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Understanding Sexual Offense Charges: What to Expect and How to Respond

September 10th, 2025 | Blog 10th, September at 7:30 PM

If you or someone you love is facing a sexual offense accusation in Texas, you are likely overwhelmed, scared, and uncertain about what happens next. These cases move quickly, the law is complex, and the consequences are life changing. You deserve clear information and steady guidance from a trusted advocate who will treat you with dignity while fighting for your rights and your future.

This guide explains what counts as a sexual offense in Texas, what to expect after an accusation, and why experienced legal help can make the difference between a life derailed and a path forward. It reflects the approach of Del Prado Law Firm in San Antonio, where clients receive serious defense for serious charges backed by more than 35 years of experience and board certification in Criminal Law.

What counts as a sexual offense in Texas?

Texas law covers a wide range of conduct under the umbrella of sexual offenses. Each charge has specific legal elements the state must prove. Penalties vary based on factors like age, consent, alleged force, and prior criminal history. Common categories include:

  • Sexual assault and aggravated sexual assault. These involve nonconsensual sexual contact or penetration, with aggravated cases tied to factors like serious bodily injury, use of a weapon, or the age or vulnerability
    of the complainant.
  • Indecency with a child. This includes sexual contact with a minor or exposure offenses involving a child. The law applies strict rules about age, and consent is not a defense when the complainant is below certain
    ages.
  • Online solicitation of a minor and possession or promotion of child pornography. Digital evidence, search warrants, and undercover operations often drive these charges.
  • Continuous sexual abuse of a young child. This is among the most serious allegations and involves a pattern of conduct over time.
  • Improper relationship between educator and student. Even if the student is over the age of consent, the teacher student relationship can trigger criminal liability.
  • Public lewdness and indecent exposure. Often misdemeanors, these still carry reputation risks and potential registration requirements depending on circumstances.

Not every accusation fits neatly into a category. Sometimes the facts describe a misunderstanding, a dispute over consent, mistaken identity, or digital evidence that is out of context. The state still must prove each element
beyond a reasonable doubt. An experienced defense lawyer knows how to pressure test every piece of the case.

What happens after a sexual offense accusation?

You may first learn of an accusation through a detective’s call, a knock at your door, or an arrest. Early moments matter. What you say can be used against you, and consent to a search can expand the state’s evidence.
Protect yourself by exercising your rights calmly and clearly.

Here is what typically follows:

  • Investigation. Law enforcement gathers statements, collects digital evidence, analyzes phones and computers, and may seek search warrants. Do not speak to police without counsel present.
  • Arrest and bond. If arrested, you will be processed and may be eligible for bond. A lawyer can argue for reasonable terms, including conditions that protect your ability to work and support your family.
  • Magistrate and first court settings. You will receive formal notice of the charges. Timelines begin to run for discovery, motions, and preliminary hearings.
  • Protective orders and no contact. Courts often impose strict no contact rules. Violations can trigger additional charges. Follow your lawyer’s guidance to stay compliant.
  • Discovery and motions. Your defense lawyer requests police reports, forensic results, digital extractions, and witness statements. Motions may challenge illegal searches, unreliable forensic methods, or the admission of prejudicial evidence.
  • Negotiations and trial preparation. A good defense is built early. Your lawyer investigates independently, interviews witnesses, secures experts, and prepares for trial while evaluating any plea options. Serious preparation often produces better negotiations.
  • Trial or resolution. Many cases resolve before trial, but you need counsel who is ready and able to try the case. Judges and prosecutors know who is ready to fight, and that experience can change outcomes.

Silence, patience, and a disciplined defense plan are your allies. The ideal time to hire counsel was yesterday, the second best time is now.

Possible defenses in sexual offense cases

Every case is unique, but common defense strategies include:

  • Consent and credibility. The central dispute may be whether consent was present. Your lawyer can challenge inconsistent statements, motive to fabricate, and bias.
  • Identity and alibi. Eyewitness identifications are often unreliable. Digital footprints, location data, and timelines can support a strong alibi.
  • Forensic scrutiny. DNA transfer, touch DNA, and digital forensics are complex. Experts can explain contamination risks, alternative explanations, or analytical errors.
  • Illegal search and seizure. If police exceeded the scope of a warrant or lacked probable cause, evidence can be suppressed.
  • Impeachment and prior statements. Recorded messages, social media exchanges, and texts may contradict the narrative presented in court.
  • Procedural and evidentiary challenges. Your lawyer can move to exclude hearsay, improper character evidence, or speculative expert opinions.

A tailored strategy is essential. What wins one case can lose another. You need counsel who has seen the full range of tactics and knows how to adapt under pressure

Why you should seek experienced legal help now

Sexual offense charges carry heavy consequences, including prison time, fines, and possible sex offender registration. Collateral damage can include loss of employment, housing difficulties, social stigma, and immigration impact. Early intervention by a seasoned lawyer can:

  • Stop harmful statements before they happen.
  • Protect your access to evidence through preservation letters and prompt investigations.
  • Challenge warrants and searches at the right time, not after deadlines pass.
  • Shape the narrative with prosecutors and judges by presenting mitigating facts early.
  • Prepare for trial from day one, which often leads to stronger negotiations or dismissals.

At Del Prado Law Firm, you get a Board Certified Criminal Law Expert with more than 35 years of trial experience, recognized by peers and the courts for winning serious cases. That experience is not a slogan, it is a
roadmap for navigating high stakes litigation with discipline and precision.

How our firm supports you and your family

Being accused affects more than the person charged. Families need information, structure, and steady communication. Our team:

  • Explains each step, from investigation to verdict, so you know what to expect.
  • Coordinates with experts in forensics, digital analysis, and psychology when appropriate.
  • Manages contact with law enforcement and the court to protect your rights and reduce stress.
  • Builds a defense that respects your dignity and fights for your freedom.

If you need immediate guidance, speak with a sexual assault defense attorney who understands the local courts and the pressure of these cases. It is critical that you do not talk to detectives or accusers without your lawyer.

Practical steps to take today

  • Do not discuss the case with anyone but your lawyer. Assume texts, posts, and calls can be discovered.
  • Do not consent to searches of your home, car, or devices without counsel.
  • Save potential evidence, including messages, photos, travel data, and contact lists. Do not alter or delete anything.
  • Make a written timeline while details are fresh. Include names of possible witnesses.
  • Call a trusted criminal defense attorney immediately to protect your rights and start a defense plan.

When to contact Del Prado Law Firm

If you are under investigation or have been arrested, time is not your friend. Contact an experienced criminal defense attorney who is battle tested and ready to act. Del Prado Law Firm in San Antonio provides serious defense for serious charges, backed by board certification and decades in the courtroom.

For focused help right now, you can explore how a sexual assault defense attorney approaches these cases. When your freedom is at stake, you need a strategic advocate in your corner.

Summary and next steps

Sexual offense charges in Texas cover a wide spectrum, from sexual assault to online solicitation and indecency, each with unique elements and heavy penalties. After an accusation, the case moves through investigation, arrest, bond, discovery, motions, and possibly trial. Early, experienced legal help can protect your rights, preserve evidence, challenge unlawful searches, and build a strong defense rooted in facts and law.

If you or a loved one needs guidance, contact Del Prado Law Firm. With more than 35 years of experience and board certification in Criminal Law, we bring trusted judgment and disciplined advocacy to the toughest cases.
Talk with a criminal defense attorney who treats you with dignity while fighting relentlessly for your future.

Internal Resources You May Find Helpful:

 

Right to Confrontation in Texas

July 11th, 2025 | Blog 11th, July at 8:35 AM

The Right to Confrontation in Texas Criminal Trials

The Sixth Amendment guarantees every defendant the right to confront their accuser in court. At Del Prado Law, we defend this right every day.

What Is the Right to Confrontation?
Why It Matters
Exceptions Prosecutors Use
Especially Important in Domestic Violence Cases

We fight to uphold your rights — even when prosecutors try to bend the rules. Let Del Prado Law stand between you and wrongful conviction.

Texas courtroom cross-examination scene

Texas Self-Defense Laws

July 11th, 2025 | Blog 11th, July at 7:37 AM

Texas Self-Defense Laws Explained Simply

Self-defense is one of the most powerful tools in criminal law — and in Texas, it’s a right protected by law. Here’s what every Texan needs to know.

When Is Force Justified?
When Is Deadly Force Allowed?
No Duty to Retreat
Castle Doctrine

Charged after defending yourself? Call Del Prado Law — we’ll protect your right to stand your ground in Texas.

Person defending themselves in self-defense situation

Assault Charges in Bexar County

July 11th, 2025 | Blog 11th, July at 6:53 AM

5 Proven Defenses to Assault Charges in Bexar County, Texas

If you’ve been charged with assault in San Antonio or anywhere in Bexar County, don’t panic — but don’t delay either. Here are five proven strategies we use at Del Prado Law:

  • Self-Defense or Defense of Others
  • Lack of Intent
  • False Allegations
  • Mutual Combat
  • Insufficient Evidence

Let Del Prado Law defend your name and freedom. We don’t back down — and we know how to win assault cases in San Antonio courts.

Defense attorney with client in court hallway

No Drop Policies

July 11th, 2025 | Blog 11th, July at 6:24 AM

Understanding ‘No Drop’ Policies in Texas Domestic Violence Cases

In Texas — especially in San Antonio and Bexar County — prosecutors often follow a “no drop” policy in domestic violence cases. Even if the alleged victim wants to drop the charges, the DA may still prosecute.

What Is a “No Drop” Policy?
Can the DA Really Proceed Without the Victim?
Your Right to Confront Your Accuser
What Should You Do If You’re Charged?

Facing a “no drop” policy in Bexar County? Call Del Prado Law now. We’ve helped hundreds beat or reduce family violence charges.

Courtroom with gavel and domestic case folder

Arrested in San Antonio

July 11th, 2025 | Blog 11th, July at 5:44 AM

What to Do If You’re Arrested in San Antonio: Your Legal Rights and Next Steps

Getting arrested in San Antonio can be terrifying and confusing. Whether it’s your first encounter with law enforcement or not, understanding your rights and next steps is crucial to protecting your freedom. At Del Prado Law, we’ve defended thousands of clients across Bexar County and we know how to help you take control of your case from the moment the handcuffs come on.

  • Stay Silent — It’s Your Constitutional Right
  • Don’t Consent to Searches or Give Statements
  • Contact a Criminal Defense Lawyer Immediately
  • Understand the Booking and Bail Process in Bexar County
  • Prepare for Your First Court Appearance

Arrested in San Antonio? Contact Del Prado Law today for a free consultation. We fight to get your charges dismissed or reduced — fast.

San Antonio arrest scene with police lights

Domestic Assault in Texas

July 3rd, 2025 | Blog 3rd, July at 9:01 AM

Domestic Assault in Texas: The Hidden Dangers and the Urgent Need for a Powerful Defense

The Law: What Is Considered Domestic Assault in Texas?

Under Texas Penal Code §22.01, domestic assault occurs when someone –

  • Intentionally, knowingly, or recklessly causes bodily injury to a family member, household member, or current/former romantic partner,
  • Threatens that person with imminent bodily injury, or
  • Makes physical contact that the other person finds offensive or provocative.

Even Class C misdemeanor charges—such as merely offensive contact—can carry devastating consequences if the court makes an affirmative finding of family violence. Therefore, you want to avoid a domestic assault or domestic violence in San Antonio, Bexar County, Texas.

Domestic Assault in Texas
domestic assault charges in texas

The ‘No Drop’ Policy: Why the Case Might Move Forward Without the Victim

Many people believe that if the alleged victim doesn’t want to press charges, the case will be dropped. That is false.

In virtually every Texas county, district attorneys enforce a “no drop” policy. This means that once a domestic violence charge is filed, only the State can decide whether to dismiss it—not the complainant. Prosecutors may subpoena the alleged victim to testify, and in some cases, may even attempt to proceed without the victim’s testimony. As you can easily see, a assault domestic violence or family violence charge in Texas is always serious.

Prosecuting Without a Complainant: Understanding ‘Testimonial’ vs. ‘Non-Testimonial’ Evidence

Prosecutors may use statements made during the 911 call, bodycam footage, or other out-of-court remarks if they can persuade the judge that those statements are non-testimonial in nature.

Why does that matter?
Because under the Sixth Amendment, the accused has the constitutional right to confront their accuser—but this only applies to testimonial statements. If the court finds the statements were made in the heat of the moment (e.g., to help police respond to an ongoing emergency), they may be admitted into evidence without the witness ever taking the stand.

This is a growing and dangerous trend in Texas domestic assault prosecutions. A family violence charge or allegation is very serious.

The Real Cost: Collateral and Permanent Consequences

A domestic violence conviction—or even a deferred adjudication with a finding of family violence—triggers a landslide of collateral consequences that can follow you for life:

  • Loss of firearm rights (federal and state)
  • Permanent criminal record (not eligible for sealing or expungement)
  • Custody and visitation issues
  • Immigration consequences for non-citizens
  • Damage to professional licenses and employment

Even a Class C misdemeanor for “offensive contact” can carry these penalties if the court enters a “family violence” finding. That one sentence on a judgment can affect your life forever.

You Have One Shot to Protect Your Future – Hire Del Prado Law

If you’re facing any type of domestic assault charge—no matter how minor it may seem—you must act now to protect your rights and your future.

At Del Prado Law, we understand the gravity of what you’re facing. Mario Del Prado is a Board-Certified Criminal Law Specialist, with over 35 years of experience defending people against criminal charges. He’s a former Chief Prosecutor of Major Crimes in Bexar County, and he knows exactly how these cases are built—and how to dismantle them.

  • We fight to preserve your constitutional right to confrontation
  • We challenge improper use of hearsay and non-testimonial evidence
  • We work tirelessly to avoid any finding of family violence
  • We understand that your career, your family, your gun rights, and your future are at stake

Don’t wait for the system to make up its mind about you. Get an advocate who knows the law, knows the courts, and knows how to win. Get expert guidance from a Board Certified Criminal Law Specialist based in San Antonio, Bexar County, Texas.

Call Del Prado Law Today at (210) 698-3533 or visit DelPradoLaw.com
Experience. Skill. Results. When your freedom is on the line, nothing else will do.