This is the next post in my series on the handling of sexual assault charges in Laredo and other parts of south Texas. My last article discussed Texas’ penalties for sexual assault. Defendants must understand that the prosecutor is able to bring numerous counts as a result of one course of conduct. This can end in an accused individual being sentenced on numerous counts. Retaining an experienced attorney is an important step towards ensuring that your rights remain protected throughout the process. In this article I will discuss why such charges are sometimes based on false allegations. If you or a family member have been arrested then contact my office today to speak with a criminal defense lawyer.
False allegations of assault are sometimes made by individuals who may be attempting to gain an advantage in divorce or child custody proceedings. False claims are also sometimes made by someone who is simply attempting to “get even” with an ex. While it is understandable that a falsely accused individual may see the matter as baseless or frivolous, it must be understood that prosecutors will take the claims very seriously. The first step to take in defending one’s self is to retain an attorney with experience in such matters. Counsel will hear your side of the story and will review the police reports along with other relevant evidence. Your lawyer will develop a plan for obtaining evidence which shows that the accusations are false. If there is no evidence which shows that the claims are clearly false then your representative will raise all facts and evidence which show inconsistencies in the accuser’s story.
It is common for a defendant to be able to deal with false assault claims directly by presenting evidence which contradicts the accuser’s accusations. Examples of this can be evidence which directly shows that an accused individual was in a different place when the crime allegedly occurred. Suppose, for example, that an individual has claimed to have been assaulted by an ex at a time when the accused was actually at work. Time records can show that the accused individual was at their place of employment at the time that the incident supposedly occurred. Other examples of evidence which can be used in such cases can include emails, text messages, or other communications from the alleged victim if such communications are inconsistent with the behavior of someone who had just been assaulted. The type of evidence which will be relevant to a case will always depend on the specifics of the circumstances.
If you have been falsely accused of sexual assault then it is vital that you take the matter seriously. Failing to do so can result in a conviction. The consequences of a conviction will include a prison sentence, being required to register as a sex offender, having a permanent criminal record, and more. Even after one’s term of incarceration is completed, they will be required to register as a sex offender and they will have a permanent criminal record. This can make it difficult to obtain housing, to secure employment, or to obtain a security clearance. By recognizing the risks you are facing, you improve the chances of establishing that the charges are based on false accusations.
If you or a family member have been arrested for sexual assault then contact my office today to speak with a Laredo criminal defense lawyer. I recognize that this is a meaningful time in your life. My office believes that everyone is entitled to quality representation and personal respect. This is why we will give your case the attention it deserves. Contact us online or by telephone to schedule an initial consultation.