Plano Crimes Against Children Attorney

Crimes Involving Children Lawyer in Plano and Surrounding Areas

Have you been accused of a physical assault on a child, or worse yet, being inappropriate or sexual with a child or teenager? While most people would agree there is no worse crime that could be committed, there is also no worse accusation that could be wrongly made against a person. Although seeking advice or a defense can feel embarrassing or uncomfortable, criminal defense attorney Sarah Fox understands that often, families or children have ulterior motives in making these accusations and that those wrongly accused deserve a strong advocate to shed light on the ulterior motives of those seeking to destroy your life by such heinous accusations.

Even just the accusation of any crime against children, especially those of a sexual nature, can completely devastate someone’s life. Merely being arrested for a crime of sexual misconduct against a child or teen, even if the case is later dismissed, has the potential to stay on your record for the rest of your life. Furthermore, the consequences of a conviction of one of these crimes can include life imprisonment (in some instances without even the possibility of parole), expensive fines, burdensome probation, and anywhere from ten years to lifetime registration as a sex offender. Sex offender registration can control where you can live, who you can interact with, make it difficult to find relationships, and can damage an individuals’ reputation irreparably.

When facing the accusation of any crime against a child, now is the time to take action. Protecting yourself or a family member during this difficult time is critical and every minute wasted is another minute an experienced attorney could be mitigating the long-term damage to your life by false accusations. Don’t wait another instant to start a consultation with a crimes against children criminal defense attorney to discuss your situation and defend yourself from these serious charges.

Abandonment / Reckless Endangerment

A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.

If the person is found to have abandoned the child with the intent to return for it, the punishment for abandoning or endangering a child is a state jail felony, punishable by 6 months to 2 years in state jail and a fine. If the state finds there was no intent to return for the child, a third degree felony, punishable by 2-10 years in prison and a fine. However, the punishment for Abandoning a Child can be enhanced to a second degree felony if there is a finding that the abandonment puts the child in imminent danger of death, bodily injury, or physical or mental impairment. A second degree felony is punishable by 2-20 years in prison and a fine.

Injury to a Child

Parents can be charged with felony “Injury to a Child” for physical discipline or mistakes. Children are often injured in accidents caused by themselves or others, and yet parents, guardians, or caretakers might find themselves answering to a felony charge for an otherwise innocent injury.

Injury to a Child is a third-degree felony, and a plea of guilty or a conviction of this type of charge will not only affect your record permanently, it can affect your custodial rights if there is ever a custody dispute involving your children. As a mother herself, attorney Sarah Fox understands the extra emotional turmoil that comes with having your integrity and love as a parent challenged by law enforcement officials who know nothing about you or your family. Let her fight these accusations on your behalf to defend you not only as the accused but as a parent.

Injury to a Child Involving Serious Bodily Injury

If a prosecutor further alleges that you have caused an injury to a child that resulted in “serious bodily injury,” then you are charged with a first-degree felony that could result in life imprisonment.

You may think that you would never find yourself charged with an offense like this, but the truth of the matter is that an accident, a mistake, or a misunderstanding can easily lead to a gravely injured child. Medical professionals, child protective services, and law enforcement can be quick to jump to conclusions, and you or someone you love can suddenly be facing very serious consequences.

When a family already has a tragedy before them, confusing and complicated criminal charges are the ultimate stressor. From the moment a doctor, nurse, or police officer begin to question you about the tragedy you are enduring, it becomes imperative to have a seasoned child abuse attorney next to you to guide and protect you.

Sarah Fox understands all the complicated aspects of these cases, including CPS involvement, the importance of a medical expert, and the distress and difficulty that families are going through.

Sexual Assault of a Child

Any sexual assault act performed on a child (17 years of age or younger) is considered a sexual assault of a child. Consent is not a defense to this crime.

If you are three years of age (or less) older than the alleged victim, the law provides an affirmative defense to the crime. Keep in mind that even if you are less than three years of age away from the alleged victim, they can still claim they did not provide consent to the sexual act, in which case you could still be accused of sexual assault.

Aggravated Sexual Assault of a Child

In Texas, any sexual assault against a child under the age of fourteen is considered to be an “aggravated sexual assault of a child” (ASAC). There is no statute of limitations to bring these claims under the law, which means that years, or even decades could lapse between the alleged time of an incident, and the time that charges are brought forth. This can make it difficult, if not impossible, to prepare a defense without a very experienced attorney.

Continuous Sexual Assault of a Child

Texas law includes a separate, much more severe penalty for continuous sexual assault of a child. To be charged with this crime means that you have been accused of the following:

• Committing two or more sexual acts on a child under the age of fourteen at least thirty days apart from each other

• Under Texas law, those sexual acts are not limited to sexual intercourse but can include a wide range of acts including even inappropriate touching

Of note, this statute makes it extremely easy for prosecutors to bring this enhanced charge. The statute does not require that the sexual acts be in any particular proximity to each other (sex acts could have been years apart from each other). There is no requirement that the sex acts be performed on the same child (could be two different accusers) or even that both acts be committed in Texas. Prosecutors have great flexibility in proving the dates that the acts occurred.

In sum, Texas criminal law has made it extremely easy for individuals to make vague, unspecific accusations. Prosecutors take these accusations very seriously and generally attempt to prosecute them to the fullest extent under the law. The penalty for a conviction under this statute is a minimum of 25 years in prison with no possibility of parole.

Being represented by an attorney who understands this, and was once herself in the position to make charging and prosecuting decisions, will be invaluable to your defense. It is of utmost importance to understand all the options prosecutors have before them, and to have a warrior by your side that can keep up with unfair and sometimes overly aggressive tactics.

Sex Offender Registration

The consequences to taking a plea deal or being found guilty are far greater than the imprisonment or term of probation you might receive. The following table illustrates how many offenses in Texas carry lifetime registration as a consequence of conviction. It is imperative to select an attorney who is well versed in these consequences, and how it will change your life to comply with them.

Crimes Involving Children Attorney

The best legal defense for these types of offenses is selecting an aggressive, experienced lawyer. It is certainly an error to believe that false accusations will be cleared up on their own through “the system.”

Instead, the best defense is a proactive approach that can include investigating what actually happened during the years of the alleged incident, diligent persuasion of the prosecutors to drop charges, or a thorough and well prepared defense at jury trial.

Sarah Fox understands this and is ready and willing to fight to save your reputation and dignity. Schedule a consultation to discuss your situation today.