What Sex Crime Charges Does Herman Martinez Defend in Texas?
Texas sex crime laws are broad, and many offenses that may seem minor carry mandatory sex offender registration for life. Herman defends all levels of sex crime charges with a full understanding of the evidence, the law, and what prosecutors need to prove. Anyone facing an allegation like this needs a sex crimes lawyer Houston can trust to evaluate the exact charge and evidence before any strategy is set:
A second-degree felony (2–20 years). Aggravated sexual assault (deadly weapon, victim under 14, elderly, or disabled) is a first-degree felony — 5 to 99 years or life, with no possibility of probation for certain circumstances. A sex crimes lawyer Houston depends on for this charge level evaluates every aggravating factor independently before advising on strategy.
Sexual contact with a person under 17 (2nd degree felony) or exposure (3rd degree felony). Both carry mandatory sex offender registration for life.
Soliciting a person under 17 via electronic means is a second-degree felony. Sting operations by law enforcement are common — Herman challenges entrapment, predisposition evidence, and the sufficiency of officer conduct. A sex crimes lawyer Houston clients hire treats every sting-operation communication as independently reviewable evidence.
Possession, promotion, or distribution of child sexual abuse material carries severe penalties under both Texas and federal law. Digital forensics, chain of custody, and knowledge element defenses are central to these cases.
Missing a registration update is a felony under Texas law. Herman defends these charges by examining whether proper notice was given, whether the registrant moved, and whether a technical violation amounts to criminal intent.
What Are the Consequences of Sex Offender Registration in Texas?
Texas requires sex offender registration for most sex crime convictions — and for many, registration is for life. Once on the registry, you face:
- Residence restrictions — cannot live within 1,000 feet of a school or daycare
- Employment restrictions — many industries automatically disqualify registered sex offenders
- Public listing on the Texas DPS sex offender website
- Regular check-ins with local law enforcement
- Travel restrictions and notification requirements
- Loss of the right to vote while incarcerated
- Potential federal reporting requirements if you travel internationally
Avoiding sex offender registration is one of the most important outcomes Herman fights for in every sex crime case. A sex crimes lawyer Houston relies on for registration-avoidance strategy treats this as a top priority from the very first consultation, not an afterthought once a plea is already on the table.
What Are the Defense Strategies for Sex Crime Cases in Texas?
Sex crime defense in Texas requires attacking the accusation, the evidence, and the investigation — through false allegation challenges backed by communications and forensic interview analysis, consent defenses under §22.011(e), independent forensic expert challenges to DNA and digital evidence, and entrapment claims in sting operation cases under Tex. Penal Code §22.011 and §22.021. This multi-track defense approach is why so many families searching for a sex crimes lawyer Houston choose Herman Martinez by name.
Many sex crime accusations arise from family disputes, custody battles, or revenge. Herman investigates inconsistencies in the complainant's account, reviews social media and communications, and works with forensic interview experts to challenge how child disclosures were obtained. A sex crimes lawyer Houston clients trust treats every disclosure interview as a potential source of inconsistency worth examining closely.
For adult complainants, Herman examines the full context of the relationship, prior communications, and the circumstances of the alleged incident to establish consent or reasonable belief of consent.
DNA evidence, digital forensics, and medical examination findings all have scientific limitations. Herman works with independent forensic experts to challenge the state's evidence and expose alternative explanations. A sex crimes lawyer Houston clients hire retains independent experts on every case involving DNA or digital forensic evidence.
In online solicitation sting operations, law enforcement sometimes crosses the line from detecting crime to inducing it. Herman scrutinizes every communication between the officer and the defendant to identify entrapment and predisposition evidence. This message-by-message review is standard practice for any sex crimes lawyer Houston clients trust with an online solicitation case.
Choosing the right sex crimes lawyer Houston can trust often determines whether a case ends in dismissal, reduction, or trial. Sex crime cases frequently involve protective orders, protective order violations, and overlapping domestic violence charges. When the alleged victim is a family or household member, see also Herman's page on domestic violence defense for the additional consequences that apply when the relationship element is present.
Sex Crimes Defense Questions
A conviction cannot be expunged. If charges are dismissed or you are acquitted, expunction is available for most sex crime charges. Deferred adjudication on sex offenses does not qualify for non-disclosure. This is why fighting for dismissal or acquittal — rather than accepting a plea — is so important in sex crime cases. A sex crimes lawyer Houston clients hire pursues dismissal as the first and strongest option in every case.
Texas Penal Code §22.011(e) provides an affirmative defense to sexual assault when the actor is not more than 3 years older than the alleged victim (who must be at least 15) and the conduct was not by force, threat, or fraud. This provision may apply in certain teenage relationship cases, but it does not apply to indecency with a child charges.
No. Invoke your right to remain silent and your right to an attorney immediately. Sex crime investigations often involve pretext phone calls, forensic interviews, and undercover operations designed to get you to make incriminating statements. Anything you say — even a denial — can be used against you. Call Herman before saying a single word.
Yes — most sex crime convictions in Texas require lifetime sex offender registration under Chapter 62 of the Texas Code of Criminal Procedure. Registration requirements include regular reporting, address verification, employment disclosure, and restrictions on where you can live and work. Even deferred adjudication on qualifying sex offenses requires registration. Herman fights to avoid registration-triggering outcomes in every sex crime case.
A pretext call is a recorded phone call or text conversation where the alleged victim — directed by law enforcement — contacts the accused to try to elicit an admission or incriminating statements. These calls are recorded and used as evidence. Herman advises clients that any contact from an alleged victim during an investigation should prompt an immediate call to him — not a response to the alleged victim.
Common defenses include: consent (the conduct was consensual and the allegation is false or exaggerated), mistaken identity (the alleged victim identified the wrong person), fabrication (false allegations motivated by custody disputes, revenge, or other ulterior motives), and lack of evidence (the state cannot prove each element beyond a reasonable doubt). Herman evaluates the specific facts of every sex crime allegation before selecting the defense strategy.
Text messages, emails, social media communications, and phone records are frequently central evidence in sex crime cases — for both prosecution and defense. Prior consensual communications, messages that contradict the timeline of an allegation, or communications showing the alleged victim's motive to fabricate are all discoverable. Herman subpoenas digital records and retains forensic experts to extract and analyze electronic evidence favorable to the defense.
False accusations do happen — in the context of divorces, custody battles, financial disputes, and other contentious relationships. If you are falsely accused, do not contact the accuser, do not speak to police, and call Herman immediately. Preserving digital evidence, text messages, and any communications that establish the true relationship between you and the accuser is critical and must begin immediately — before evidence is deleted or lost.
Texas sex offender registration creates significant ongoing restrictions: you must report changes in address, employment, and vehicle to law enforcement; you cannot live within 500 feet of a school, daycare, or playground in some jurisdictions; your information is publicly searchable; and many employers and landlords automatically disqualify registrants. These lifelong consequences make avoiding registration — through acquittal, dismissal, or charge negotiation — the highest priority in every sex crime defense. A sex crimes lawyer Houston depends on for registration-avoidance strategy evaluates every negotiation option with this priority in mind.
Yes — Texas law does not require corroborating physical evidence for a sexual assault charge. A complainant's statement alone can be sufficient for charges and even for conviction. This makes the credibility of the accuser and the consistency of their account central to the defense. Herman scrutinizes prior statements, forensic evidence (or the absence of it), and the circumstances of the allegation to identify inconsistencies and build the defense case.