Where Cutting-Edge
Criminal Defense
Meets Texas Justice

Sex Crimes Attorneys in Bryan, TX

If you have been arrested for a sex crime in Bryan, Texas, you’re bound to face harsh public criticism and tenacious prosecutors prepared to put you behind bars. Not only can a conviction lead to a lengthy prison sentence and expensive fines but also being registered as a sex offender for the remainder of your life. You need an experienced Bryan sex crime lawyer to defend your rights.

The mere accusation of such a serious offense can have profound repercussions on every aspect of your life, from personal relationships to professional opportunities. The stigma attached to sex crimes can lead to social isolation, damage to reputation, and emotional turmoil, leaving you feeling helpless and vulnerable. A skilled attorney understands the complexities of sex crime cases and is dedicated to vigorously defending the rights of the accused.

Why Choose a Bryan Sex Crime Lawyer from the Law Office of Shane Phelps?

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Our Bryan criminal defense attorneys have the experience and skill to help you obtain a favorable outcome in your sex crime case. With over 30 years of legal experience, our team possesses a pervasive knowledge of Texas laws and court proceedings to develop a solid defense strategy for you.

From conducting a thorough investigation to challenging evidence and advocating for fair treatment, a knowledgeable sex crime defense attorney can provide invaluable assistance throughout every stage of the legal process. By crafting a robust defense strategy tailored to the specific circumstances of the case, an attorney can help alleviate the burden on the accused and work towards achieving the best possible outcome, whether through exoneration or mitigation of penalties.

Call us today at 979-596-6843 for a free consultation. We will fight for you.

 

Our Law Office in Bryan, Texas

The Law Office of Shane Phelps, P.C., is located at 400 N. Washington Avenue, Bryan, TX 77803. We are in the heart of Bryan, at the corner of E. 23rd Street. Contact us for a free consultation.

Sex Crime Cases We Handle

Sex Crimes as Defined by Texas Law

Sex-Crimes

In Texas, sex crimes are defined and categorized under various statutes within the Texas Penal Code. Some of the types of sex crimes recognized by Texas law include:

  • Sexual Assault and Rape: Defined under Texas Penal Code § 22.011, sexual assault involves intentionally or knowingly causing penetration of the anus, vagina, or mouth of another person without their consent, or causing another person to engage in such acts. In Texas, the offense of rape is typically encompassed within the broader category of sexual assault. The term “rape” itself may not be explicitly used in the statute, but the elements of rape are encompassed within the broader definition of sexual assault provided in Section 22.011.
  • Indecent Exposure: Found in Texas Penal Code § 21.08, indecent exposure occurs when an individual exposes their genitals with intent to arouse or gratify sexual desire, or with reckless disregard for whether another person is present who would be offended or alarmed.
  • Aggravated Sexual Assault: This offense, outlined in Texas Penal Code § 22.021, involves sexual assault combined with aggravating factors such as the use of a deadly weapon, causing serious bodily injury, or involving a victim who is younger than 14 years old.
  • Child Pornography: Addressed in Texas Penal Code § 43.26, child pornography includes producing, distributing, possessing, or promoting visual material that depicts a child engaging in sexual conduct.
  • Prostitution and Solicitation: Prostitution, defined in Texas Penal Code § 43.02, involves offering or agreeing to engage in sexual conduct for a fee. Solicitation occurs when an individual solicits another person to engage in sexual conduct in exchange for a fee.
  • Online Solicitation of a Minor: Covered under Texas Penal Code § 33.021, this offense involves soliciting a minor younger than 17 years old to engage in sexual conduct through electronic communication, such as text messages or social media.

These are just a few examples of sex crimes outlined in Texas law. It’s essential to consult the specific statutes and seek legal guidance for comprehensive information and understanding of these offenses and their penalties.

Penalties for Sex Crimes in Texas

In addition to the stringent laws governing sex crimes, Texas has some of the country’s most punishing sex crime penalties upon conviction. These penalties often include mandatory minimum sentences, ensuring that those found guilty face significant periods of incarceration.

Furthermore, released offenders are subject to strict monitoring, which may involve registration as a sex offender and adherence to stringent reporting requirements.

One notable aspect of Texas’ approach to sex crime penalties is the establishment of broadened zones for child safety. These zones, which encompass areas such as schools, parks, and playgrounds, serve to reduce opportunities for offenders to re-offend by limiting their proximity to potential victims. Violations of these restrictions can result in additional legal consequences, compounding the already severe penalties associated with sex crimes.

With the assistance of a dedicated Bryan sex crime lawyer, you can strive to protect your rights, mitigate the impact of charges, and pursue the most favorable outcome possible in your case.

Texas Sex Offender Registry

Sex-Offender

Being required to register as a sex offender in Texas is one of the most severe consequences of a conviction for a sex crime. The Texas Sex Offender Registry serves as an online database containing comprehensive information about individuals convicted of qualifying offenses.

The sex offender registry has your name, age, distinguishing characteristics, and details about the crime that you were convicted of. Importantly, this registration is permanent and remains with you for life, regardless of any subsequent rehabilitation or efforts to reintegrate into society.

When Is Someone Added to the Sex Offender Database?

The criteria for inclusion on the sex offender registry in Texas are outlined in state law and typically encompass convictions for offenses such as sexual assault, indecent exposure, possession or distribution of child pornography, and certain offenses involving minors. Upon release from prison or completion of a sentence, individuals convicted of qualifying offenses are required to register with local law enforcement authorities within a specified timeframe, typically within seven days.

Implications of Inclusion on Sex Offender Registry

The implications of being listed on the sex offender registry are profound and far-reaching. In addition to the social stigma and damage to reputation, being a registered sex offender imposes significant restrictions on various aspects of daily life.

These restrictions may include limitations on where you can reside, work, or even visit. Certain areas such as schools, parks, and playgrounds may be off-limits. Furthermore, registered sex offenders are subject to stringent reporting requirements, including regular check-ins with law enforcement and periodic updates to their registration information.

Given the enduring and wide-ranging consequences of registration as a sex offender, seeking the assistance of an experienced sex crime attorney is imperative. A knowledgeable attorney can provide guidance and advocacy to navigate the complexities of sex offender registration laws, challenge the imposition of registration requirements where appropriate, and work to mitigate the impact of registration on your life and future opportunities.

That is why you need the help of an experienced sex crime attorney from Shane Phelps Law.

What are Your Rights if Accused of a Sex Crime?

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When individuals are accused of a sex crime, they retain several important rights designed to protect their legal interests. Two fundamental rights include the right to remain silent and the right to legal counsel.

The right to remain silent means that you have the option not to answer questions from law enforcement or other authorities without the presence of an attorney. This right prevents you from inadvertently saying something incriminating or harmful to your case.

Additionally, the right to legal counsel ensures that you can consult with an attorney who can provide guidance, support, and representation throughout the legal process.

Investigating Sex Crime Cases in Bryan, Texas

Investigating sex crime cases often involves various law enforcement agencies, forensic experts, and specialized units dedicated to handling such cases. Evidence collection in sex crime investigations is multifaceted and may include the following:

  • DNA Evidence: DNA analysis plays a significant role in many sex crime investigations. Biological evidence such as semen, saliva, or blood may be collected from the crime scene or the victim’s body and subjected to forensic analysis to identify the perpetrator or establish a link between the accused and the crime.
  • Witness Statements: Testimony from witnesses, including the victim, bystanders, or individuals with relevant information, can provide crucial insights into the circumstances surrounding the alleged offense. Witness statements are collected through interviews, depositions, or statements given to law enforcement officers.
  • Digital Data: In cases involving online solicitation of minors, possession or distribution of child pornography, or other cybercrimes, digital evidence plays a vital role. This may include electronic communications, social media activity, browsing history, or files stored on electronic devices.

A thorough investigation is essential in sex crime cases to ensure the accuracy and reliability of the evidence collected. However, the validity of evidence can be called into question for various reasons, including mishandling, contamination, or procedural errors. An experienced attorney focusing on sex crime defense understands the complexities of forensic evidence and knows how to challenge evidence that may be flawed or obtained improperly.

How Can a Lawyer Help Challenge Sex Crime Allegations?

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In sex crime cases, several common defense strategies are often employed to challenge the allegations and protect the rights of the accused. An attorney may challenge evidence by:

  • Conducting Independent Analysis: Engaging forensic experts to conduct independent analyses of DNA evidence or digital data to verify the accuracy of the findings and identify any discrepancies or inconsistencies.
  • Cross-Examining Witnesses: Thoroughly cross-examining witnesses, including forensic experts, law enforcement officers, and eyewitnesses, to expose any inconsistencies, biases, or lapses in their testimony.
  • Filing Motions to Suppress Evidence: Filing motions to suppress evidence obtained through illegal search and seizure or other violations of the defendant’s constitutional rights. If evidence was collected unlawfully, it may be deemed inadmissible in court.
  • Presenting Alternative Explanations: Presenting alternative explanations or hypotheses that cast doubt on the prosecution’s interpretation of the evidence and raise reasonable doubt about the defendant’s guilt.

Potential Defenses to Sex Crime Charges

  • Consent: Arguing that sexual activity occurred with the mutual agreement and consent of all parties involved. This defense asserts that the alleged victim willingly participated in the sexual encounter and did not express unwillingness or resistance.
  • Mistaken Identity: Asserting that the accused was mistakenly identified as the perpetrator of the alleged sex crime. This defense may involve presenting evidence to show that someone else committed the offense or that the identification of the accused was flawed or unreliable.
  • Lack of Evidence: Challenging the prosecution’s evidence and arguments by highlighting inconsistencies, contradictions, or gaps in the case against the accused. This defense strategy aims to create reasonable doubt about the defendant’s guilt by questioning the reliability and credibility of the evidence presented.
  • False Accusations: Alleging that the accusations of sexual misconduct are fabricated or motivated by ulterior motives, such as revenge, jealousy, or coercion. This defense involves presenting evidence to demonstrate the lack of credibility or reliability of the accuser’s claims.

Each sex crime case is unique, and the effectiveness of defense strategies depends on the specific circumstances and evidence involved. Therefore, crafting a personalized defense strategy tailored to the individual case is essential.

Experienced sex crime attorneys understand the complexities of these cases and work closely with their clients to develop strategic defense approaches aimed at achieving the best possible outcome, whether through exoneration, reduction of charges, or mitigation of penalties. Skilled attorneys play a critical role in safeguarding justice and ensuring fair treatment for individuals accused of sex crimes.

Contact the Law Office of Shane Phelps to Talk to a Sex Crimes Lawyer

If you are facing the daunting reality of a sex crime charge in Bryan, Texas, the Law Office of Shane Phelps stands ready to provide you with the seasoned legal representation and compassionate support you need during this challenging time. With years of experience defending individuals against a wide range of sex crime allegations, our dedicated team understands the complexities and sensitivities involved in these cases.

We recognize the profound impact that such charges can have on your life, reputation, and future, which is why we are committed to fighting tirelessly on your behalf. Whether advocating for your innocence in court or negotiating skillfully on your behalf during plea negotiations, we will always prioritize your rights, interests, and well-being.

Don’t wait another moment to seek the experienced legal representation you deserve. Contact the Law Office of Shane Phelps today and take the first step toward protecting your future. Call Shane Phelps Law today at 979-596-6843 or contact us online to schedule a free confidential consultation.

Shane Phelps

Shane Phelps

Lead Attorney

Reilly Garrett

Reilly Garrett

Attorney

Aaron Kleinschmidt

Aaron Kleinschmidt

Attorney

Case Results

How We’ve Helped Others In Your Shoes

Appellate Reversal and Dismissal

Murder x 2

State v. D.L.
2019

Sexual Assault

Dismissed

Wilson County v. T.M.
2024

Harassment

Dismissed

State v. D.C.
2022

Title IX

Accusation of Sexual Assault

Not responsible
State v. Z.M.
2023

Dismissed with Agreement to Immediately Expunge (on day of trial)

Attempted Theft $2,500-$30,000

Attempted Securing Execution of a Document by Deception
State v. G.M.
2023

Sexual Assault

Rejected after our investigation

Sexual Assault
Rejected after our investigation
State v. Z.M.
2023

Refused After Our Investigation

Prostitution (Class B)

Refused after our investigation 2014 (State v. I.I.)

Reduced to Class C Deferred Adjudication

Possession of a Controlled Substance

Penalty Group 3, less than 28 grams (Class A), Possession of Marijuana, less than two ounces (Class B) – Both reduced to Class C Deferred Adjudications, Expunction Pending 2015 (State v. D.O.)

Reduced to Misdemeanor Deferred Adjudication

Possession of a Controlled Substance

Penalty Group 2, less than one gram (State Jail Felony) – Reduced to misdemeanor Deferred Adjudication 2014, early termination of probation 2015 (State v. P.B.)

Reduced to Class C Deferred Adjudication

Criminal Mischief $500-$1500 (Class A)

Reduced to Class C Deferred Adjudication 2015 (State v. I.S.)

Dismissed

Possession of a Controlled Substance

Penalty Group 1, less than one gram (State Jail Felony) – Dismissed 2014 (State v. L.P.)

Refused Following Our Investigation

Possession of a Controlled Substance

Penalty Group 2, 4-400 Grams (2nd Degree); Three counts Misdemeanor controlled substance charges – Refused following our investigation; three misdemeanor charges to be dismissed. 2015 (State v. J.D.)

Dismissed

Possession of Marijuana

2-4 Ounces, Drug Free Zone (State Jail Felony) – Dismissed 2015 (State v. S.A.)

Negotiated pre-trial diversion on Class B

Possession of Marijuana

2-4 Ounces, Drug Free Zone (State Jail Felony) – Negotiated pre-trial diversion on Class B misdemeanor, seized vehicle and more than $15,000 recovered for client 2015 (State v. C.M.)

Dismissed

Possession of Child Pornography (Two Counts; 3rd Degree)

(Two Counts; 3 rd Degree) – Both counts Dismissed, no sex offender registration 2015 (State v. B.M.)

Dismissed

Failure to Identify (Class B)

Dismissed, Expunction Pending 2015 (State v. L.W.)

Reduced to Misdemeanor Deferred Adjudication

Theft $1,500-$20,000 (State Jail Felony)

Reduced to Misdemeanor Deferred Adjudication 2014 (State v. K.J.)

Refused

Possession of False ID

Possession of False ID (Class A)/Minor in Possession (Class C) – Class A Refused and MIP Dismissed 2015 (State v. B.B.)

Refused Following Our Investigation

Furnishing Alcohol to a Minor (Class A)

Refused following our investigation 2015 (State v. M.G.)

Refused Following Our Investigation

Manufacture/Delivery of a Controlled Substance

Penalty Group 1A, 4-400 Grams (1st Degree) – Refused following our investigation 2015 (State v. R.A.)

Refused Following Our Investigation

Tampering with Evidence (3rd Degree)

Refused following our investigation 2015

No Billed by Grand Jury

Aggravated Assault w/Deadly Weapon/Bottle (2nd Degree)

No Billed by Grand Jury following our investigation 2014 (State v. G.H.)

Dismissed

Possession of a Controlled Substance

Possession with Intent to Deliver a Controlled Substance: Dismissed

Dismissed

Assault by Contact (Class C)

Dismissed 2014 (State v. A.M.)

Reduced to Misdemeanor Deferred Adjudication

Possession of a Controlled Substance

Penalty Group 2, less than one gram (State Jail Felony) – Reduced to misdemeanor Deferred Adjudication 2014 (State v. D.D.)

D.W.I Refused, POM Reduced

D.W.I (Class B); Possession of Marijuana

D.W.I (Class B); Possession of Marijuana under two ounces (Class B) – D.W.I refused, POM reduced to Class C Deferred Adjudication 2014 (State v. P.D.G.)

Dismissed

Assault on Peace Officer (3rd Degree)

Harassment of a Public Servant (3rd Degree) – Dismissed 2014 (State v. A.Y.)

Dismissed

Theft $20,000-$100,000 (3rd Degree)

Dismissed 2015 (State v. C.S.)

Reduced to Class C Deferred Adjudication

Possession of Marijuana

Possession of Marijuana under two ounces (Class B) – Reduced to Class C Deferred Adjudication, expunction eligible 2015 (State v. S.P.)

All Charges Refused

Aggravated Kidnapping (1st Degree)

Aggravated Kidnapping (1st Degree), Sexual Assault of a Child (2nd Degree), Improper Visual Photography (State Jail Felony) – All charges refused after our investigation 2014 (State v. Z.H.)

Refused After Our Investigation

Tampering with Evidence (3rd Degree)

Refused after our investigation 2014 (State v. O.S.)

Refused After Our Investigation

Possession of a Controlled Substance

Penalty Group 2, 4-400 grams (2nd Degree) – Refused after our investigation 2014 (State v. D.B.L.)

Reduced to Class C Deferred Adjudication

Criminal Trespass to a Habitation (Class B)

Reduced to Class C Deferred Adjudication 2013 (State v. J.K.)

Reduced to Class C Deferred Adjudication

Altered Handicapped Placard (Class A)

Reduced to Class C Deferred Adjudication, expunged 2013 (State v. L.W.)

All Charges Dismissed

D.W.I. (Class B)

D.W.I. (Class B), Unlawfully Carrying a Weapon (four counts, Class A), Possession of Marijuana under two ounces (class B), Possession of a Dangerous Drug (Class A) – All charges dismissed except POM deferred adjudication with agreement for expunction; all weapons recovered for client. 2013 (State v. K.Y.)

Case Dismissed

Criminal Trespass – Property

Criminal Trespass – Property

Both Charges Dismissed

2 Counts of Aggravated Assault

2 Counts of Aggravated Assault

Motion to Adjudicate Dismissed

Motion to Adjudicate on Possession of Marijuana 4oz. – 5 lbs

Motion to Adjudicate on Possession of Marijuana 4oz. – 5 lbs

Evidence Suppressed

Murder/Aggravated, Robbery/Prohibited Weapon
State v. S.S.
2022

Refused After Our Investigation

Theft (State Jail Felony)

Refused after our investigation 2015 (State v. S.K.)

Reduced to Class C Misdemeanor

Theft $50-$500 (Class B)

Theft $50-$500 (Class B) – Reduced to Class C Misdemeanor Deferred Adjudication 2015 (State v. P.C.)

Reduced to Class C Misdemeanor

Criminal Trespass to Habitation (Class A)

Reduced to Class C Misdemeanor Deferred Adjudication (Pending expunction) (State v. W.A.)

Reduced to Misdemeanor

Burglary of a Habitation (2nd Degree)

Reduced to Misdemeanor 2014 (State v. P.M.)

Dismissed

Motion to Adjudicate/Burglary of a Building (State Jail Felony)

Dismissed 2015 (State v. B.R.)

Reduced to Misdemeanor Deferred Adjudication

Aggravated Assault w/Deadly Weapon/knife (2nd Degree)

Reduced to Misdemeanor Deferred Adjudication 2015 (State v. P.M.)

Dismissed

Aggravated Assault w/Deadly Weapon/knife (2nd Degree)

Dismissed 2013 (State v. M.N.)

Dismissed

Aggravated Sexual Assault of a Child (1st Degree)

Dismissed 2014 (State v. C.L.)

Not Guilty by Jury

Indecency w/Child by Contact (2nd Degree)

Not Guilty by jury 2013 (State v. J.Z.)

Dismissed

Aggravated Assault/Deadly Weapon/Peace Officer

Dismissed 2015 (State v. A.H.)

Negotiated Deferred Prosecution on lesser charge

Aggravated Sexual Assault of a Child/Juvenile

Negotiated Deferred Prosecution on lesser charge, no sex offender registration 2015 (In the Matter of R.C.)

Refused After Our Investigation

Sexual Assault (2nd Degree)

Refused after our investigation 2015 (State v. T.G.)

Dismissed at Trial

Aggravated Robbery (1st Degree)

Dismissed at trial 2015 (State v. J.M.)

Dismissed at Trial

Assault/Family Violence (Class A)

Dismissed at trial 2015 (State v. N.G.)

Acquitted

Indecency with a Child

Acquitted by jury

Acquitted

Indecency with a Child

Acquitted by jury

Quashed and Dismissed

Fleeing a Police Officer

Quashed and dismissed

Reduced

Driving While License Suspended

Reduced to Class C Misdemeanor deferred

Sentence Reversed

Possession of a Firearm by a Felon

15-year sentence reversed on Motion for New Trial

Refused After Our Investigation

Aggravated Assault w/Deadly Weapon/firearm (2nd Degree)

Refused after our investigation 2015 (State v. G.B.)

Dismissed

Aggravated Assault w/Deadly Weapon (2nd Degree)

Dismissed 2015 (State v. S.M.)

Reduced to Class C Deferred Adjudication

Theft $50-$500 (Class B)

Reduced to Class C Deferred Adjudication, Expunction Pending 2015 (State v. M.D.)

Negotiated Misdemeanor Pre-Trial Diversion

Possession of a Controlled Substance

Penalty Group 1, less than a gram, Drug Free Zone (3rd Degree); Possession of Marijuana under two ounces, Drug Free Zone (Class A) – Negotiated misdemeanor pre-trial diversion with agreement for expunction 2015 (State v. L.L.)

Dismissed

Possession of a Controlled Substance, Penalty Group 2, less than a gram (State Jail Felony)

Penalty Group 2, less than a gram (State Jail Felony) – Dismissed 2015 (State v. C.F.)

Reduced to non-aggravated Manslaughter charge

Murder (1st Degree)

Reduced to non-aggravated Manslaughter charge (2nd Degree), 8 years 2014 (State v. B.S.)

Dismissed

Burglary of a Vehicle (Class A)

Dismissed 2015 (State v. R.R.)

Reduced to Class C Deferred Adjudication

Possession of Marijuana (Class B)

Reduced to Class C Deferred Adjudication, Expunction Pending 2015 (State v. J.H.)

Refused After Our Investigation

Unlawfully Carrying a Weapon (Class A)

Refused after our investigation; arrest expunged 2015 (State v. G.S.)

Reduced to Class C Deferred Adjudication

Possession of Marijuana (Class B)

Reduced to Class C Deferred Adjudication, Expunction Pending 2015 (State v. B.C.)

Refused after our investigation

Assault/Family Violence (Class A)

Assault/Family Violence (Class A) – Refused after our investigation 2015 (State v. V.K.)

Dismissed

Sexual Assault of a Child (2nd Degree)

Sexual Assault of a Child (2nd Degree) – Dismissed at trial 2015 (State v. J.J.)

Reduced to Class C Deferred Adjudication

Theft $50-$500 (Class B)

Reduced to Class C Deferred Adjudication, Expunction pending 2015 (State v. A.B.)

Refused After Our Investigation

Criminal Mischief $1,500 – $20,000 (State Jail Felony)

Refused after our investigation 2015 (State v. J.W.)

Refused After Our Investigation

Assault/Family Violence (Class A)

Refused after our investigation 2015 (State v. D.K.) Expunged 2015.

Reduced to Class C

Theft $50-$500 (Class B)

Reduced to Class C Deferred Adjudication 2015 (State v. R.R.) (Pending Expunction)

Reduced to Class A Misdemeanor Assault

Aggravated Assault w/Deadly Weapon/Bottle (2nd Degree)

Reduced to Class A Misdemeanor Assault 2015 (State v. C.F.)

Refused after our investigation

Aggravated Assault w/Deadly Weapon/handgun (2nd Degree)

Refused after our investigation 2015 (State v. W.M.)

Not Guilty Verdict

Not Guilty Verdict

Aggravated Robbery/Murder x2
2023
State v. M.R.

Found Not True

Motion to Adjudicate/Felony Assault Family Violence (3rd Degree)

Found Not True by Court after contested hearing 2013 (State v. R.R.)

Not Guilty Verdict

Not Guilty Verdict

Aggravated Assault with a Deadly Weapon
2023
State v. T.H.

Dismissed

Aggravated Assault

Aggravated Assault with a Deadly Weapon
Brazos County
State v. J.M.

Dismissed

Evading Arrest with a Vehicle (3rd Degree)

State v. J.E.
Evading Arrest with a Vehicle (3rd Degree)
Dismissed
Milam County

What You Need to Know

Shane’s Top Ten Rules

Avoid Trouble at A&M, Blinn, & Beyond
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