton), Matagorda County (Bay
City), Waller County (Hempstead), Washington County (Brenham), Liberty
County (Liberty), Chambers County (Anahuac) and Jefferson County
(Beaumont). James Sullivan is an experienced Houston criminal defense
lawyer who will work hard to get you the best result for your particular situation.
| DATE | CASE # | CT # | TEXAS CRIMINAL OFFENSE | ACTUAL RESULT |
| ALL CASES NO BILLED BY GRAND JURY WERE BASED ON DEFENSE PACKETS | ||||
| 04/19/12 | 1332791 | 185th | SEXUAL ASSAULT OF A CHILD (2° Felony) | NO BILLED BY GRAND JURY (Client accused of having consensual sex with underage girl he met on online after she falsely claimed that she was 18) |
| 12/03/10 | 1283460 | 232nd | SEXUAL ASSAULT OF A CHILD (2° Felony) | NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female) |
| 08/24/10 | 1264919 | 232ND | SEXUAL ASSAULT OF A CHILD (2° Felony) | NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female) |
| 04/28/10 | 1220515 | 179TH | SEXUAL ASSAULT OF A CHILD (2° Felony) | DISMISSED BY STATE PRIOR TO TRIAL SETTING (Client accused of committing sexual assault against a young relative) |
| 11/23/09 | 1231727 | 179TH | SEXUAL ASSAULT OF A CHILD (2° Felony) | NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female) |
