Sex Crimes Defense in Allen, Texas, From a Frisco Firm That Explains Your Options

Sex Crimes Defense Representation for Allen Residents

A sex crimes defense lawyer in Allen, Texas helps people accused of a sex offense understand the charge, the evidence and their options. Barbieri Law Firm is an all-women criminal defense firm based in Frisco, Texas. It serves Allen and the rest of Collin County, Dallas-Fort Worth and Texas.

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

Heather Barbieri leads the firm. Our team includes assistants and office staff who support her work. The firm defends people accused of sex crimes and assaultive offenses. That includes aggravated sexual assault, child sex crimes, online sex crimes, aggravated assault and family violence. The firm also handles theft defense for students and non-citizens.

Charges can move quickly. Talking with a lawyer early helps you understand what the state says it can prove before you make decisions about your case.

What Sex Crime Charges Mean in Texas and Allen

Many sex crime charges in Texas are felonies, and the level depends on the offense and the facts alleged. Sexual assault is defined in Texas Penal Code § 22.011. The law says conduct is without consent in listed situations, such as when the other person is unconscious or physically unable to resist, or when a substance is given without the person’s knowledge to impair their ability to appraise or control conduct. Sexual assault is generally a second-degree felony, and some circumstances make it a first-degree felony. A second-degree felony under Penal Code § 12.33 carries punishment of 2 to 20 years in prison and an optional fine of up to $10,000.

Under Texas Penal Code § 21.11, a person commits an offense if, with a child younger than 17 years of age, the person engages in sexual contact with the child or causes the child to engage in sexual contact, or, with intent to arouse or gratify sexual desire, exposes the person’s anus or genitals knowing the child is present or causes the child to expose the child’s anus or genitals. Sexual contact means touching done to arouse or gratify sexual desire, including touching through clothing. Indecency by exposure can be a third-degree felony, and indecency by sexual contact under § 21.11(a)(1) is a second-degree felony.

Online cases follow their own rules. Texas law also addresses sexually explicit messages sent to a minor over the internet or by text. Those messages can be a third-degree felony, or a second-degree felony if the minor is younger than 14. Soliciting a minor to meet for sexual contact is a second-degree felony. The punishment goes up one category if the act happens during school hours and the person knew or reasonably should have known the minor was enrolled.

How a Sex Crimes Defense Lawyer Evaluates Your Case

A sex crimes defense lawyer starts by asking what the state must prove and what evidence supports each part. Each offense has its own required elements. Sexual assault often turns on consent. Indecency and online solicitation turn on intent, meaning what the person meant to do at the time.

Heather Barbieri will review the evidence, including the police report, any messages or recordings, phone and digital records, and witness statements. She will then explain your options based on that review. In online cases, the timeline, the devices used and who had access to them often matter. Inconsistencies between statements also deserve close attention.

One common mistake is trying to explain everything to police right away. Early statements can shape a case, even when they come from fear of making things worse. Write down what you remember, with dates and the people involved. Bring those notes to your lawyer rather than sharing them with others.

Affirmative Defenses in Sex Crime Cases

Some defenses come from Texas law, and each one has strict conditions. An affirmative defense is a legal defense with its own required conditions. For indecency with a child, the defense applies only if every condition is met. The person must have been no more than three years older than the child, of the opposite sex, and must not have used duress, force or a threat. The person also must not have been required to register for life, or have had a prior reportable conviction for this offense, under Chapter 62 of the Code of Criminal Procedure.

Online solicitation has a separate defense. It applies if the person was married to the minor, or was no more than three years older and the minor consented. See Texas Penal Code § 33.021. Continuous sexual abuse has a defense for a person no more than five years older than the victim, where no duress was used and the registration conditions are met. See Texas Penal Code § 21.02.

Consent works differently in sexual assault cases. The law lists the circumstances in which conduct is without consent. A lawyer checks whether any listed circumstance applies. Mistaken identity, false accusation and gaps in the evidence are fact issues. Each one depends on the actual record, and a defense lawyer tests it against that record.

Consequences of Sex Crime Convictions in Texas

A conviction can carry prison time and fines, and under Texas Penal Code § 12.42(c)(2), a qualifying repeat sex offense carries a mandatory life sentence. For many sex offenses, registration requirements can also last for life. Aggravated sexual assault is a first-degree felony under Texas Penal Code § 22.021. The minimum prison term rises to 25 years if the victim is younger than six, or younger than 14 with certain aggravating factors. A first-degree felony carries first-degree felony punishment of life or 5 to 99 years, and an optional fine of up to $10,000.

Continuous sexual abuse of a young child carries life or 25 to 99 years under Texas Penal Code § 21.02. Possession of child pornography is a third-degree felony under Penal Code § 43.26, and prior convictions can increase the degree of the offense.

Registration is a lasting consequence. Sexual assault, aggravated sexual assault and indecency under § 21.11(a)(1) are sexually violent offenses under Texas Code of Criminal Procedure Article 62.001. For those, the duty to register ends at death, with exceptions in the statute. See Texas Code of Criminal Procedure Article 62.101. Other registrable offenses can have a different end date.

How Much Does a Sex Crime Attorney Cost?

Barbieri Law Firm offers a free initial consultation, with no obligation to continue. Questions about fees are answered at that first meeting, so you know the terms before you decide anything. Bring any paperwork you have, such as a charging document or a court notice. That helps the meeting focus on your facts and your questions.

What Should You Tell Your Defense Lawyer First?

Tell your defense lawyer the full facts, including the parts you worry could hurt you. A lawyer cannot plan a defense around facts they never heard. Be complete and specific, even when the details are hard to share.

Keep a few habits while the case is open. Don’t post about the accusation on social media. Don’t discuss the details with friends, coworkers or the other person involved. Don’t contact that person to talk about what happened.

Bring your documents to the consultation. Useful items include court papers, texts, emails, photos and a written timeline. Before you answer police questions about the accusation, talk with a lawyer first.

Dealing With Police and Prosecutors

A defense lawyer can handle contact with police and prosecutors, so you don’t have to respond to them alone. Prosecutors present the state’s evidence. Your lawyer reviews what they have, what they plan to use and whether it supports each charge.

Police interviews can feel friendly or urgent, even when the questions carry real risk. You can politely say you want to speak with your lawyer first. Then let your lawyer decide what to do next.

If plea talks come up, make a decision only after you understand each option. Ask what each option means, including whether it requires registration and for how long.

Why Allen Residents Consider Barbieri Law Firm

Allen residents consider Barbieri Law Firm because the firm’s work centers on sex crimes and assaultive charges. Heather Barbieri leads the firm, which is based in Frisco, Texas, and serves Allen across Collin County. The firm is all women, and its assistants and office staff support each matter.

The firm’s approach is to review the evidence and explain your options. It does not promise an outcome. No honest lawyer can say how a case will end, and anyone who claims otherwise is not giving you a fair picture.

How Do You Schedule a Free Consultation?

You can schedule a free initial consultation by calling (972) 424-1902 or by sending your case details through the contact form. Use the consultation to talk through the charge, the timeline and the questions weighing on you most.

Is sexual assault a felony in Texas?

Yes, sexual assault is a felony under Texas law. Some circumstances make it a first-degree felony instead of a second-degree felony.

Can a sex crimes defense lawyer in Allen promise a result?

No honest lawyer can say how a sex crime case will end. A lawyer can review the evidence and explain your options.

Does Barbieri Law Firm offer a free consultation?

Yes, the firm offers a free initial consultation, with no obligation to continue.

Does a sex offense conviction always mean registration?

Sexually violent offenses carry a registration duty that generally ends only at death, with exceptions in the statute. Other offenses can have different end dates under Texas Code of Criminal Procedure Article 62.101.

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