San Antonio Indecent Assault Charges: Your Guide to Defense and Protecting Your Future

Understanding the Serious Nature of Indecent Assault in Texas

In Texas, an accusation of Indecent Assault under Texas Penal Code § 22.012 is a serious criminal allegation that carries consequences far beyond its classification as a misdemeanor. This offense involves non-consensual, sexually motivated touching or exposure, falling into a distinct legal category separate from sexual assault. At Barton & Associates, Attorneys at Law, we understand that these charges often arise from complex, highly personal situations where intent and consent are fiercely contested. An arrest can trigger immediate personal and professional turmoil—damage to your reputation, strain on family relationships, and potential jeopardy to your career—even before your day in court. While the statutory penalties may seem limited compared to felonies, the real-world impact of a conviction on your life, livelihood, and future can be profound and lasting. Securing an experienced legal defense is not just advisable; it is essential to protecting your rights and your good name.

It is a common and dangerous misconception to view a misdemeanor charge as a minor legal issue. The state of Texas prosecutes indecent assault allegations aggressively, and the social stigma attached to any sex-related conviction is severe and enduring. A mark on your criminal record for this offense can hinder employment opportunities, professional licensing, housing applications, and educational prospects for years to come. Furthermore, these cases are often prosecuted based largely on the testimony and perception of the accusing witness, making the defense strategy you choose absolutely critical to the outcome. At Barton & Associates, we provide the aggressive, knowledgeable defense necessary to navigate these sensitive and high-stakes allegations.

Defining Indecent Assault Under Texas Penal Code § 22.012

Texas law defines indecent assault as knowingly, with intent to arouse or gratify the sexual desire of any person, engaging in any of the following acts without the other person’s consent:

• Engaging in sexual contact with another person, including touching the anus, breast, or any part of the genitals of another person.
• Causing the exposure of any part of another person’s anus, breast, or genitals.
• Causing another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person.

Key Elements of the Crime: For the prosecution to secure a conviction, they must prove two core elements beyond a reasonable doubt:

• Lack of Consent: The act was committed without the victim’s consent. Consent must be voluntary and can be withdrawn at any time.
• Specific Sexual Intent: The defendant acted with the intent to arouse or gratify the sexual desire of any person. This subjective intent is what differentiates a criminal act from accidental or incidental contact.

Common scenarios that may lead to an indecent assault charge include allegations of unwanted groping or fondling, forced kissing, intentional exposure, or any other inappropriate sexual contact that does not rise to the level of penetration required for sexual assault.

Penalties and Consequences of an Indecent Assault Conviction

Under Texas law, indecent assault is generally prosecuted as a Class A misdemeanor. The direct penalties upon conviction include:

• Incarceration: Up to one year in county jail.
• Fines: A fine not to exceed $4,000.

However, the indirect and collateral consequences are often more damaging and longer-lasting:

• Permanent Criminal Record: A conviction will appear on background checks conducted by employers, landlords, and educational institutions.
• Loss of Firearm Rights: You will lose the right to possess a firearm for five years following a conviction.
• Professional Licenses: A conviction can lead to the suspension or revocation of professional licenses (e.g., nursing, teaching, law, real estate).
• Social Stigma and Reputational Harm: The label of a sex-related offense can devastate personal relationships and community standing.
• Immigration Consequences: For non-citizens, a conviction can lead to deportation, removal, or denial of citizenship.

Crucially, a conviction for indecent assault under PC § 22.012 does NOT trigger mandatory registration as a sex offender in Texas. This is a critical distinction from other sex crimes, but it does not diminish the seriousness of the charge.

Related Offenses: Indecent Exposure and Public Lewdness

Indecent assault charges are frequently accompanied by or confused with related offenses. Understanding these distinctions is vital for your defense.

• Indecent Exposure (Texas Penal Code § 21.08): A person commits this Class B misdemeanor if they expose their anus or any part of their genitals with intent to arouse or gratify the sexual desire of any person, and are reckless about whether another person is present who will be offended or alarmed. Penalties include up to 180 days in jail and a $2,000 fine.
• Public Lewdness (Texas Penal Code § 21.07): A person commits this Class A misdemeanor if they engage in sexual intercourse or deviate sexual intercourse in a public place, or are reckless about whether they are in a public place or whether another is present who will be offended or alarmed. Penalties include up to one year in jail and a $4,000 fine.

While separate, these charges can be filed alongside indecent assault, and a comprehensive defense strategy must address all allegations.

Building Your Defense: Strategies We Employ at Barton & Associates

An indecent assault charge is a battle over facts, intent, and credibility. At Barton & Associates, we draw on our experience as former prosecutors to build a powerful, multi-faceted defense tailored to the specific facts of your case. Our approach focuses on creating reasonable doubt by challenging the prosecution’s ability to prove every essential element.

1. Challenging the Element of Intent

Since indecent assault is a crime of specific intent, one of our most effective defenses is to demonstrate that you lacked the intent to arouse or gratify sexual desire. We achieve this by:

• Arguing that the contact was accidental or incidental (e.g., in a crowded space).
• Presenting evidence that the contact had a non-sexual purpose, such as in a medical context, during athletic activity, or as part of a consensual interaction that was misconstrued.

Highlighting the absence of any verbal or physical behavior that would indicate sexual intent.

2. Asserting Consent or Mistake of Fact

In some cases, the defense may center on the issue of consent. We may present evidence that:

• The touching was, in fact, consensual. This can involve analyzing communication (texts, emails) and witness testimony about the relationship and interaction between the parties.
• You reasonably believed you had the other person’s consent based on the circumstances and your prior interactions.

3. Attacking the Credibility of the Allegation

Many indecent assault cases hinge on the word of one person against another. We conduct a thorough investigation to uncover:

• Ulterior Motives: Whether the allegation stems from jealousy, revenge, anger (e.g., after a relationship ends), or an attempt to gain advantage in a child custody or divorce proceeding.
• Inconsistencies: We meticulously compare all statements made by the accuser to police, prosecutors, and others to identify contradictions or changes in the story.
• Bias or False Memory: We explore whether the accuser’s perception or memory of the event is unreliable.

4. Scrutinizing the Evidence and Police Procedure

We leave no stone unturned in reviewing the state’s case. This includes:

• Filing Motions to Suppress: If law enforcement violated your constitutional rights during the investigation—through an unlawful stop, search, or seizure—we fight to have any illegally obtained evidence thrown out.
• Challenging Insufficient Evidence: If the state’s case rests entirely on uncorroborated testimony without physical, digital, or witness evidence, we file motions arguing the case should be dismissed for lack of proof.

Why Choosing Barton & Associates Makes the Difference

When your reputation and future are on the line, the experience of your legal counsel is paramount. Our firm, led by former Texas felony prosecutors, provides a distinct strategic advantage:

• Former Prosecutorial Insight: We have firsthand experience building and arguing these cases for the state. This gives us an invaluable perspective on the tactics, weaknesses, and pressures within the prosecution’s office, allowing us to anticipate their strategy and craft a more effective counter-defense.
• Trial-Ready Advocacy: We prepare every case as if it will go to trial. This thorough preparation not only ensures we are ready to defend you before a judge or jury but also strengthens our position in pre-trial negotiations, often leading to more favorable outcomes.
• Compassionate, Discreet Representation: We understand the deep personal stress these charges cause. We provide clear communication, relentless advocacy, and discreet handling of your case to protect your privacy throughout the legal process.

Take Immediate Action to Protect Your Rights

If you are under investigation or have been charged with indecent assault, your actions in the immediate aftermath are critical. Do not speak to law enforcement investigators or prosecutors without an attorney present. Anything you say can be misconstrued and will be used against you. Politely but firmly state that you wish to remain silent and that you want an attorney.

Contact Barton & Associates today at 210-500-0000 for a confidential and urgent case evaluation. Our experienced San Antonio criminal defense attorneys will immediately begin working to protect your rights, investigate the allegations, and develop a powerful defense strategy aimed at preserving your freedom and your future.

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