Facing Charges of Sexual Assault of a Minor in San Antonio? Your Defense Must Begin Now

Understanding the Overwhelming Gravity of These Allegations

In Texas, an allegation of Sexual Assault of a Minor is one of the most serious legal challenges imaginable. Charged under Texas Penal Code § 22.011, this offense carries not only the potential for decades in state prison but also a profound and permanent social stigma that can destroy your life before a trial even begins. At Barton & Associates, Attorneys at Law, we understand that these cases are emotionally charged, complex, and prosecuted with the full force of the state. We also firmly believe in the constitutional presumption of innocence and the absolute necessity of an aggressive, immediate defense. If you are under investigation or have been charged, your future depends on the swift, strategic action you take today.

The consequences of a conviction are catastrophic and extend far beyond the courtroom. You face a mandatory prison sentence of 2 to 20 years for a standard second-degree felony charge, with enhancements that can lead to life imprisonment. However, the most enduring punishment is often the mandatory lifetime registration as a sex offender. This public registry will dictate where you can live, work, and go, severing family ties, ending careers, and making a normal life impossible. The state’s aggressive approach to these cases means your defense cannot afford to be passive or delayed.

Deciphering the Legal Elements: What Texas Law Requires for a Conviction

To secure a conviction for Sexual Assault of a Child, the prosecution must prove every element of the offense beyond a reasonable doubt. A strategic defense challenges each of these pillars. The statute defines the offense as occurring when a person:

• Intentionally or knowingly causes the penetration of the anus or sexual organ of a child by any means.
• Causes the penetration of the mouth of a child by the sexual organ of the actor.
• Causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person.
• Causes the anus of a child to contact the mouth, anus, or sexual organ of another person.
• Causes the mouth of a child to contact the anus or sexual organ of another person.

Critically, the law states that it is no defense that the accused did not know the child’s age. The state must prove the sexual act occurred and that the victim was under 17 years of age. The narrow statutory defense, often called the “Romeo and Juliet” defense, applies only if the accused was not more than three years older than the victim and the victim was 14 years of age or older at the time. This limited exception underscores the need for an attorney who can navigate these rigid legal boundaries.

The Severe Penalties and Life-Altering Consequences

A conviction for Sexual Assault of a Child in Texas is typically a second-degree felony, punishable by 2 to 20 years in the Texas Department of Criminal Justice and a fine of up to $10,000. However, charges can be enhanced to a first-degree felony (5 to 99 years or life) under specific aggravating circumstances, such as the victim being under age 14, the use of a deadly weapon, or the threat of serious bodily injury.

The most devastating long-term consequence is the mandatory lifetime registration as a sex offender. This is not a choice; it is a legal requirement with draconian restrictions:

• Public Shaming: Your name, photo, address, and offense details are published on a publicly accessible state database.
• Residential Restrictions: You may be prohibited from living within a certain distance of schools, parks, and daycare centers.
• Employment Barriers: Countless professions, especially those involving children or requiring licenses, will be permanently closed to you.
• Social Ostracism: The stigma is permanent, affecting personal relationships and community standing.

These penalties make it clear: from the moment of allegation, you are fighting for your entire future.

Our Strategic, Multi-Faceted Defense Approach

At Barton & Associates, we employ a proactive, evidence-driven defense strategy crafted and led by former felony prosecutors. We do not wait for the state’s case to come to us; we immediately launch our own investigation to challenge their narrative at every point.

1. Immediate Investigation and Evidence Preservation

Time is the most critical factor. We act swiftly to:

• Secure all relevant digital evidence (text messages, social media histories, GPS data) before it is deleted or lost.
• Identify and interview potential witnesses while memories are fresh.
• Consult with medical and forensic experts to challenge the state’s interpretation of any physical evidence.
• Preserve alibi evidence that can account for your whereabouts.

2. Challenging the Credibility and Consistency of the Allegation

These cases often hinge on testimony. We meticulously analyze every statement from the alleged victim and witnesses for inconsistencies, contradictions, or signs of improper influence. We investigate potential motives for false allegations, which can arise from:

• Parental alienation or manipulation in bitter child custody disputes.
• Adolescent fantasy, exaggeration, or misunderstanding of events.
• Malicious intent for revenge, attention, or to gain advantage in another proceeding.

3. Rigorously Examining Interview Techniques and Procedures

A key area of defense is scrutinizing how the initial allegation was elicited. We examine whether interviews with the minor were conducted using suggestive or leading techniques that could implant or shape false memories. Law enforcement and child advocacy centers must follow specific protocols; deviations from these can form the basis for challenging the admissibility and reliability of the statements.

4. Asserting All Available Legal Defenses

Depending on the facts, we explore every viable defense, including:

• Misidentification: Arguing you are not the person who committed the act.
• Fabrication: Demonstrating the accusation is entirely invented.
• Consent (in very limited cases): For older minors, where the “Romeo and Juliet” close-in-age defense may apply.
• Alibi: Providing concrete evidence you could not have been present at the time of the alleged offense.

5. Challenging Illegal Searches and Coerced Statements

We file aggressive pre-trial motions to suppress evidence obtained in violation of your constitutional rights. If law enforcement conducted an unlawful search of your home, vehicle, or electronic devices, or if they violated your Miranda rights during questioning, we can argue to have that evidence thrown out, potentially crippling the state’s case.

The Barton & Associates Advantage: Former Prosecutors on Your Side

Facing these charges requires an attorney with specific, hard-won experience. Our firm, comprised of Former Texas Felony Prosecutors, provides a decisive strategic edge:

• Insider’s Knowledge: We know exactly how the state builds these cases, what evidence they prioritize, and where their strategies are most vulnerable. We anticipate their moves and counter them from day one.
• Trial-Tested Tenacity: We have stood in the courtroom and prosecuted these exact cases. We are not intimidated by the emotional weight of the allegations; we are prepared to defend you with skill, composure, and relentless advocacy before a jury.
• Immediate, Aggressive Action: We understand that the investigation phase is where cases are won or lost. We begin building your defense immediately, preserving evidence and creating a powerful counter-narrative before the state’s case solidifies.

Your Next Move is Critical: Protect Your Rights Immediately

If you are under investigation or have been charged, you must not delay. Do not speak to police detectives, Child Protective Services investigators, 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