Defense of Charge: Two Second Degree Felonies (Indecency with a Child – Sexual Contact).
Case Result: Dismissed
My client was a teacher charged with two second-degree felonies of Indecency with a Child – Sexual Contact. Specifically, my client was teaching in the Houston area when two students made allegations that my client touched them inappropriately while in the classroom.
Under Texas’s laws, a second-degree felony is punishable by imprisonment in the Texas Department of Criminal Justice for 2 to 20 years and a fine of up to $10,000. My client was facing up to 40 years in prison.
As a former teacher, I understand how students can make false allegations like these and can completely ruin someone’s life. Even before a conviction or even an indictment, teachers are usually asked to resign simply from an allegation. These allegations can follow a teacher around for the rest of their career. Media is often involved in these types of allegations, so it is important that you hire an experienced defense attorney who has handled these types of cases.
My client was facing two allegations – one allegation was that my client inappropriately touched a student when the student was sitting at his desk taking a test – the other allegation was that my client inappropriately touched the student while the student was sitting on a bean bag in the reading center. The state believed the students.
It is important to hire an experienced criminal defense attorney who will conduct a thorough investigation. The students/complainants both gave recorded interviews describing what they claimed happened. During my investigation, I reviewed both recorded interviews several times and met with my client. I also reviewed offense reports and explored possible motives for these students to make false allegations. In my experience, facts can vary one way or another compared to what is stated in an offense report or a recorded interview.
My client maintained his innocence from the very beginning and throughout the cases. The state’s final offer was to dismiss one case and three years deferred probation on the other case, but my client refused.
My client and I continued to fight these allegations. When the prosecutor would not dismiss these cases, we set the cases for trial. I was in constant communication with the prosecutor, arguing for my client and explaining why these cases should be dismissed and the potential for a jury to find him not guilty.
We were one week away from picking a jury to go to trial when the state called me, stating they would dismiss both second-degree felonies. This was a huge win given the fact that my client was a teacher and students were the complainants.
If you are charged with a crime, such as a second-degree felony, it is important that you hire an experienced criminal defense attorney who has successfully handled criminal cases involving all types of charges. My client was thrilled that his felony cases were dismissed and he could get his life back. If you have been charged or think that you may be charged with a felony offense in Texas, contact our criminal defense law office to schedule an attorney consultation.
