Facing Sex Crimes with a Minor Charges in San Antonio: Your Essential Defense Guide

The Overwhelming Stakes of an Allegation Involving a Minor in Texas

An investigation or charge for a sex crime involving a minor is one of the most serious and terrifying legal situations an individual can face in Texas. The allegations alone carry a profound social stigma that can instantly dismantle your reputation, career, and family life long before a single piece of evidence is presented in court. At Barton & Associates, Attorneys at Law, we understand the uniquely devastating nature of these cases. We are here to deliver more than just legal representation; we provide a strategic, aggressive defense from the moment you contact us. These charges, including Aggravated Sexual Assault of a Child, Continuous Sexual Abuse, and Indecency with a Child, are prosecuted with the full force of the state, often based on complex testimony and emotionally charged narratives. Your future, your freedom, and your name depend on taking immediate and decisive action with a legal team that possesses the specific experience to confront these allegations head-on.

The penalties under Texas law are severe and life-altering. Convictions carry the certainty of lengthy mandatory prison sentences in the Texas Department of Criminal Justice, often ranging from decades to life. Beyond incarceration, a conviction mandates lifetime registration as a sex offender, a permanent public status that dictates where you can live, work, and exist within your community. The collateral consequences—the irreversible loss of parental rights, professional licenses, and any semblance of a normal life—are equally punitive. In this high-stakes arena, securing a defense team with former prosecutorial experience in these very cases is not an advantage; it is an absolute necessity for your survival.

Understanding the Specific Charges and Penalties Under Texas Law

Texas law categorizes offenses involving minors with precise, severe statutes. Each charge has distinct elements the state must prove and carries its own set of daunting penalties. Understanding the allegations against you is the first critical step in building an effective defense.

Aggravated Sexual Assault of a Child (Texas Penal Code § 22.021)

This is the most serious charge, classified as a first-degree felony. It involves specific sexual acts—such as penetration of a child’s anus or sexual organ by any means, or causing a child’s mouth to contact a sexual organ—coupled with “aggravating” factors. These factors include the victim being under 14 years of age, the use or exhibition of a deadly weapon, causing serious bodily injury, or threatening death or kidnapping. The punishment range is 5 to 99 years or life in prison, with no possibility of probation from a jury if the victim is under six.

Sexual Assault of a Child (Texas Penal Code § 22.011)

This is typically a second-degree felony (2 to 20 years in prison) and involves the same prohibited sexual acts but without the “aggravating” factors required for the first-degree charge. A narrow affirmative defense exists if the accused was not more than three years older than a victim who was 14 or older at the time of the offense.

Continuous Sexual Abuse of a Young Child (Texas Penal Code § 21.02)

This charge is designed for situations where the state alleges two or more acts of sexual abuse occurred over 30 or more days against a child under 14. It is a first-degree felony with a punishment range of 25 to 99 years or life in prison, and notably, the jury cannot recommend probation. This statute prevents the defense from challenging the state to specify which individual act it is relying on for conviction, making the defense more complex.

Indecency with a Child (Texas Penal Code § 21.11)

This offense can be charged in two ways:

• Indecency with a Child by Contact (e.g., touching for sexual gratification): A second-degree felony (2 to 20 years in prison).
• Indecency with a Child by Exposure: A third-degree felony (2 to 10 years in prison).

Improper Relationship Between Educator and Student (Texas Penal Code § 21.12)

This statute criminalizes sexual contact or intercourse between a school employee and any student enrolled in a primary or secondary school, regardless of the student’s age. It is a second-degree felony (2 to 20 years in prison).

Here is the gravity of these charges at a glance:

• Aggravated Sexual Assault of a Child: First-Degree. 5 to 99 years or Life. Victim under 14 is itself an aggravating factor.
• Continuous Sexual Abuse of a Child: First-Degree. 25 to 99 years or Life. Requires 2+ acts over 30+ days; no jury probation.
• Sexual Assault of a Child: Second-Degree. 2 to 20 years. Affirmative defense if close-in-age (3 yrs) to a victim 14+.
• Improper Educator Relationship: Second-Degree. 2 to 20 years. Applies regardless of student’s age if enrolled.
• Indecency with a Child by Contact: Second-Degree. 2 to 20 years. Requires touching for sexual gratification.
• Indecency with a Child by Exposure: Third-Degree. 2 to 10 years. Exposure with intent to arouse or gratify.

Our Proactive Defense Strategy: Investigation, Challenge, and Prevail

At Barton & Associates, we do not wait for the state’s case to come to us. Led by Former Texas Felony Prosecutors, we initiate a proactive, multi-front defense from day one. We understand the playbook used by the prosecution because we have written it ourselves. Our strategy is built on urgency, meticulous investigation, and relentless challenge.

1. Immediate Investigation and Evidence Preservation

The single most important phase of your defense begins now. Memories fade, digital evidence is lost, and witnesses become influenced. Our team immediately launches an independent investigation to:

• Secure and analyze all relevant communications (texts, emails, social media).
• Identify and interview potential witnesses while their recollections are fresh.
• Consult with medical, psychological, and forensic experts to scrutinize the state’s scientific claims.
• Preserve any physical or alibi evidence that supports your account of events.

2. Challenging the Credibility and Consistency of the Allegations

These cases often hinge on the testimony of the minor and other witnesses. We conduct a microscopic examination of every statement, timeline, and interaction to expose inconsistencies, biases, or improper influences. We investigate potential motives for false allegations, which can arise from familial disputes (such as bitter child custody battles), adolescent fantasy, misunderstanding, or outright malice. Our goal is to demonstrate that the accusations lack the reliability required for a criminal conviction.

3. Rigorously Examining the Legal and Factual Sufficiency

We attack the state’s case on its legal merits. This involves filing pre-trial motions to challenge:

• Illegal Searches and Seizures: Was any evidence obtained in violation of your Fourth Amendment rights?
• Coerced or Unreliable Statements: Were your rights under Miranda v. Arizona violated? Was the child’s statement elicited through suggestive or improper interviewing techniques by law enforcement or social workers?
• Lack of Specificity: In cases like Continuous Sexual Abuse, we challenge the state’s inability to provide specific details of the alleged offenses, as required for a fair defense.

4. Exploring All Affirmative Defenses

Depending on the facts, we may assert legally recognized defenses. These can include establishing an alibi, demonstrating that you were falsely accused due to mistaken identity or malice, or, in the narrow circumstance of Sexual Assault of a Child, proving the “close-in-age” defense if applicable. Our former prosecutorial experience is invaluable in knowing which defenses will be most effective before Texas judges and juries.

The Barton & Associates Advantage: Former Prosecutors Fighting for You

When your life is on the line, you need more than a lawyer; you need an advocate who has stood in the courtroom and prosecuted these exact cases. Our team of Former Texas Felony District Attorneys and Prosecutors provides an unmatched strategic advantage:

• Insider’s Perspective: We know how the state builds its case, what evidence they prioritize, and where their strategies are most vulnerable. We anticipate their moves and counter them effectively.
• Trial-Tested Tenacity: We have taken these sensitive, difficult cases to verdict before juries. We are not intimidated by complex testimony or emotional appeals; we are prepared to dismantle the state’s narrative through skilled cross-examination and persuasive argument.
• Aggressive, Front-End Advocacy: We believe the work done in the first days and weeks following an allegation is what wins cases months or years later. We invest our resources immediately to build an unshakable foundation for your defense.

Your Next Step is Critical: Exercise Your Right to Silence and Counsel

If you are under investigation or have been charged, you must act now. Do not speak to police detectives, Child Protective Services, or anyone else about the allegations. Even an innocent explanation can be misconstrued. Politely but firmly state, “I will not answer any questions without my attorney present. I wish to speak with Barton & Associates, Attorneys at Law.”

Contact Barton & Associates immediately at 210-500-0000 for a confidential and urgent case evaluation. We will begin building your defense from the moment you call, protecting your rights and fighting for your future with the experience and determination these serious charges demand.

Main Category: Criminal Defense
Practice Area Category: Sex Crimes
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000