Texas Child Sexual Assault Defense Lawyer for Families

A family member accused of sexual assault of a child in Texas faces a serious charge, and the next steps are often unclear. This guide explains the charge, how cases move through court, and how a Texas defense lawyer fits in. It is written for relatives as well as the accused person.

What It Means When a Family Member Is Accused of Sexual Assault of a Child in Texas

Sexual assault of a child is a crime under Texas law. The law defines a child as someone younger than 17. The offense applies even if the accused did not know the child’s age.

Sexual assault is generally a second-degree felony, with exceptions for certain listed situations. A second-degree felony carries 2 to 20 years in prison and a fine of up to $10,000. Aggravated sexual assault is a first-degree felony, punishable by life or 5 to 99 years.

Under Penal Code § 22.011(f)(1), sexual assault is a felony of the first degree if the victim was a person whom the actor was prohibited from marrying or purporting to marry, or with whom the actor was prohibited from living under the appearance of being married, under § 25.01 (Bigamy), or a person with whom the actor was prohibited from engaging in sexual intercourse or deviate sexual intercourse under § 25.02 (Prohibited Sexual Conduct), which covers certain family relationships. The Texas Family Code defines “family” to include individuals related by consanguinity or affinity, former spouses, individuals who are parents of the same child without regard to marriage, and foster children and foster parents, whether or not they reside together (Texas Family Code § 71.003). It defines “household” as people living together in one dwelling (Texas Family Code § 71.005).

Many cases start with a report to police, a school, or Child Protective Services. A CPS investigation and a criminal case can run at the same time.

What a Defense Covers: Elements, Evidence, and Investigation

A defense review checks whether the State can prove every part of the charge. It starts with the records behind the accusation.

• The child’s age and the conduct the charge describes.
• Forensic interview recordings, medical or SANE exam records, and CPS and police reports.
• Texts, social media, phone and computer data, calendars, and location history.
• Changes or gaps in the child’s statements across interviews, and the timing of each one.

Protective orders can bar contact with the protected person. Breaking a bond condition or protective order in a sexual assault case can be a separate crime (Texas Penal Code § 25.07).

How the Case Typically Moves Through the System

Most cases move from arrest to bond, then to indictment, pretrial work, and either a negotiated resolution or trial.

1. Arrest or warrant.
2. Magistrate appearance and bond setting, where an emergency protection order may be issued.
3. Grand jury review and indictment.
4. Arraignment, where the charge is read and a plea is entered.
5. Pretrial review of records, motions, and bond terms.
6. Negotiated resolution or trial.

Early steps shape later ones.

A case like this has no fixed timeline. The pace depends on the records, any testing, and the court calendar. Keep a written list of every date, court notice, and bond term. Bring that list to each meeting with counsel.

Early Decisions That Shape the Case

The first days often matter most, because early statements and contact can be used later. Relatives often want to act fast. Good intentions can still create evidence, so pause before acting.

• Do not give a statement to police or a CPS caseworker without first talking to a lawyer.
• Do not contact the child or the accuser, directly or through others. A bond condition or protective order may already forbid it.
• Do not post about the accusation or discuss the facts with relatives. Messages can become evidence.
• Do not question the child, arrange interviews, or collect statements from the child on your own.
• Do not delete, edit, or move texts, calendars, or location history.
• Bring our firm in before the first custodial or CPS interview, if you can.

Common Questions While a Child Sex Crime Case Is Pending

Each order has its own terms, so read every line.

• Living at home or seeing other children: The answer depends on the exact terms of each bond and order. Check them before making any plan.
• CPS safety plans: Statements made in CPS meetings can matter later in the criminal case. Review each meeting with counsel before attending.
• Supporting the family: Relatives can help arrange counsel, keep records, and attend court dates when allowed. Relatives should not pressure the child.
• Work, school, and online accounts: Review any notice from an employer or school. Avoid posting about the case.
• The State’s proof: The defense reviews every piece of proof the State offers, including interviews and records, not only the accuser’s account.

How Barbieri Law Firm Serves Families Facing These Charges

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. It defends people accused of sex crimes and assaultive offenses.

Our lawyers include Heather Barbieri and Carrie Thomas. The firm serves clients across Collin County, Dallas-Fort Worth, and Texas. Its work includes child sex crimes, aggravated sexual assault, online sex crimes, aggravated assault, and family violence. It also handles theft defense for students and non-citizens.

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

Our team reviews the evidence, including the interviews, records, and any protective order. We then explain your options and keep the family informed at each stage.

No lawyer can ensure a particular outcome in any case, including yours.

Frequently Asked Questions

Charges against a relative Family ties can affect bond terms, CPS involvement, and the evidence review.

If your family is dealing with this charge right now, you do not have to sort out the next steps alone. Call (972) 424-1902 or send your case details through the contact form.

Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.