Pearland Sexual Assault Defense Attorney
Sexual assault charges in Pearland, Texas, move fast through the court system. You could face arrest within hours of an accusation, lose your job before the facts come out, and watch your reputation crumble based on one person’s word.
The first 24 hours after an accusation determine how strong your defense will be. Police and prosecutors start building their case immediately, often before you even know charges are coming.
Without legal protection from our experienced Pearland sexual assault defense lawyers, you might make statements or decisions that hurt your case later.
At Scheiner DWI & Criminal Defense Lawyers, we defend serious felony cases in Brazoria County courts, bringing the technical knowledge and local experience needed to protect your freedom.
While prosecutors rush to file charges based on accusations alone, our sexual assault defense attorneys in Pearland focus on uncovering the truth that keeps innocent people from being convicted.
What Is Sexual Assault Under Texas Law?
Sexual assault in Texas is any sexual act committed without the other person’s consent. Under Texas Penal Code § 22.011, this means penetrating someone’s mouth, genitals, or anus when they didn’t agree to it or couldn’t legally give consent.
Consent is the key issue in most adult sexual assault cases. The prosecution must prove you knew the person didn’t consent or that they were unable to consent due to age, mental disability, or intoxication.
The law covers these specific acts:
- Penetrating the victim’s sexual organ or anus with any body part or object
- Penetrating the victim’s mouth with your sexual organ
- Causing the victim’s sexual organ to contact another person’s mouth, anus, or sexual organ
What Is Aggravated Sexual Assault in Texas?
Aggravated sexual assault carries some of the harshest penalties in Texas criminal law. When prosecutors add aggravating factors to a sexual assault charge, you’re no longer looking at a maximum of 20 years; you’re facing the possibility of life in prison.
Your case becomes “aggravated” if prosecutors claim any of these circumstances:
- Serious bodily injury: The victim suffered injuries requiring medical treatment or causing permanent damage.
- Deadly weapon used: A gun, knife, or other dangerous object was used or displayed during the assault.
- Drugs administered: The victim was given substances without their knowledge to impair their ability to resist.
- Vulnerable victim: The victim was under 14, elderly, or disabled.
- Multiple attackers: More than one person participated in the assault.
What Are the Penalties for Sexual Assault in Texas?
Sexual assault convictions in Texas carry harsh penalties that extend far beyond prison time. Brazoria County prosecutors routinely seek maximum sentences for these offenses.
A conviction for sexual assault is a second-degree felony with 2 to 20 years in prison plus fines up to $10,000. Aggravated sexual assault is a first-degree felony punishable by 5 to 99 years or life in prison and the same fine amount.
The collateral consequences often prove more damaging than the prison sentence:
- Employment: Most employers won’t hire someone with a sex crime conviction
- Housing: Many landlords refuse to rent to registered sex offenders
- Child custody: Courts may terminate or restrict your parental rights
- Professional licenses: State boards can revoke licenses for doctors, teachers, and other professionals
How Do Romeo and Juliet Laws Affect Sexual Assault Cases ?
Texas has a limited exception called the Romeo and Juliet law for consensual sexual activity between teenagers close in age. This law provides an “affirmative defense,” meaning you can use it in court, but it won’t prevent your arrest or charges.
The defense only applies when all these conditions exist:
- The alleged victim was at least 14 years old.
- You were no more than 3 years older than the alleged victim.
- The sexual activity was consensual
- You don’t have a prior sex offense conviction or registration requirement
Here’s the problem: you must prove these elements in court. The prosecution doesn’t have to disprove them, and they’ll challenge your evidence at every turn. Age differences, consent, and prior history all become battlegrounds.
Will a Sexual Assault Conviction Require Sex Offender Registration?
Any sexual assault conviction in Texas requires lifetime registration as a sex offender, making it critical to work with an experienced Pearland sexual assault defense lawyer who understands these consequences.
This isn’t just filling out forms once—it’s ongoing government supervision that controls where you live, work, and travel.
The sex offender registry is public information. Anyone can search online and find your name, address, photo, and details about your conviction. In addition, you must report to police annually and notify them within 7 days of any address change.
Registration restrictions include:
- Housing limits: May be prohibited from living near schools, parks, or daycare centers.
- Travel restrictions: Must notify the police before leaving the county for more than 7 days.
- Employment barriers: Prohibited from jobs involving children or vulnerable populations
- Internet monitoring: May face restrictions on social media and online activity
How We Defend Sexual Assault Cases in Brazoria County
Our defense strategy attacks every weakness in the prosecution’s case while building evidence that supports your innocence.
We Secure Evidence and Control the Timeline
Digital evidence disappears quickly without legal action to preserve it. We immediately send preservation letters to phone companies, social media platforms, and internet providers to save text messages, call logs, and online communications that could prove your innocence.
We also locate and interview witnesses before their memories fade or they become unavailable. Security camera footage gets deleted on automatic schedules, so we act fast to obtain surveillance video from businesses, apartments, and traffic cameras.
We Challenge Forensic and DNA Claims
DNA evidence isn’t automatically proof of a crime—it only shows contact occurred. We work with independent forensic experts who review the state’s lab work for contamination, chain of custody problems, and testing errors.
Many sexual assault cases rely on Sexual Assault Nurse Examiner (SANE) kits collected at hospitals. These exams are often performed incorrectly, or the evidence is mishandled. We scrutinize every step of the collection and testing process.
We Expose Weak Identifications and Inconsistent Accounts
Accusers’ stories often change between their initial police report and their testimony months later. We document these inconsistencies and investigate potential motives for false accusations.
Common reasons for false accusations in sexual assault cases include:
- Relationship revenge: Anger after a breakup or rejection
- Custody disputes: Using allegations to gain advantage in divorce proceedings
- Regret: Reframing consensual activity due to embarrassment or social pressure
- Third-party pressure: Family or friends convincing someone they were victimized
We File Motions to Suppress Illegally Obtained Evidence
Police must follow constitutional rules when investigating crimes. If they violated your rights, we can get that evidence thrown out of court.
We challenge evidence obtained through:
- Searches without valid warrants
- Interrogations without Miranda warnings
- Coercive questioning techniques
- Violations of your right to counsel
What Should You Do If You Are Contacted by Pearland Police?
Your response to police contact can make or break your case. Follow these steps to protect yourself.
Do Not Speak Without Counsel
Never answer police questions without our Pearland sex crime lawyers present, even if you think you’re innocent. Tell officers, “I’m invoking my right to remain silent, and I want a lawyer.”
Police are trained to get confessions, not find the truth. They can legally lie to you about evidence and use psychological pressure to get you to talk. Anything you say will be recorded and used against you later.
Preserve Digital Messages and Contacts
Don’t delete anything from your phone, computer, or social media accounts. Save all communications with the accuser, including digital evidence which our attorneys could use to prove your innocence:
- Text messages and phone calls
- Social media interactions and dating app conversations
- Emails and voice messages
- Photos or videos from the time period in question
This digital evidence often contradicts the accuser’s claims and proves the encounter was consensual.
Avoid Contact With the Accuser
Don’t try to contact the accuser directly or through friends and family. Any attempt at communication can be twisted into witness tampering or intimidation charges, making your situation much worse.
Where Will My Pearland Case Be Filed and Heard in Brazoria County?
Sexual assault cases from Pearland go to Brazoria County District Court in Angleton, not Pearland Municipal Court. The courthouse is located at 111 E. Locust, Angleton, TX 77515.
If you’re arrested, your first court appearance will take place within 48 hours at the county jail. This hearing sets your bond amount and conditions for release.
All pretrial motions, plea negotiations, and trials take place at the Angleton courthouse. Cases typically take 6 to 18 months to resolve, depending on their complexity.
Why Hire Scheiner DWI & Criminal Defense Lawyers for Sexual Assault Charges?
Sexual assault cases require specialized knowledge that most lawyers don’t possess. Our firm has the experience and resources to handle these complex cases.
Board Certified Leadership and Trial Experience
Grant Scheiner is Board Certified in Criminal Law by the Texas Board of Legal Specialization. He is an experienced criminal defense attorney who handles serious sex crime cases.
Our trial experience as criminal defense attorneys includes jury trials for sexual assault, aggravated sexual assault, cases involving child victims, and more. We know how to present complex evidence and cross-examine accusers effectively.
Forensic and Police Procedure Expertise
We’ve completed specialized training in forensic science, DNA analysis, and crime lab procedures. This technical knowledge lets us spot errors in the state’s evidence that other lawyers miss.
Our team understands how police investigate sex crimes and where they make mistakes. We know which interview techniques are improper and how to challenge contaminated evidence.
Local Knowledge Across Brazoria and Harris Counties
We regularly practice in both Brazoria County District Court and Harris County courts. We know the local judges, prosecutors, and their tendencies in sex crime cases.
This local knowledge helps us negotiate better plea deals when appropriate and avoid prosecutors known for being unreasonable. We understand how Brazoria County juries typically respond to different types of evidence and arguments.
What Results Has Our Team Achieved in Serious Sex Crime Cases?
Our track record includes successful outcomes in the most serious sex crime cases:
| Case Type | Outcome | Details |
| Sexual Assault | Not Guilty Verdict | Client accused by ex-girlfriend after breakup |
| Aggravated Sexual Assault | Charges Dismissed | DNA evidence proved contamination |
| Sexual Assault of Child | Case Dismissed Pre-Indictment | False accusations during custody battle |
Past results don’t guarantee future outcomes, but they show our ability to handle complex cases and achieve favorable results when others see no hope.
Frequently Asked Questions About Sexual Assault Defense
Can Sexual Assault Charges Be Dropped If the Accuser Changes Their Story?
Prosecutors can continue with charges even if the accuser recants their story, especially if they believe other evidence supports the case.
Should I Take a Polygraph Test to Prove My Innocence?
No, polygraph results aren’t admissible in Texas courts, and the test can be used against you if you don’t perform well due to stress.
Will I Have to Register as a Sex Offender If I Accept Deferred Adjudication?
Yes, deferred adjudication for sexual assault still requires sex offender registration in Texas, making it different from most other crimes.
Can I Be Charged If the Alleged Victim Was Drinking but Not Unconscious?
Yes, prosecutors can file charges if they believe the alleged victim was too intoxicated to consent, even if they were conscious and talking.
How Long Do Sexual Assault Cases Take to Resolve in Brazoria County?
Case timelines vary widely depending on factors like complexity, the amount of evidence, and court scheduling; some matters resolve relatively quickly, while others can take substantially longer.
What Happens If I Violate My Bond Conditions While My Case Is Pending?
Bond violations can result in immediate arrest and detention without bond until your trial, making it much harder to prepare your defense.