Austin Sexual Assault of a Child Defense Attorneys
Sex crime allegations can ruin your life before you’re ever convicted. If you’re facing charges, your future hangs in the balance, which is why it’s essential to hire an attorney who can fight in a court of law to clear your name definitively.
Charges for sexual assault of a child carry devastating consequences that extend far beyond prison time — they can destroy your reputation, career, and relationships while placing you on the sex offender registry for life. The Austin sex crimes attorneys at Smith & Vinson understand that the stakes have never been higher. We bring decades of aggressive defense experience to protect your rights and freedom.
Our attorneys have successfully defended clients against the most serious sex crime allegations, including sexual assault of a child charges. We know that accusations don't equal guilt, and we fight tirelessly to expose weaknesses in the prosecution's case, challenge evidence, and pursue every available defense strategy.
Don’t face sex crime allegations alone. Whether you’ve been formally charged or are under investigation, call the attorneys at Smith & Vinson today at 512-368-9044 to begin defending your life.
The sexual assault laws in Texas
Texas takes an aggressive stance on sexual assault prosecution, with laws designed to carry severe penalties for those convicted. Under Texas Penal Code § 22.011, sexual assault occurs when a person:
- Intentionally or knowingly causes penetration of another person without that person's consent;
- Or does so when the victim is incapable of giving consent due to age, mental capacity, or other factors.
The law recognizes several circumstances where consent cannot be legally given, including when the victim is under 17 years of age (which is the age of consent in Texas), has a mental disability, or is physically unable to resist. Texas prosecutors pursue these cases with maximum aggression, often seeking the harshest possible penalties regardless of the circumstances surrounding the allegations.
Child sexual offenses in Texas
Sexual offenses involving children are some of the most serious crimes prosecuted in Texas courts. These charges encompass a range of alleged conduct, from sexual assault of a child to aggravated sexual assault, indecency with a child, and continuous sexual abuse of a young child.
The state defines sexual assault of a child as any penetration involving a victim under 17 years of age, regardless of consent. Related charges may include:
- Indecency with a child: Involving sexual contact or exposure with a minor
- Continuous sexual abuse: Multiple acts of abuse over time
- Statutory rape: Sexual conduct based solely on the victim's age
- Indecent exposure: Exposing oneself to a child with the intent to arouse
Because of the serious nature of child sex offenses, Texas prosecutors often pursue these cases even when evidence is limited or allegations are questionable. They may rely heavily on testimony from alleged victims, forensic interviews, and circumstantial evidence.
Your life is on the line — this is why having an experienced Austin sex crimes lawyer who knows how to challenge this type of evidence is essential to your defense.
Penalties for sexual assault of a child
The penalties for sexual assault of a child in Texas are among the most severe in the criminal code. Most charges are classified as second-degree felonies, but penalties can escalate dramatically based on aggravating factors:
Charge | Offense level | Maximum fine | Prison | Sex offender registration |
Sexual assault of a child | Second-degree felony | $10,000 | 2 – 20 years | Mandatory |
Aggravated sexual assault of a child | First-degree felony | $10,000 | 5 years to life | Mandatory, for life |
Sentences can be enhanced to first-degree felonies if the victim is under 14 years old, if serious bodily injury occurs, or if a deadly weapon is used. Additionally, Texas has no statute of limitations for these offenses, meaning charges can be filed years or even decades after alleged incidents.
Beyond incarceration and fines, conviction results in collateral consequences that affect every aspect of your life: employment restrictions, housing limitations, loss of professional licenses, and prohibition from school zones and youth facilities.
How many years of age are minors in Texas?
In Texas, the age of consent for sexual activity is 17 years old. This means that any person under 17 is considered a minor for purposes of sexual assault laws, regardless of their apparent maturity or willingness to participate.
The law provides very limited exceptions, primarily through the "Romeo and Juliet" provision, which may apply when the accused is within three years of the age of the alleged victim and both parties are at least 14 years old.
This hard-line approach to age of consent means that even consensual relationships can result in serious criminal charges if one participant is under 17. The state makes no distinction for cases involving teens in dating relationships or situations where the age difference is only slightly more than three years.
The difference between sexual intercourse and sexual contact
Texas law distinguishes between different types of sexual conduct, with escalating degrees of criminal penalties applying depending on the specific acts involved.
Sexual assault of a child requires penetration — any penetration and by any means. This broad definition encompasses various forms of contact and can include penetration by objects, not just body parts.
Sexual contact, on the other hand, refers to touching of intimate areas without penetration. While still serious, charges involving sexual contact typically fall under statutes that have less severe penalties than sexual assault charges. Both categories carry severe penalties and mandatory sex offender registration upon conviction.
A lifetime on the sex offender registry
One of the most devastating long-term consequences of a sexual crime conviction is mandatory lifetime registration as a sex offender. This requirement follows you wherever you move, affecting housing, employment, and social relationships for the rest of your life.
Sex offender registration in Texas requires:
- Annual registration with local law enforcement
- Public disclosure of your photo, address, and offense details
- Restrictions on where you can live and work
- Prohibition from school zones, playgrounds, and youth facilities
- Travel notifications and restrictions
- Regular verification of registration information
The registry is publicly searchable online, meaning employers, landlords, neighbors, and acquaintances can easily discover your conviction history — in many neighborhoods, they send direct mail to your neighbors when you move in.
These lifelong consequences essentially extend your prison sentence into the rest of your life. Fighting sexual assault of a child charges isn't just about avoiding prison time — it's about clearing your name and protecting your entire future.
Accused of a sex crime? You need an attorney yesterday.
When facing sexual assault of a child charges, time is not on your side. Police and prosecutors begin building their case immediately, collecting evidence, interviewing witnesses, and preparing for what they view as an inevitable conviction. Every day you delay hiring an experienced sexual assault lawyer in Austin puts you at a greater disadvantage.
At Smith & Vinson, we understand that these charges require immediate, aggressive action. Our defense strategy begins the moment you contact us:
- Immediate investigation: We conduct our own investigation while evidence is still fresh
- Evidence preservation: We work to preserve crucial evidence that might otherwise be lost or destroyed
- Expert consultation: We engage forensic experts, child psychologists, and other specialists when needed
- Defense planning: We develop comprehensive defense strategies tailored to your specific case
- Aggressive negotiation: We negotiate with prosecutors from a position of strength, always prepared for trial
Our founding attorneys, as well as our primary sex crimes attorney Jessica Huynh, all bring prosecutorial experience and deep knowledge of how these cases are built. This insider perspective allows us to identify biases and weaknesses in the state's case and develop effective counter-strategies that protect your freedom.
Don't let accusations define your future. Call Smith & Vinson today at 512-368-9044 or contact us online today for a free, confidential consultation. Your future is at stake; don’t gamble it by waiting another moment.
Awards & Associations
Respected by Peers, Clients and Legal Organizations
Our Client Reviews
Earning Our Reputation by Protecting Yours
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Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.- Linda W.
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What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.- Former Client
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When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.- Nikki C.
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After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.- Former Client
A Proven Track Record
Check Out Our Recent Case Results
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Not Guilty Sexual Abuse
One Count of Continuous Sexual Abuse of a Minor; Three Counts of Aggravated Sexual Assault of a Minor; Two Counts of Indecency of a Minor by Contact/Exposure
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Not Guilty Sexual Assault
NOT GUILTY of sexual assault and two lesser charges. Our client maintained his innocence from the start, and we believed him.
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No Charges Filed Sex Assault Investigation
Our client had an affair with a married woman. When her husband found out, she accused him of rape and called the police, prompting an investigation. Our client wisely contacted our office immediately.
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Case Dismissed; Charges Reduced Two Counts of Sexual Assault of a Child
Our client was arrested after two girls he met online turned out to be underage. He was charged with four counts of sex assault of a child. The State interviewed the girls and obtained incriminating cell phone evidence, as well as evidence of drug use. The DA’s Office aggressively prosecuted this case and sought prison time.
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Case Dismissed Juvenile Sex Assault
Our client, a young girl, was accused of sexually assaulting her young female cousin. Our client was a good student and was involved in a number of youth and school activities. She had a bright future ahead of her and she and her parents were understandably terrified that an accusation like this could ruin her life forever.
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Case Dismissed; Charges Reduced Five counts of Sex Assault of a Child & Eight Counts of Indecency w/ a Child
Our client was accused of being in a relationship with an underage teen. He was charged with six counts of sexual assault of a child and eight counts of indecency with a child. The evidence was overwhelming. He thought his life was over.
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Case Dismissed; Charges Reduced Two Counts of Sexual Assault of a Child and Four Counts of Indecency w/ a Child
Our client was indicted on two counts of sex assault of a child and four counts of indecency with a child. Our client confessed to the offense and there was substantial physical evidence corroborating that confession. The State aggressively prosecuted this case and sought significant prison time.
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Case Dismissed; Charges Reduced Solicitation of a Minor
Our client was a legal permanent resident with no criminal history when he was picked up for solicitation of a minor after a sting operation. He faced serious immigration consequences if convicted of a crime of this nature. In addition, the evidence against him was substantial and he was looking at prison time.
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No Charges Filed Sexual Assault Investigation
Our client was a UT student who was accused of sexual assault. He came to our firm extremely scared about his future both with the university and within the criminal justice system. With our firm's help, he was able to show that his accuser was not credible. Smith and Vinson put together a defense that law enforcement recognized as credible evidence of his innocence and not to file charges which changed the course of our client's life.
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Charges Dismissed Sexual Assault Investigation
Our client, a promising Texas State student, was wrongfully accused of sexual assault by a classmate and hastily arrested. We demonstrated the consensual nature of their actions and exposed the accuser's ulterior motives. The District Attorney's Office dismissed the case.
