League City Sexual Assault Defense Attorney
Sexual assault charges in League City, Texas receive aggressive prosecution from local law enforcement and the Galveston County District Attorney’s Office.
These cases often move forward based on a single accusation, with prosecutors pursuing convictions even when physical evidence is absent or witness accounts conflict.
The pressure to secure convictions in these high-profile cases means investigators and prosecutors may overlook inconsistencies or alternative explanations that could prove your innocence.
Our experienced League City sexual assault defense lawyers understand the immediate damage a sexual assault accusation causes in League City. Your employment, housing, and relationships all face threats before any evidence is presented in court. The potential penalties reach far beyond prison time and fines.
A conviction requires lifetime sex offender registration, permanently restricting where you can live and work while making your personal information publicly searchable. These consequences make it essential to build an aggressive defense from day one to protect your future.
At Scheiner DWI & Criminal Defense Lawyers, we represent League City residents facing sexual assault allegations. Our Board Certified criminal defense team knows how Galveston County prosecutors build these cases and where their evidence often falls short.
We work immediately to preserve evidence, identify weaknesses in the state’s case, and develop defense strategies specific to the allegations you face.
What Is Sexual Assault Under Texas Penal Code 22.011?
Sexual assault in Texas is defined under Texas Penal Code 22.011 as intentionally or knowingly causing penetration or sexual contact with another person without their consent. This means the prosecution must prove you acted on purpose and that the other person did not agree to the sexual activity.
The key element in most cases is consent. If both people agreed to the encounter, no crime occurred. However, prosecutors often build cases on “he said, she said” testimony with little physical evidence.
- Penetration: Any contact involving the mouth, genitals, or anus.
- Sexual contact: Touching intimate areas for sexual arousal.
- Without consent: The alleged victim did not agree to the activity.
What Penalties Apply to Sexual Assault in Texas?
Sexual assault convictions carry some of the harshest penalties in Texas criminal law. These punishments follow you for the rest of your life, affecting where you can live, work, and even visit.
A standard sexual assault charge is a second-degree felony, which carries 2 to 20 years in state prison and fines up to $10,000. If aggravating factors are present, the charge becomes a first-degree felony, with penalties of 5 to 99 years or life imprisonment.
Beyond prison time, you face mandatory sex offender registration. This requirement lasts for life in most cases and makes your personal information public. Anyone can search your name online and see your conviction details, photo, and current address.
Will You Have to Register as a Sex Offender?
Yes, any sexual assault conviction in Texas requires lifetime sex offender registration. This is not negotiable or temporary – it’s a permanent label that controls where you can live and work.
Your information goes into a public database that includes your full name, address, photograph, and offense details. Neighbors, employers, landlords, and anyone else can access this information at any time.
Registration also comes with strict rules that our experienced league city sexual assault defense attorneys can help you navigate:
- Residence restrictions: You cannot live within 1,000 feet of schools, parks, or daycare centers.
- Reporting requirements: You must update your address, phone number, and employment within seven days of any change.
- Travel limitations: Extended trips require advance notification to law enforcement
- Internet restrictions: Some convictions limit your online activity and social media use
What Happens After an Arrest in Galveston County?
The criminal process in Galveston County moves fast after a sexual assault arrest. You will be booked into jail and will appear before a magistrate for a bail hearing within 48 hours. The judge will set your bond amount and may impose protective orders that restrict your movement and communications.
Your case gets assigned to one of the district courts at the Galveston County Justice Center. The prosecutor then presents evidence to a grand jury seeking an indictment. If indicted, you’ll face an arraignment where formal charges are read and you enter a plea.
During this time, evidence disappears and witness memories fade. Having our League City sex crime defense lawyers involved immediately protects crucial evidence and prevents you from making statements that could hurt your case later.
How We Defend Sexual Assault Charges
Every sexual assault case is different, requiring a defense strategy built around the specific facts and evidence. We’ve successfully defended clients by challenging the prosecution’s case from multiple angles.
Consent as a Defense
Many sexual assault accusations involve encounters that were actually consensual. The alleged victim may later claim assault due to regret, embarrassment, or pressure from others. We investigate the relationship between you and the accuser to find evidence of consent.
Text messages, emails, and social media communications often show the true nature of your relationship. Dating app conversations, flirtatious messages, and plans to meet can all demonstrate that the encounter was mutual and wanted.
False Allegations and Motive
False accusations happen more often than most people realize. We investigate why someone might lie about sexual assault, including:
- Divorce or custody battles: Spouses may make false accusations of sex crimes to gain an advantage in family court.
- Revenge or anger: Accusations sometimes arise from relationship disputes or professional conflicts.
- Mental health issues: Some accusers have documented histories of making false claims.
- External pressure: Family members or friends may pressure someone to report an incident that didn’t happen.
Mistaken Identity
Sexual assault accusations sometimes involve mistaken identity, especially in cases involving:
- Poor lighting conditions: Dark environments make accurate identification difficult.
- Alcohol or drug impairment: Intoxicated alleged victims may misremember or confuse details.
- High-stress situations: Trauma can affect memory and perception.
- Suggestive police procedures: Improper lineups or photo arrays can lead to wrong identifications.
Forensic and DNA Challenges
Prosecutors often present forensic evidence as definitive proof, but it usually has problems. We examine every aspect of the collection, testing, and analysis process to find errors that can exclude or discredit evidence.
DNA evidence requires proper collection, storage, and testing. Contamination, chain-of-custody issues, and laboratory errors can all affect results. We work with forensic experts to challenge flawed evidence and unreliable testing methods.
Illegal Search or Coerced Statements
Your constitutional rights protect you from illegal police actions. If officers searched your property without a warrant, coerced you into making statements, or failed to read your Miranda rights, we can get that evidence thrown out of court.
Suppressing illegally obtained evidence often significantly weakens the prosecution’s case. In some cases, excluding tainted evidence can result in the complete dismissal of charges.
Alibi and Timeline Attacks
A strong alibi can destroy the prosecution’s case. We gather evidence showing you were somewhere else when the alleged assault occurred, including:
- Surveillance footage: Security cameras from businesses, traffic lights, and buildings.
- GPS and cell phone data: Location services and cell tower records track your movements.
- Credit card and ATM records: Financial transactions create timestamped proof of your location.
- Witness testimony: People who saw you at different locations during the alleged time.
Digital Evidence and Messages
Modern relationships leave digital footprints that often contradict assault allegations. We preserve and analyze communications from all platforms, including deleted content that can be recovered.
Social media posts, dating app messages, and text conversations frequently show the true nature of relationships. This evidence can prove consent, expose lies, or demonstrate the accuser’s state of mind before and after the alleged incident.
What To Do Now If You Are Accused
Your actions immediately after an accusation can make or break your case. Follow these steps to protect yourself and preserve your defense options.
Step 1: Do Not Talk to Police
Exercise your Fifth Amendment right to remain silent and request an attorney immediately. Police officers are trained to get confessions, and anything you say will be used against you later. Even innocent explanations can be twisted to support the prosecution’s theory.
Step 2: Preserve Messages and Evidence
Do not delete anything from your devices. Take screenshots of text messages, social media conversations, emails, and dating app communications with the accuser. This digital evidence often provides the most substantial proof of consent or exposes false allegations.
Step 3: Avoid Contact with the Accuser
Stop all communication with the person who accused you. Do not call, text, email, or contact them through friends or social media. Any attempt at communication can be interpreted as harassment or intimidation, leading to additional criminal charges.
Step 4: Write a Timeline for Your Lawyer
Document everything you remember about your interactions with the accuser while the details are fresh. Include dates, times, locations, witnesses present, and the nature of your relationship. This information helps your attorney build your defense strategy.
Step 5: Call Us for a Confidential Consultation
Contact our sexual assault defense lawyers immediately. Early intervention can preserve evidence, prevent additional charges, and sometimes stop the case before formal charges are filed.
Why Hire Scheiner DWI & Criminal Defense Lawyers?
Sexual assault cases require attorneys with specific experience and proven results. Our firm brings unique qualifications that make a difference in these high-stakes cases.
Board Certified Leadership
Grant Scheiner is Board Certified in Criminal Law by the Texas Board of Legal Specialization. This certification requires extensive experience, continuing education, and peer recognition. This Board Certification is a distinguished professional recognition among Texas attorneys.
Trial and Forensic Experience
We prepare every case for trial from day one. Our deep knowledge of forensic science, police procedures, and courtroom advocacy allows us to challenge evidence that other lawyers might accept. We’ve won jury trials in severe felony cases by exposing flaws in the prosecution’s evidence.
Local League City and Galveston County Courts
We’ve practiced in League City and Galveston County courts for decades. This experience gives us insight into local judges, prosecutors, and court procedures that benefit our clients. We know how cases are handled and what strategies work best in these specific courts.
Client Communication and 24/7 Support
We believe in keeping clients informed throughout the legal process. You’ll have direct access to your attorney and receive regular updates about your case. Our team is available around the clock to answer questions and address concerns.
Can Sexual Assault Charges Be Dismissed or Reduced?
Sexual assault charges can be dismissed or reduced, but it requires aggressive legal representation and strategic planning. The prosecution must prove every element of their case beyond a reasonable doubt. Our job is to show they cannot meet this burden.
We achieve dismissals by filing motions to suppress illegally obtained evidence, demonstrating prosecutorial misconduct, or presenting compelling evidence of innocence. When dismissal isn’t possible, we negotiate with prosecutors to reduce charges to lesser offenses that avoid the most severe penalties.
Success depends on early intervention and thorough case preparation. The sooner we get involved, the better your chances of a favorable outcome.
How Pre-File Intervention Can Help You
If you’re under investigation but haven’t been arrested yet, we can potentially prevent charges from being filed. Pre-file intervention involves working with law enforcement and prosecutors before they make charging decisions.
We present evidence of your innocence, highlight weaknesses in the investigation, and provide context that investigators may have missed. This proactive approach sometimes convinces authorities to decline prosecution or pursue reduced charges.
Time is critical in pre-file intervention. Once charges are filed and you’re arrested, the process becomes much more difficult and public.
Do Protective Orders Affect Your Case?
Emergency protective orders are commonly issued after sexual assault arrests. These orders legally prohibit you from contacting the alleged victim, returning to shared residences, or going to specific locations.
Violating a protective order creates new felony charges that complicate your defense. We represent clients in protective order hearings to contest unreasonable restrictions or modify terms that interfere with their employment or family relationships.
These orders can last for years and significantly impact your daily life. Having legal representation ensures your rights are protected during protective order proceedings.
Our Case Results and Client Commitment
Our firm has achieved dismissals and not-guilty verdicts in severe criminal cases throughout our 30-year history. While past results don’t guarantee future outcomes, our track record demonstrates our commitment to vigorous defense advocacy.
We understand that your case represents the most important challenge you’ll ever face. Every client receives personalized attention and a defense strategy tailored to their specific circumstances. We don’t handle cases in volume – we focus on getting the best possible result for each person we represent.
Areas We Serve Near League City
Our League City sexual assault defense attorneys represents clients throughout Galveston County and the Greater Houston area. We regularly appear in courts located in:
Confidential Consultation
We offer completely confidential consultations to discuss your case and explain your legal options. This meeting helps you understand the charges you’re facing and the defense strategies available to you.
Even if you don’t hire Scheiner Law DWI & Criminal Defense Lawyers, you’ll leave with valuable information about protecting yourself during this difficult time. Our attorneys are available evenings and weekends for urgent situations. Contact us to schedule your consultation today.
FAQ: Sexual Assault Defense in League City
What Evidence Do Prosecutors Need to Convict Someone of Sexual Assault in Texas?
Prosecutors must prove you intentionally caused sexual contact without the other person’s consent. They often rely on the alleged victim’s testimony, but they can also use physical evidence, witness statements, and digital communications to build their case.
Can Text Messages Between Me and the Accuser Help My Defense?
Yes, text messages and other digital communications often provide the most substantial evidence of consent or expose false allegations. These messages can reveal the true nature of your relationship and contradict the accuser’s claims.
How Long Do Sexual Assault Cases Take to Resolve in Galveston County?
Sexual assault cases can take considerable time to resolve, and complex matters often take even longer. The timeline depends on factors like evidence collection, witness availability, and court scheduling.
Will I Go to Jail While My Sexual Assault Case Is Pending?
Not necessarily. Many defendants are released on bail while their case is pending, though bail amounts for sexual assault charges are typically high. Your attorney can argue for reasonable bail or release on personal recognizance.
Can I Be Convicted of Sexual Assault Without Physical Evidence?
Yes, Texas law allows convictions based solely on witness testimony if the jury believes it beyond a reasonable doubt. However, cases without physical evidence are often more difficult for prosecutors to prove and easier for defense attorneys to challenge.
Should I Take a Polygraph Test if Police Ask Me To?
No, polygraph results are not admissible in Texas courts, and taking the test can only hurt your case. Police use polygraphs as investigation tools to pressure suspects into making admissions or confessions.