Sexual Assault of a Child Defense Lawyer in Texas

For anyone searching for a sexual assault of a child defense lawyer in Texas, the first step is understanding the charge. Sexual assault of a child is a felony, and the penalties can be severe. This page explains what the offense means, how these cases move through Texas courts, and what a defense involves. Barbieri Law Firm, based in Frisco, defends people accused of sex crimes and assaultive offenses in Collin County, across Dallas-Fort Worth, and throughout Texas.

What Sexual Assault of a Child Means Under Texas Law

Sexual assault of a child is a felony that covers certain sexual contact or penetration with a child younger than 17. Under Texas Penal Code § 22.011, a “child” is anyone younger than 17. Texas courts have held that the accused’s belief about the child’s age is not a defense to this charge (for example, Fleming v. State, Tex. Crim. App. 2014).

The statute covers several kinds of conduct. It includes penetration of a child’s anus or sexual organ by any means, and penetration of a child’s mouth by the accused’s sexual organ. It also includes causing a child’s sexual organ or anus to contact the mouth, anus, or sexual organ of another person, and causing a child’s mouth to contact the anus or sexual organ of another person. The accused must act intentionally or knowingly.

Sexual assault is a second-degree felony in many cases. The statute also makes it a first-degree felony in certain listed situations. That means the grade must be checked against the exact allegations, not assumed from the headline charge.

An accusation is not a conviction. We review the evidence behind each part of the accusation and explain what it does and does not show. Knowing the elements is the starting point for any defense.

Who This Defense Is For

A sexual assault of a child defense is for adults who have been accused, are under investigation, or have received notice of a grand jury proceeding. It is also for the parents, spouses, and relatives trying to understand the charge for someone they love.

Common situations include:

• An adult charged after an outcry, a report to a school or Child Protective Services, or a police interview.
• Parents, spouses, and relatives of someone who is under investigation.
• Cases built on delayed outcry, disputed memories, family conflict, or a custody dispute.
• Readers who need to understand the charge before deciding whether to speak with police.

The first days after an accusation often matter most. Statements made early, before anyone reviews the file, can shape the case later. Many people also talk about the allegation with others or post about it online, which can create new problems. The National Registry of Exonerations collects detailed information about known exonerations in the United States, including the factors that contributed to each wrongful conviction. That research is one reason early, careful review matters.

What a Defense of This Charge Covers

A defense starts with the exact allegations and the evidence the State has. It then builds from the facts of the file. Every case is different, so the work changes with the record. A defense of this charge often includes:

• Review of the charging papers, the probable cause affidavit, and the timeline the State claims.
• Review of forensic interview recordings, including Children’s Advocacy Center interviews, medical records, and outcry witness statements.
• Investigation of where and when the events are said to have happened, including witnesses, digital records, texts, and social media messages.
• Evaluation of how reliable each statement is, including questions about memory, age, and how the account developed over time.
• Checking whether any statutory defense applies to the facts.
• Negotiation with the prosecutor, pretrial motions, and trial preparation when a case must go to trial.

How These Cases Typically Move Through the Courts

Most cases move from investigation to release conditions, then to pretrial work, and finally to a resolution. That resolution may be a plea, a dismissal, or a trial. Timelines vary by county, court, and case. The usual path looks like this:

1. Investigation. Police interview witnesses and the accused, and gather recordings and records. The first choices about speaking with police matter here.
2. Charging and release. The case may begin with a grand jury or magistrate step. Bond conditions apply, and breaking them can create new problems.
3. Discovery. The defense receives the State’s evidence, including recordings and forensic reports. This stage can take months.
4. Pretrial motions and negotiation. The defense may challenge evidence and discuss options with the prosecutor, including alternative resolutions.
5. Trial or resolution. The case ends in a plea, a dismissal, or a trial, depending on the evidence and the facts.

No particular result can be predicted at the outset. Each stage depends on what the evidence shows.

What Is at Stake: Penalty Ranges and Related Charges

A second-degree felony carries 2 to 20 years in prison and a fine of up to $10,000. A first-degree felony carries life or 5 to 99 years in prison, with a fine of up to $10,000. Some related offenses, such as continuous sexual abuse of a young child, carry a higher minimum, as described below.

Readers often see related charges on the same paperwork:

• Aggravated sexual assault (§ 22.021) is a first-degree felony. Under Texas Penal Code § 22.021(f), a 25-year minimum prison term applies when the alleged victim was younger than 6, or younger than 14 if the offense involved one of the aggravating circumstances listed in the statute.
• Continuous sexual abuse of a young child (§ 21.02) requires two or more acts of sexual abuse over a period of 30 or more days. The victim must be a child younger than 14 or a disabled individual. It is a first-degree felony punishable by life in prison or 25 to 99 years, with a 25-year minimum. The jury must agree that two or more acts occurred over 30 days, but jurors need not agree on which specific acts or the exact dates.
• Indecency with a child (§ 21.11) covers sexual contact, including touching through clothing with intent to arouse or gratify sexual desire. Sexual contact is a second-degree felony. Exposure offenses are third-degree felonies.

The statute also includes narrow affirmative defenses, such as the accused being the child’s spouse. Other defenses depend on specific age and conduct conditions. These are fact-specific, so they must be checked against the record. A conviction can also bring consequences beyond prison and fines, and those must be reviewed for each case.

Why Heather Barbieri Defends These Charges

Heather Jean Barbieri leads the firm’s criminal defense work. Her certification is stated as follows:

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization.

Barbieri Law Firm is an all-women criminal defense firm based in Frisco, Texas. Its work centers on people accused of sex crimes and assaultive offenses. That includes cases in Collin County, Dallas-Fort Worth, and across Texas.

In practice, the firm reviews the charge, the recordings, and the records with you in plain language. It explains the options that fit your facts. That review is the core of the work.

No lawyer can promise a particular outcome. What any lawyer can do is review the evidence, explain the law, and lay out the choices. This certification is personal to Heather Jean Barbieri and is not a statement about the firm as a whole.

Questions Families Ask About Sexual Assault of a Child Charges

Most questions come down to the evidence, the process, and what happens next. Short answers follow.

Can someone be charged based only on a child’s statement?

A child’s account can start an investigation and lead to a charge. Whether the full record supports the case depends on the facts. A lawyer reviews that case by case.

What should I do if police want to interview me?

Speaking with a defense lawyer before any interview is the safer choice. This is general information, not advice for your specific case.

Will a charge always lead to registration?

Registration depends on the offense and how the case ends. It must be checked for each case.

How long does a case take?

Timelines vary by county, court, and evidence. Some cases take months before they resolve.

Is a free consultation available?

Yes. You can schedule a free consultation to talk through the charge and your questions.

Can a family member ask a sexual assault of a child defense lawyer in Texas for help?

Yes, family members can contact Barbieri Law Firm with questions. Decisions about representation need the accused person’s participation.

Talk Through Your Situation With Barbieri Law Firm

If you’re reading this because a charge has touched someone you love, you’re likely in a frightening position you didn’t choose. You may be trying to understand the charge while you handle work, family, and daily life. You don’t need every answer before you reach out. You can send us your case details or call (972) 424-1902.

If a child’s name has come up in a case involving someone you love, you don’t have to sort out the charge alone. Share your details with us, and we’ll walk through what it means for you.

Attorney responsible for this site: Heather Jean Barbieri, Barbieri Law Firm, Frisco, Texas. No lawyer can promise a particular outcome in any case.