Strategic and discreet legal representation for individuals facing sex crime allegations in Houston and Harris County including sexual assault, online offenses, and felony level charges that carry serious long term consequences.
A sex crime accusation in Houston can affect your reputation, your career, and your family before a single charge is formally filed. Texas prosecutors pursue these cases aggressively, and a conviction often carries mandatory sex offender registration alongside prison time consequences that do not end when a sentence is served.
David Smith is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Brazoria County prosecutor. He has handled serious criminal allegations from both sides of the courtroom and understands exactly how sex crime cases are investigated and built by the state. Every case is handled with complete confidentiality, detailed review of the evidence, and a defense strategy focused on protecting your future.
Sex offenses in Texas are governed primarily by Chapter 21 of the Texas Penal Code. They range from Class B misdemeanor charges such as indecent exposure through to first-degree felonies including aggravated sexual assault. All carry the potential for sex offender registration” and higher-level charges can result in lifetime registration that follows a person regardless of where they live or work.
Many sex crime allegations arise from situations where evidence is limited and the credibility of the accuser becomes the central question. Disputes between former partners, custody conflicts, misidentification, or online exchanges taken out of context can all produce serious criminal charges. The defense in these cases requires careful review of every piece of evidence the state intends to use and a rigorous challenge to anything that does not hold up.
Aggravated Sexual Assault under Texas Penal Code Section 22.021 is a first degree felony that applies when an alleged assault involves the use of a deadly weapon, causes serious bodily injury, involves a victim who is elderly, disabled, or under 14, or is committed in conjunction with another felony. A conviction carries 5 to 99 years or life in prison, substantial fines, and mandatory lifetime sex offender registration.
The defense examines forensic reports, medical findings, digital communications, and witness statements to identify inconsistencies and procedural errors. Whether the evidence was lawfully obtained, whether consent issues were properly evaluated, and whether identification is clearly established are all central questions in these cases. Early intervention by an experienced attorney is critical.
Indecency with a Child under Texas Penal Code Section 21.11 covers allegations of sexual contact with or exposure to a child under 17. The charge is a second degree felony for sexual contact and a third degree felony for exposure, with penalties ranging from 2 to 20 years in prison and mandatory sex offender registration. An accusation alone before any charge is formally filed can cause immediate harm to employment, family relationships, and standing in the community.
These cases frequently rely heavily on testimony, recorded interviews, and interpretations of digital communications rather than physical evidence. The investigative procedures used particularly how children are interviewed and how accounts develop over time are subject to challenge. David Smith Law Firm reviews every aspect of how the allegations arose and how the investigation was conducted to identify where the evidence falls short.
Online Solicitation of a Minor under Texas Penal Code Section 33.021 applies when a person communicates with someone they believe to be under 17 in a sexually explicit manner or attempts to arrange a meeting for sexual conduct. It is a second-degree felony or a first-degree felony if the alleged minor was under 14. These charges frequently arise from undercover law enforcement operations where an officer poses as a minor online.
These cases are built almost entirely on digital evidence chat logs, emails, and device records. David Smith Law Firm examines how the investigation was conducted, whether entrapment defenses apply, and whether the digital evidence was legally obtained and correctly attributed. The distinction between a person who intended to meet a minor and one who was manipulated into a conversation by an investigator is a critical and often contested issue.
Sexual Assault under Texas Penal Code Section 22.011 is a second degree felony carrying 2 to 20 years in prison and lifetime sex offender registration in most circumstances. The charge applies when a person intentionally or knowingly causes sexual contact or penetration without the other person’s consent, or in circumstances where consent cannot be given due to intoxication, unconsciousness, or age.
Sexual assault prosecutions frequently depend on conflicting accounts where physical evidence is limited or ambiguous. Consent, the credibility of the complainant’s account, inconsistencies between initial and later statements, and the reliability of forensic interpretation are all potential points of challenge. Our firm examines every element of the state’s evidence and builds a defense around what the evidence actually shows versus what the prosecution claims it shows.
Prostitution and solicitation charges in Houston frequently result from undercover sting operations and online investigations conducted by law enforcement. How an arrest was made, whether proper procedures were followed, and whether entrapment occurred are all questions that must be examined at the outset of any defense.
Under Texas Penal Code Sections 43.02 and 43.021, both selling and buying sexual services are criminal offenses. A first offense for solicitation is a state jail felony. Subsequent convictions escalate to third or second degree felony level. Even a first time conviction can affect professional licences, background checks, and personal relationships for years.
Unlawful Disclosure of Intimate Visual Material commonly called revenge porn — is an offense under Texas Penal Code Section 21.16. It applies when a person discloses intimate visual material of another person without their consent and with the intent to harm them. A conviction is a Class A misdemeanor but can escalate to a state jail felony based on the circumstances. The charge also exposes the defendant to civil liability.
These cases often turn on questions of consent whether the material was shared with permission and what the circumstances of the disclosure were. Digital evidence including device records, account access logs, and messaging history is central to the prosecution’s case and to the defense. Our firm examines how the material was obtained, how it was shared, and whether the investigation and any digital search was conducted lawfully.
Sexting charges in Texas arise when electronic communications containing sexually explicit material involve minors. What begins as private communication between individuals can result in child exploitation or possession of child sexual abuse material charges depending on the ages of the parties involved and the content shared. These charges are serious felonies that carry mandatory sex offender registration.
David Smith Law Firm examines the ages of the parties at the time of the communication, whether any content meets the legal definitions triggering prosecution, how electronic evidence was extracted from devices, and whether any search of those devices was lawfully authorised. The goal is to prevent the most severe penalties and avoid sex offender registration where the facts support an alternative outcome.
Indecent Exposure under Texas Penal Code Section 21.08 is a Class B misdemeanor for a first offense and a Class A misdemeanor for a subsequent conviction. The state must prove beyond a reasonable doubt that the defendant intentionally or knowingly exposed themselves in a manner designed to arouse or gratify the sexual desire of any person and that a reasonable person would have been offended. Both elements must be established; proximity or circumstance alone is not sufficient.
Indecent exposure cases frequently involve mistaken identity, misread circumstances, or complaints made without sufficient evidence of intent. Surveillance footage, witness accounts, and the specific circumstances of where and how the alleged exposure occurred are all examined by our firm to determine where the prosecution’s proof can be challenged. Dismissals and reduced outcomes are pursued wherever the evidence does not support a conviction.
Answer: Do not contact the accuser, talk to police, or discuss the case with anyone other than your lawyer. Save texts, calls, emails, photos, videos, social media messages, location history, and witness names. A Houston sex crime defense attorney can protect your rights early and help you avoid mistakes that may hurt your case.
Answer: A sex crimes defense attorney handles cases involving sexual assault, indecent exposure, prostitution or solicitation, unlawful disclosure of intimate images, sexting allegations, and registration issues. Each charge has different penalties and defense concerns.
Answer: Yes, an accusation can start a sex crime investigation. That does not mean the state can prove the case. These cases often depend on credibility, timelines, messages, digital records, witness statements, and whether other evidence supports or contradicts the allegation.
Answer: Consent can be an important issue, but it does not apply the same way in every case. Texas law treats some people as unable to legally consent, including minors in many situations and people who are unconscious, impaired, threatened, or unable to resist. The facts should be reviewed before speaking to police.
Answer: Some sex crime convictions require sex offender registration, but not all charges have the same result. Registration depends on the offense, the final outcome, and the terms of any plea or sentence. This should be reviewed before accepting any plea offer.
Answer: Penalties depend on the specific charge. Some sex crimes are misdemeanors, while others are felonies that can involve jail or prison, probation, fines, registration, protective orders, registration as a sex offender for 10 years or for life, and long-term damage to your record, job, housing, and reputation.
Answer: Yes, but it depends on the evidence. A charge may be challenged based on inconsistent statements, weak proof, consent issues, mistaken identity, unreliable witnesses, unlawful searches, or digital evidence taken out of context. No result is guaranteed, but the case should be reviewed carefully.
Answer: Yes. Juvenile sex offense cases may involve sexting, online messages, images, sexual contact allegations, or accusations involving another minor. Parents should speak with a lawyer before the child gives a statement to police, school officials, or investigators.
Answer: The cost depends on the charge, the facts, the evidence, and whether the case requires expert review or trial preparation. A misdemeanor case usually requires different work than a serious felony case. We offer a free initial consultation to review your situation and explain your options.
