Indecent Assault Charge Can Be Used to Reduce Felony Sex Charges

Starting in September law enforcement agencies across Texas can begin filing Indecent Assault cases which is a class A misdemeanor. This new law may provide another tool criminal attorneys can use in the plea bargain process.

Sex Assault crimes carry very serious consequences in Texas. The harsh penalties and life time sex registration requirements that come with convictions and sentences of deferred probations often make it difficult for defense attorneys and prosecutors to dispose of a case through plea bargain. That is why there many defendants charged with sex offenses choose to go to trial rather than plead guilty.

The new misdemeanor offense of Indecent Assault, also known as groping, does not carry any type of sex registration requirements. I n addition since Indecent Assault is a misdemeanor offense the penalty range is from one day in jail up to one year and a defendant cane receive deferred probation.

When criminal attorneys and prosecutors have a Sex Offense case which has fact problems they may be able to plead the case to a misdemeanor Indecent Assault charge. They could do this by reducing the charge as a lessor included offense or by filing the Indecent Assault charge and dismissing the Felony charge when the defendant pleads to the misdemeanor Indecent Assault. If the defendant received deferred probation for the Indecent Assault charge then he could have that charge sealed upon successful completion of deferred probation.

A good criminal lawyer is always looking for options for the client to in order to obtain the best result when facing serious criminal charges.

Increased Penalties for Groping in Texas

Gov. Greg Abbott signed a bill Friday that increases the penalty for Groping to jail time up to one year and a fine up to $4,000. The new crime is now called Indecent Assault and applies to any touching of the breast, buttocks, or genitals done with the intent to arouse or gratify the offender.

Prosecutions for this type of criminal offense are on the increase nation wide. Cuba Gooding Jr. Was recently charged with groping a woman in a Manhattan bar. The Texas bill passed without opposition and is further evidence the Me Too movement is having on the criminal justice system. After September police can arrest individuals if they believe there is probable cause that an Indecent Assault has occurred.

What type of evidence will we see to prove a groping offense? Primarily the complaining witness’s testimony and any other eye witnesses who may have seen the touching. There may also be video evidence available with the increase of security cameras in public places.

A class A misdemeanor carries serious consequences. Jail time up to one year or probation that can extend up to two years. A conviction for Indecent Assault can have serious consequences on a persons life. If you find yourself charged with a Groping offense seek the advice of an experienced criminal attorney right away.

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