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Sex Crimes Defense Lawyer in San Antonio and El Paso

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If a detective, caseworker, or officer contacts you about a sex offense allegation, do not give a statement. Say you want a lawyer. Then call us. These are some of the most serious charges in Texas law, and the investigation often starts before any charge is filed. Your consultation is free and confidential.

West Texas Trial Lawyers defends people accused of sex offenses in San Antonio, El Paso, and across Texas. Every lawyer at the firm prosecuted cases for the State of Texas before defending them. We handle these cases quietly and carefully. Every person accused of a crime is presumed innocent and has the right to a full defense.

What should I do if a detective or CPS contacts me?

Be polite, say you want to speak with a lawyer first, and end the conversation. You do not have to explain yourself to an investigator. A request to “come in and give your side” is a request for evidence.

This applies to every kind of contact:

  • A detective calls or visits. Take a name and number. Do not answer questions.
  • A CPS caseworker reaches out. Child Protective Services may investigate at the same time as police. Talk to us before you respond.
  • Someone asks you to talk on a recorded call. Do not discuss the allegation by phone, text, or message with anyone.
  • Police ask to search your phone or computer. You can decline consent. If they have a warrant, do not interfere, and call us.


If police want to talk, don’t explain and don’t try to make a deal. Say you want your lawyer, then call us. Recorded statements are governed by Code of Criminal Procedure art. 38.22. Once a statement is made, it cannot be taken back.

What are the penalties for sex offenses in Texas?

Most sex offenses in Texas are felonies. Sexual assault is a second-degree felony under Penal Code §22.011. Aggravated sexual assault is a first-degree felony under §22.021. Continuous sexual abuse of a child carries 25 to 99 years or life under §21.02.

Offense

Statute

Level

Punishment range

Sexual assault

Penal Code §22.011

Second-degree felony

2 to 20 years prison + up to $10,000 fine (§12.33)

Aggravated sexual assault

Penal Code §22.021

First-degree felony

5 to 99 years or life + up to $10,000 fine (§12.32); 25-year minimum when the complainant is in certain younger age groups

Continuous sexual abuse of a child

Penal Code §21.02

Felony

25 to 99 years or life

Online solicitation of a minor ("minor" = under 17)

Penal Code §33.021

Third- or second-degree felony, depending on the facts

2 to 10 years (§12.34) or 2 to 20 years (§12.33) + up to $10,000 fine

These ranges are set by statute. Where a case actually ends depends on the evidence, the defense, and the decisions made early.

Will I have to register as a sex offender?

Some convictions, and some deferred adjudications, require registration under Code of Criminal Procedure Chapter 62. Registration can affect where you live, where you work, and how you travel.

That is why the way a case is resolved matters as much as the charge. Before you consider any plea, you should know whether it carries registration and for how long. We go over that with you in plain terms.

How are sex crime cases investigated in Texas?

These investigations often rely on interviews, digital records, and medical records rather than physical evidence alone. An arrest may not come right away.

Common parts of an investigation include:

  • Forensic interviews. In cases involving children, a trained interviewer often records an interview at a child advocacy center.
  • Phones and computers. Messages, photos, and account records may be collected by warrant.
  • Medical records. A medical exam may or may not have been done, and the records say what they say.
  • Witness statements. Officers often speak with family members, coworkers, and friends.


Do not delete messages, accounts, or files. Removing potential evidence can create serious new legal problems. Leave everything as it is and let us advise you.

Once a case is filed, Code of Criminal Procedure art. 39.14 requires the State to produce offense reports, statements, and other evidence “as soon as practicable” after a timely defense request. We review every recording and record, not just the summary.

Is my consultation confidential?

Yes. Your first consultation with West Texas Trial Lawyers is free and confidential. We understand that many people facing these allegations have not told family, employers, or friends.

We will talk with you privately, by phone or in person. We will explain what the allegation means, what may happen next, and what you can do now. You decide what happens after that. Full service is available in Spanish.

Where will my case be heard?

In San Antonio, the Bexar County Criminal District Attorney’s Office prosecutes sex offense cases. They are heard at the Cadena-Reeves Justice Center, 300 Dolorosa, San Antonio, TX 78205.

In El Paso, the 34th Judicial District Attorney’s Office prosecutes these cases for El Paso, Hudspeth, and Culberson counties. They are heard at the El Paso County Courthouse, 500 E. San Antonio Ave., El Paso, TX 79901.

Our San Antonio office is at 40 NE Interstate 410 Loop Suite 100 Ofc G10. Our El Paso office is at 1005 N Mesa St. After any arrest, a magistrate sets bail and gives warnings within 48 hours (Code of Criminal Procedure art. 15.17).

How do former prosecutors approach a sex crime defense?

Adam Setra prosecuted cases for the 34th Judicial District Attorney’s Office before founding the firm. Learn about Adam Setra’s experience on both sides of the courtroom.

We know how these cases are evaluated inside a prosecutor’s office. That helps us see what the State will rely on and where its proof is incomplete. Our first goal is to get the case dismissed or never filed. No lawyer can promise that outcome. You can read client-reported outcomes in other case types on our case results page.

What happens when someone is accused of a sex offense in Texas?

In Texas, a sex offense investigation often begins before any charge is filed. A detective or Child Protective Services caseworker may ask the accused person for a statement, and anything said can be used as evidence. Recorded statements are governed by Code of Criminal Procedure art. 38.22. The charges carry long prison ranges. Sexual assault under Penal Code §22.011 is a second-degree felony, punishable by 2 to 20 years. Aggravated sexual assault under §22.021 is a first-degree felony, punishable by 5 to 99 years or life, with a 25-year minimum when the complainant is in certain younger age groups. Continuous sexual abuse of a child under §21.02 carries 25 to 99 years or life. Online solicitation of a minor under §33.021, where “minor” means a person under 17, is a third- or second-degree felony. Some outcomes require registration under Code of Criminal Procedure Chapter 62.

What should I do right now?

  1. Do not give a statement to police, detectives, or caseworkers. Say you want a lawyer.
  2. Do not contact the person who made the accusation, directly or through anyone else.
  3. Do not delete messages, photos, accounts, or files.
  4. Do not discuss the allegation by phone, text, social media, or jail phone.
  5. Write down names, dates, and contact attempts from investigators. Keep any card or paperwork they left.
  6. Call us. Have your full legal name, date of birth, the county involved, and the charge if you know it. Missing something? Call anyway.


Calling on behalf of a family member? You don’t need to know everything. We can start with what you have, and we will keep the conversation confidential.

Frequently asked questions about sex crime charges in Texas

No. Politely say you want to speak with a lawyer first and end the conversation. Investigators often ask for a statement before deciding whether to file charges, and what you say can become evidence. A lawyer can communicate with the investigator on your behalf and advise you on whether any statement makes sense.
Sexual assault is a second-degree felony under Penal Code §22.011, punishable by 2 to 20 years in prison and a fine of up to $10,000. Aggravated sexual assault under §22.021 is a first-degree felony, punishable by 5 to 99 years or life. The specific facts alleged determine which charge is filed.
It is a separate offense under Penal Code §21.02, and it is one of the most serious charges in Texas law. It carries 25 to 99 years or life in prison. Because the range is so high, the details of the allegation and how the investigation was conducted need careful review from the start.
It is an offense under Penal Code §33.021 involving online communication with a minor, which the statute defines as a person under 17. It is a third- or second-degree felony depending on the facts alleged. These cases usually turn on digital records, such as messages and account data, which a defense lawyer reviews closely.
It depends on the offense and the outcome. Code of Criminal Procedure Chapter 62 requires registration for certain convictions and some deferred adjudications, and the duration varies. Before you consider any plea, ask your lawyer whether it would require registration and for how long.
Talk to a criminal defense lawyer before you respond. A CPS investigation can run at the same time as a police investigation, and what you say to a caseworker may reach prosecutors. A lawyer can help you understand the process and protect your rights while you deal with the agency.
Yes. Your first consultation with West Texas Trial Lawyers is free and confidential. You can speak with us by phone or in person at our San Antonio or El Paso office. We understand many people have not told anyone yet, and we handle every conversation with discretion.
Yes. Early representation can make a difference. A lawyer can handle communication with investigators, advise you about searches and interviews, and help preserve evidence that supports your defense. The period before charges is often when the most important decisions are made.
Yes. West Texas Trial Lawyers provides full service in Spanish, from the first call through court. Le atendemos completamente en español. Calls are answered 24/7 at our San Antonio and El Paso offices, and the first consultation is free and confidential.

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