Criminal sexual conduct in the first degree is one of the most serious charges in Texas. It covers acts of sexual penetration under circumstances like force, coercion, or when someone can’t consent. With so much at stake, it’s imperative to understand what this charge means and how to fight it.
Understanding Criminal Sexual Conduct in the First Degree
The Texas penal code categorizes criminal sexual conduct in the first degree as involving acts of sexual penetration carried out through force, coercion, or a position of authority. A person can face charges if the victim is under 14 years old or unable to consent because of mental or physical disability. These situations are consequential because they involve taking advantage of someone who can’t defend themselves.
Common factors leading to such charges include:
- Force or Coercion – Using threats, physical force, or intimidation to accomplish the act
- Position of Authority – When individuals like substitute teachers, child care providers, or others in a position of trust exploit their role to engage in sexual penetration with another person illegally
- Personal Injury – Instances where the victim suffers physical or psychological harm as a result of the act
- Mentally Incapacitated or Physically Helpless Victims – Targeting someone who cannot legally consent due to their condition
Having a clear understanding of what criminal sexual conduct in the first degree involves is the first step toward knowing your rights and building a strong defense.
Penalties for Criminal Sexual Conduct in the First Degree
In Texas, a conviction for criminal sexual conduct in the first degree means a minimum of 25 years behind bars. That sentence only worsens if there’s a prior conviction or evidence of significant harm. And let’s not forget – this charge comes with mandatory sex offender registration, a label that follows you for life and makes moving forward nearly impossible.
How Prosecutors Build a Case
Prosecutors will need to prove that the accused committed sexual penetration under the circumstances mentioned earlier. They might rely on:
- Statements from the alleged victim
- Physical evidence tying the accused to the scene
- Medical reports showing injuries
- Records or witness accounts that suggest force or coercion
Prosecutors often argue that the accused’s actions or circumstances point to criminal sexual conduct in the first degree.
Defending Against a Criminal Sexual Conduct Charge
If you’re accused of criminal sexual conduct, you don’t sit around and hope for the best – you act fast. Step one: get a top-tier defense attorney. Someone who knows how to fight, not just fold. Why? Because the prosecution is already building its story, you need someone to tear it apart. Now, let’s talk defenses.
- Consent – Showing that there was no force or coercion
- False Accusations – The priority is finding inconsistencies, exposing weak points, and breaking their story apart. Can you sue for being falsely accused of sexual assault?
- Mistaken Identity – Supporting your defense with alibis and evidence that it couldn’t have been you
Don’t sit around waiting for something to happen. Every second you lose gives the prosecution a head start. The legal system doesn’t wait for anyone, so you must stay ahead and prepared.
Why Legal Representation Matters
Being accused of criminal sexual conduct in the first degree will be one of the most brutal battles of your life. You can’t fight this alone, and you shouldn’t. Evidence speaks louder than words, and a Texas sex crimes defense attorney will know how to use it to support your case.
What to Do If You’re Accused
Facing an accusation of criminal sexual conduct can be overwhelming, but taking the right steps early can make all the difference in protecting your future:
- Stay Silent – Anything you say can be used against you. Politely decline to answer questions without your attorney present.
- Hire an Attorney Immediately – A criminal defense attorney can help you understand your rights and options.
- Gather Evidence – Collect records, witness statements, or anything else to help your defense.
- Avoid Contact with the Alleged Victim – This helps protect your case and avoid further complications.
By acting quickly and strategically, you can take control of your defense and work toward the best possible outcome.
Take Action Today
No two cases are the same, and that’s exactly why your defense needs to be built around the facts that make yours different. The path to a fair outcome starts there.
Being charged with criminal sexual conduct in the first degree isn’t something anyone is prepared for. But with the right lawyer, you can fight back. At The Law Offices of Mark T. Lassiter, we’re here to build the kind of defense that doesn’t just hold up – it takes their case apart. Check out our law firm’s recent case results. Contact us at (214) 845-7007 to get started.
