Indecent Assault Defense in Corpus Christi: Protecting Your Rights, Your Freedom, and Your Reputation

Indecent assault is a relatively new offense in Texas, enacted in 2021 to address non-consensual sexual contact that falls short of sexual assault. But make no mistake—this is a serious criminal charge with life-altering consequences. A conviction can result in jail time, significant fines, mandatory sex offender registration, and permanent damage to your reputation, your career, and your relationships. In Corpus Christi and throughout the Coastal Bend, indecent assault cases are investigated thoroughly and prosecuted aggressively. When your freedom, your reputation, and your future are on the line, you need a defense attorney who understands the gravity of the accusation and will fight to protect your rights at every stage.

At Barton & Associates, Attorneys at Law, we defend individuals throughout Corpus Christi and the Coastal Belt who are charged with indecent assault. Whether you are accused of unwanted touching or other non-consensual sexual contact, we provide the aggressive, knowledgeable representation you need to protect your rights and your future. With extensive experience in the Nueces County criminal courts, we guide our clients through every stage of the defense process.

Understanding Indecent Assault in Texas

Indecent assault is a relatively new offense, added to the Texas Penal Code in 2021 under Section 22.012. The offense was created to fill a gap in Texas law, addressing non-consensual sexual contact that does not meet the definition of sexual assault but goes beyond simple assault.

Elements of Indecent Assault

A person commits indecent assault if, without the other person’s consent, the person:

• Causes physical contact with another person’s intimate parts, or

• Causes another person to make physical contact with the actor’s intimate parts

“Intimate parts” are defined as the breasts, buttocks, or genitals of another person, or the clothing covering those areas.

The offense requires that the actor knew or should have known that the victim did not consent.

Comparison to Other Offenses

Indecent assault is distinct from both sexual assault and indecency with a child:

• Sexual assault requires penetration. Indecent assault does not.

• Indecency with a child involves a victim under 17. Indecent assault applies to victims of any age.

• Simple assault can involve offensive contact. Indecent assault specifically addresses contact with intimate parts.

Penalties for Indecent Assault

Indecent assault is a Class A misdemeanor, punishable by:

• Up to one year in county jail

• A fine of up to $4,000

However, the offense is enhanced to a state jail felony (180 days to 2 years in state jail) if:

• The actor has previously been convicted of indecent assault, or

• The actor is required to register as a sex offender under Texas law

Consequences of a Conviction

A conviction for indecent assault carries consequences that extend far beyond the criminal sentence:

Criminal Penalties

• Jail time: Up to one year in county jail (misdemeanor) or up to two years in state jail (felony enhancement)

• Fine: Up to $4,000

• Probation: Extended period of community supervision with strict conditions

Sex Offender Registration

Under Texas law, indecent assault is not automatically a registerable offense. However, a conviction for indecent assault can result in sex offender registration if:

• The actor has a prior conviction for certain sex offenses, or

• The court makes a finding that the offense was sexually motivated

In practice, many indecent assault convictions result in sex offender registration, particularly when the circumstances involve vulnerable victims or repeated conduct.

Professional Consequences

A conviction can affect:

• Professional licensing: Many licensing boards take these offenses seriously

• Employment: Many employers conduct background checks and may not hire individuals with these convictions

• Security clearance: For military personnel and government employees, a conviction can result in loss of security clearance

• Military career: For service members, a conviction can affect career advancement and retention

Personal and Family Consequences

• Child custody: A conviction can affect custody and visitation rights

• Reputation: The stigma of an indecent assault conviction can damage personal and professional relationships

• Housing: Landlords may deny rental applications

How Indecent Assault Charges Arise

Indecent assault charges typically arise in several contexts:

Misunderstood Interactions

What one person perceives as flirtatious or consensual touching may be perceived by another as unwanted. A touch on the breast, buttocks, or genitals—or even over clothing—can result in criminal charges.

Accusations from Former Partners

In the context of a breakup or divorce, a former partner may accuse the other of unwanted sexual contact. These accusations can be motivated by anger, revenge, or advantage in custody proceedings.

Allegations from Acquaintances

A casual encounter, a night out, or a social gathering can lead to allegations of unwanted touching. Alcohol may be a factor, complicating the issue of consent.

False Allegations

False allegations of indecent assault are not uncommon. Motives for false allegations may include:

• Divorce or child custody disputes

• Anger or revenge

• Fear of being accused of wrongdoing

• Mental health issues

• Attention-seeking behavior

Defending Against Indecent Assault Charges

A strong defense can mean the difference between a conviction and an acquittal. Common defense strategies include:

Consent

Consent is a complete defense to indecent assault. Your attorney may present evidence that:

• The alleged victim consented to the contact

• The alleged victim’s actions or words indicated consent

• There is evidence of prior consensual conduct between the parties

Challenging the Allegations

Your attorney may challenge:

• Whether the alleged contact occurred at all

• Whether the alleged contact involved intimate parts

• Whether the alleged victim’s account is credible

• Whether there are inconsistencies in the alleged victim’s statements

• Whether there were any witnesses who can corroborate your version of events

Lack of Knowledge

The offense requires that you knew or should have known that the other person did not consent. If you reasonably believed the contact was consensual, you may not be guilty.

False Allegations

If the allegations are false, your attorney can investigate and present evidence of:

• Inconsistencies in the alleged victim’s statements

• Motives to lie (divorce, custody disputes, jealousy)

• Witness testimony contradicting their account

• Evidence of prior false allegations

• Text messages, emails, or social media posts showing the alleged victim’s state of mind

Mistaken Identity

In some cases, the alleged victim may have identified the wrong person. Your attorney may present evidence that you were not present at the time and place of the alleged offense.

Insufficient Evidence

The state must prove each element of the offense beyond a reasonable doubt. Your attorney may challenge:

• Whether the evidence is sufficient to prove lack of consent

• Whether the evidence is sufficient to prove contact with intimate parts

• Whether witness testimony is credible

The Indecent Assault Case Process

Understanding the process can help you navigate your case:

Step 1: Investigation

Indecent assault cases may begin with a complaint to law enforcement. If you become aware of an investigation, it is critical to contact an attorney before speaking with investigators.

Step 2: Arrest

If law enforcement has probable cause, they will make an arrest. Bond conditions may include no contact with the alleged victim.

Step 3: Arraignment

At arraignment, you are formally advised of the charges and enter a plea (usually not guilty). The court sets bond conditions.

Step 4: Discovery

Your attorney obtains discovery from the prosecutor, including:

• Police reports

• Witness statements

• Alleged victim statements

• Text messages, emails, and social media communications

Step 5: Pre-Trial Motions

Your attorney may file pre-trial motions to suppress evidence or exclude prejudicial evidence.

Step 6: Negotiation

Your attorney negotiates with the prosecutor to seek a favorable resolution. Options may include:

• Dismissal of charges

• Reduction to a lesser offense (such as disorderly conduct)

• Deferred adjudication

• Pretrial diversion

Step 7: Trial

If no agreement is reached, the case proceeds to trial. You have the right to a jury trial. The state must prove each element of the offense beyond a reasonable doubt.

Frequently Asked Questions About Indecent Assault

What is indecent assault in Texas?

Indecent assault is a Class A misdemeanor that occurs when a person, without consent, causes physical contact with another person’s intimate parts (breasts, buttocks, or genitals) or causes the other person to make physical contact with the actor’s intimate parts.

What is the difference between indecent assault and sexual assault?

Sexual assault requires penetration. Indecent assault does not. Indecent assault addresses non-consensual sexual contact that falls short of sexual assault.

Do I have to register as a sex offender for indecent assault?

Indecent assault is not automatically a registerable offense. However, registration may be required if you have a prior sex offense conviction or if the court finds the offense was sexually motivated.

Can I go to jail for indecent assault?

Yes. Indecent assault is a Class A misdemeanor, punishable by up to one year in county jail. Enhanced offenses can result in state jail time.

What is consent under Texas law?

Consent is defined as assent in fact, whether express or apparent. Consent is not effective if given by a person who is under 17, mentally incapacitated, physically helpless, or unconscious. Consent can also be invalid if obtained by force, threat, or fraud.

What should I do if I am accused of indecent assault?

Do not speak to law enforcement without an attorney. Do not contact the alleged victim. Preserve any evidence that may be relevant, including text messages, emails, and social media communications. Contact an experienced criminal defense attorney immediately.

Can I get probation for indecent assault?

In some cases, probation may be available, particularly for first-time offenders and when the circumstances are mitigating. Deferred adjudication may also be an option.

How does indecent assault affect my professional license?

A conviction can affect professional licenses. Many licensing boards take these offenses seriously and may investigate and impose discipline based on criminal convictions.

Can a false accusation of indecent assault be defended?

Yes. False accusations can be defended by presenting evidence of inconsistencies, motives to lie, witness testimony, and communications that show the alleged victim’s state of mind.

Do I need an attorney for indecent assault charges?

Yes. Indecent assault charges can result in jail time, fines, and lasting consequences for your career and reputation. An experienced criminal defense attorney can help you understand your rights, challenge the evidence, and protect your future.

Why Barton & Associates Is the Right Choice for Your Defense

Indecent assault charges can have lasting consequences for your reputation, your career, and your future. At Barton & Associates, Attorneys at Law, we have extensive experience defending individuals against these charges in the Nueces County criminal courts.

Our attorneys understand the unique challenges of indecent assault cases—the importance of consent, the potential for false allegations, and the devastating consequences of a conviction. We work closely with our clients to investigate the facts, gather evidence, and develop a defense strategy tailored to the unique circumstances of each case.

We also understand that a false accusation can destroy an innocent person’s life. Our attorneys approach these cases with dedication, helping our clients navigate the legal system while protecting their rights, their reputation, and their future.

Protect Your Freedom and Your Future Today

If you are accused of indecent assault, your freedom, your reputation, and your future are on the line. A conviction can result in jail time, fines, and lasting consequences for your career and personal life. Do not wait. The decisions you make now will determine the outcome of your case.

Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you defend against indecent assault charges and protect your future.

Main Category: Criminal Defense Corpus Christi
Practice Area Category: Sex Crimes
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780