Got a Plea Offer? Review It Before You Respond

Should I accept a plea offer on a child sexual assault charge in Texas? Only you can make that choice. It should rest on the exact charge, the written terms, the evidence and the long-term effects. This page gives you a decision framework. It does not predict how your case will end.

What a Plea Offer Is in a Texas Child Sexual Assault Case

A plea offer is the prosecutor’s proposal to resolve the case with a plea on agreed terms. The offer may call for a guilty plea or a no-contest plea (nolo contendere). It may change the charge, limit the punishment or recommend a sentence.

The usual steps run in order. The prosecutor makes the offer. The defense negotiates. The plea papers are prepared. The judge explains the plea and decides whether to accept the agreement.

An offer can be revised, withdrawn or repeated before a plea is entered. Treat the written terms as the starting point, not the final answer.

Does the Child Have to Agree to a Plea Deal?

The complaining witness, often the child, can share views, and those views can matter to the prosecutor. They do not control the outcome.

Under Code of Criminal Procedure Art. 42A.102(a), and subject to Subsection (b), a judge may place a defendant charged under Penal Code § 21.11, § 22.011 or § 22.021 on deferred adjudication community supervision, regardless of the age of the victim, only if the judge makes a finding in open court that doing so is in the best interest of the victim. A judge may not grant deferred adjudication for continuous sexual abuse of a young child under Penal Code § 21.02. Code of Criminal Procedure art. 42A.102 sets out this exclusion and additional exclusions for certain other offenses. Code of Criminal Procedure art. 42A.102

Your defense work starts with the child’s account. Counsel reviews prior statements, recorded forensic interviews and any outcry statements. Those records shape how the State values its case, and they show where the account is consistent and where it has gaps.

Reading the Offer Line by Line

Start with the exact charge and the Penal Code section named in the offer. The charge sets the punishment range. A small change in wording can change your exposure a great deal.

Texas punishment ranges work like this:

• First-degree felony: 5 to 99 years or life in prison, plus a fine up to $10,000. Penal Code § 12.32
• Second-degree felony: 2 to 20 years, plus a fine up to $10,000. Penal Code § 12.33
• State jail felony: 180 days to 2 years, plus a fine up to $10,000. Penal Code § 12.35

Texas Penal Code § 21.02, subsection (h), provides that an offense of continuous sexual abuse of a young child is a felony of the first degree, carrying imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years. Penal Code § 21.11

Next, check whether the offer is a conviction or deferred adjudication. Under deferred adjudication, the judge does not enter a finding of guilt. You are placed on community supervision. If you complete it, the court must dismiss and discharge the case. Code of Criminal Procedure art. 42A.111

Read every supervision term, fine, cost and condition as written. The offer may dismiss counts, drop to a lesser charge or recommend a sentence.

Registration and Other Consequences That Follow a Plea

A plea to many child sexual offenses can trigger sex offender registration. Get that answer in writing before you plead.

Under Texas law, a person required to register because of a reportable conviction or adjudication (other than an adjudication of delinquent conduct) for certain offenses, such as a sexually violent offense, generally remains subject to that registration duty for life, with limited exceptions. For many other reportable offenses, the duty ends on the 10th anniversary of whichever of these dates is later: release from a penal institution, discharge of community supervision, or the court’s dismissal of the proceedings and discharge of the person. Code of Criminal Procedure art. 62.101

Other offenses follow a different rule. Except as provided by Subchapter I, for a reportable conviction or deferred adjudication for an offense other than those listed in Art. 62.101(a), the duty to register ends on the 10th anniversary of the date on which the court dismisses the criminal proceedings against the person and discharges the person, the person is released from a penal institution, or the person discharges community supervision, whichever date is later (Tex. Code Crim. Proc. art. 62.101). Code of Criminal Procedure art. 62.101

Early discharge is not available for a case that requires registration. Code of Criminal Procedure art. 42A.111

A dismissal is generally not treated as a conviction for legal disqualifications. Still, prior deferred adjudication can be used against you on penalty if you face a later offense. Write each one down before you decide.

What the State Must Prove and How the Evidence Is Weighed

Your lawyer reviews each item for reliability, consistency and gaps. That review shows what the State can present.

Child cases often turn on a few kinds of evidence. These include forensic interview recordings, medical or physical findings, outcry statements made to another adult, texts or other digital records, timelines and prior statements. Each item can help or hurt, depending on its details.

TDCAA on prior sexual acts evidence

This review helps you ask sharper questions about an offer. It is not a forecast of what a jury will do.

Weighing a Plea Against a Trial

A plea ends the case on known terms. A trial leaves the facts to a jury.

At trial, jurors are selected. Witnesses testify. Your lawyer cross-examines them.

Juries in some child cases work under special rules. For continuous sexual abuse, jurors need not agree on which specific acts occurred or on the exact dates. They must agree unanimously that two or more acts occurred over a period of 30 days or more. Penal Code § 21.02

A sentence after a guilty verdict can fall above or below the offer. It depends on the charge, the jury’s findings and the judge’s decisions within the range.

Here are the trade-offs. A plea gives you known terms, but it ends the chance of a trial. A trial carries its own risks, and we will review those with you so you can weigh your options.

Is the First Plea Offer Always the Worst One?

No. The first offer is a starting position. Later terms can be better, worse or the same. The result depends on what the State learns and what the defense presents.

Your lawyer can ask what the State would consider. Counsel can point out weaknesses in its theory. Counsel can also present mitigating information before you make a final plea decision.

No lawyer can ensure that a later offer will be better. Judge the actual terms and evidence in front of you. Do not assume another offer will come.

Questions to Settle Before Answering a Plea Offer

Settle these points before you answer the offer:

• The exact charge and statute named in the offer
• The punishment range for that charge
• Whether the offer is deferred adjudication or a conviction
• The registration effect, confirmed in writing
• Supervision conditions, fines and costs
• The evidence the State plans to use
• Effects on your work, family and housing

Have every term explained in plain language before you sign anything. A plea becomes part of your court record. The first consultation is free, confidential and carries no obligation to continue.

If a written offer is in front of you and you’re weighing registration, supervision and what a trial would mean, reach out to Barbieri Law Firm or call (972) 424-1902.

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