If you’ve been charged with indecent assault in Houston, the consequences can be serious. Even though this offense is classified as a misdemeanor under Texas law, it carries a stigma similar to more serious sex crimes. A conviction can result in jail time, fines, and lasting damage to your reputation. If you’re facing these charges, it’s critical to hire an experienced criminal defense attorney who understands how to fight these allegations and protect your future.
At Ceja Law Firm, Board Certified Criminal Defense Attorney Jose Ceja aggressively defends clients accused of all types of sex offenses, including indecent assault. With years of experience and a proven record of success in Houston-area courts, our firm is ready to help you build the strongest possible defense.
What Is Indecent Assault Under Texas Law?
Indecent assault is a relatively new offense under Texas Penal Code §22.012. It was created to address sexual misconduct that falls short of sexual assault but still involves unwanted physical contact or exposure.
To be convicted of indecent assault, the prosecution must prove that a person, without the consent of another, and with the intent to arouse or gratify the sexual desire of any person:
- Touched the anus, breast, or any part of the genitals of another person;
- Caused another person to touch the actor’s anus, breast, or genitals;
- Exposed or attempted to expose another person’s genitals, anus, buttocks, or female areola;
- Caused another person to come into contact with blood, semen, saliva, urine, feces, or vaginal fluid.
It is important to remember that each of these actions must be proven to have been done without consent and with sexual intent.
Penalties for Indecent Assault in Texas
Indecent assault is typically charged as a Class A misdemeanor. If convicted, you could face:
- Up to 1 year in county jail
- A fine of up to $4,000
- Community supervision (probation)
- A permanent criminal record
In some cases, the charge can be enhanced to a felony if certain aggravating factors are present, such as repeat offenses or use of bodily fluids. This can dramatically increase the potential punishment and long-term consequences.
Is Indecent Assault a Sex Crime?
Yes, indecent assault is considered a sex-related offense in Texas. However, it is not currently an offense that requires registration as a sex offender. That said, prosecutors sometimes file indecent assault charges alongside more serious sex crimes that do carry registration requirements. It’s important to work with an attorney who can help minimize your exposure to those additional risks.
How We Defend Indecent Assault Charges
Every case is different, but common defenses to indecent assault include:
- Lack of Intent: The law requires that the touching or exposure was done with the intent to arouse or gratify sexual desire. If the contact was accidental or misinterpreted, that can be a strong defense.
- Consent: If the conduct was consensual, it is not a crime.
- False Accusation: These cases often turn on one person’s word against another. We thoroughly investigate the background and motives of the complaining witness.
- Insufficient Evidence: Prosecutors must prove every element of the offense beyond a reasonable doubt. We carefully challenge the credibility of witnesses and the reliability of any physical evidence.
Our approach is aggressive and strategic. We begin each case by demanding all evidence from the prosecution, interviewing witnesses, reviewing surveillance footage or videos, and preparing to challenge the State at every turn.
Frequently Asked Questions
What’s the difference between indecent assault and sexual assault?
Indecent assault does not require penetration. It involves nonconsensual sexual touching or exposure. Sexual assault involves more serious conduct, including penetration, and is typically charged as a felony.
Will I have to register as a sex offender?
Not for indecent assault alone. However, if you are also charged with another sex offense, registration might be required depending on the outcome of the case.
Can this charge be dismissed?
Yes. In some cases, a strong legal defense can lead to a full dismissal. Other times, pretrial diversion or deferred adjudication may be options, depending on your background and the facts of the case.
What if I didn’t mean to offend anyone?
Intent matters. If the contact wasn’t made with sexual intent, it might not meet the legal definition of indecent assault. This is a critical area where your attorney can challenge the charge.
What happens at the first court date?
At the first court setting, the judge may impose bond conditions such as no contact with the complaining witness. Your attorney will begin gathering evidence and reviewing the allegations in detail. You are not expected to enter a plea at the first appearance.
Can indecent assault charges be sealed or expunged?
If your case is dismissed or you’re acquitted at trial, you may be eligible for an expunction. If you receive deferred adjudication, you may qualify for a nondisclosure, depending on the outcome and other factors.
Speak with a Houston Indecent Assault Attorney Today
Being charged with indecent assault can turn your life upside down. You may feel overwhelmed, embarrassed, or unsure of what to do next. At Ceja Law Firm, we understand the serious nature of these allegations—and we know how to fight them.
Jose Ceja has successfully handled hundreds of sex crime cases in Houston and surrounding counties. As a Board-Certified Criminal Defense Attorney, he has the knowledge, training, and courtroom experience to aggressively protect your rights and reputation. Call today for a free consultation.
