Sex Crimes and the Sex Offender Registry in Texas
San Antonio Sex Offender Registry Attorney
Interviewer: You mentioned a sex offender registry. Does that happen only if there is a conviction?
Texas Has Two Sex Offender Registries
Attorney Churak: In Texas we have 2 types of registrations for an adult. We have a 10 year registration and that’s for a lesser offense such as indecent exposure. A second offense is a 10 year registration. Most registrations in Texas for any kind of sex offense are a lifetime registration. That means that for the rest of your life, you’ve got to go down to the police station every year and register as a sex offender. Your name is on the Internet, people know exactly where you live and you’re a registered sex offender.
It doesn’t matter what offense it is. I’ve had a client that was 3 years and 10 days older than the girl he had sex with. In other words, he was 18 and she was 14. He was 350 days just outside the window but unfortunately it was sexual assault of a child. He had to do lifetime registration and there’s no exception to it because it’s one of the strict liability cases.
There Is a Limited Provision So Sex Offenders Do Not Have Register If the Case Meets Certain Criteria
Now there is some provision in Texas law where they can get off registration and that’s something that’s come up in the last 5 or 6 years. There’s 2 ways you can qualify such as in that scenario I just mentioned.
The Romeo and Juliet Law
It is called the Romeo and Juliet law and if the child is 15 and there’s a 4 year age difference between the parties, that they can get off of registration or not have to be required for to register if it was consensual.
The other type is for certain offenses, such as indecency with a child by contact or some online solicitation cases. You may be able to terminate registration. There is a provision under Texas law after 10 years where you could file an application with the counsel of sex offenders and often, get an evaluation done. It is possible to file a motion within the convicting court to see if the judge will let you off the registration.
Since the Statute Is Still New, It Is Hard to Predict How Often It Can Be Applied to Certain Cases
That’s just something brand new. It’s happening. I’ve got a number of them working but it’s something I don’t know where it’s going to go. This is because I foresee a lot of elected judges in Texas having a hard time letting registered sex offenders off the registry. I just think that’s a political nightmare for them. I don’t know where that’s going to go.
Hopefully, you can have the case before a judge who’s retiring, not going to run for a reelection or he’s lost election, and then proceed with your motion.
Attorney Churak Feels This Statute Has Merit because of the Number of Innocent People Who Accepted a Plea Bargain Rather Than Face Prison
Interviewer: That’s sad because there are apparent virtues in the case and the person.
Attorney Churak: I agree and as I mentioned, there are a lot of innocent people that were convicted or were received probation for indecency with a child by contact because they didn’t want to fight the case in court. They were afraid because if they did they were looking at potentially going to prison so they jumped on a probation or plea bargain agreement. They now have this offense on their record for the rest of their life.
What Are the Possible Penalties for Solicitation of a Minor?
San Antonio Solicitation Of A Minor Attorney
Online solicitation starts at a 3rd degree felony which is anywhere from 2 to 10 years in prison and a lifetime registration as a sex offender. If there are any photographs involved, the charge escalates up to possession of child pornography, a 2nd degree felony which is carries a prison term of 2 to 20 years.
Interviewer: When you say photographs involved, you mean the adult that’s sending photographs themselves?
Attorney Churak: Both,where the adult sends photographs of himself, possibly of his genital area and the person on the other side, the child, does the same.
If the Police Are Conducting a Sting Operation, They Will Not Transmit a Photo
Interviewer: If the communication is part of a police sting operation, will they still send a photo?
Attorney Churak: If it’s a police officer, they will not send a photo. It’s usually the defendant sending the pictures.
Texas Law Stipulates It Is a Crime If the Participant Is Less Than 14 Years Old
San Antonio Minor Sexting Lawyer
Fourteen’s the cutoff age in Texas. Any child younger than 14 is presumed not be able to consent to anything which really causes major issues. This is because at 14, you’re talking 8th grade, 9th graders and these kids are in the experimental phase. Some of them are sexually active.
Some Middle School-Age Children Engage in Sending Sexually Themed Text Messages
Technically, “Sexting” Is a Form of Child Pornography but Is Usually Not Prosecuted If Both Participants Are Minors
Each year I give a speech. My son is 15 now but I’ve given a speech at the middle school telling these students, “This is serious stuff, so you got to watch out for it.” Sexting is an issue but that’s something I think that they try to not handle though the criminal justice system, more through counseling for the teenagers. Technically, it is considered child pornography.
Interviewer: Do you encounter many cases involving minors communicating with one another?
Attorney Churak Finds That Counseling, Not Detention, Is Recommended in These Cases
Attorney Churak: I haven’t handles a large number of criminal cases dealing with that. I’ve had some issues with that in other matters but not on the criminal side. I’ve had some familial issues where that had been an issue but criminally, they really don’t enforce that to the statutes.
There was a sexting statute in Texas but I have not had one case involving it and I think they look more to counseling. Of course, the juvenile justice system is a lot different than the adult criminal justice system.
Interviewer: Let’s say if the case came to you and it was in the criminal vein, you’d probably try to get it transferred to a juvenile court?
In Texas, If a Child Is Under the Age of 17, He or She Is Considered a Juvenile
Attorney Churak: It would depend. In Texas, if the child is under the age of 17, he’s considered a juvenile. Unless you’re certified as an adult, but on these types of cases they’re not going to certify the child as adult.
They may move for determinative sentence, which is a little different situation but they’re not going to certify them as adult. Usually, with a juvenile, you’re looking at probation and counseling. They’re not going to put you away in the youth commission holding facilities for something like this.
As long as there’s no contact or nothing that’s not consensual, usually it’s just going to be resolved within the juvenile system with counseling.
What Unfolds during a Child Pornography Investigation?
San Antonio Child Pornography Attorney
Interviewer: What are scenarios under which people are charged with child pornography offenses?
If the FBI Confiscates Your Computer in a Child Pornography Case, You Can Be Facing 6 or More Years in Prison
Attorney Churak: It’s going to depend on where the investigation is going. If the FBI shows up and takes your computer, you are going to be prosecuted. The bottom line is if you’re in the federal system, you’re looking minimum 6 years on up for possession of child pornography.
If Necessary, the Federal Agents Will Take Years to Put a Case Together
The number of years depends on how many pictures you have and how much content you have in your computer system. Federal agents are monitoring sites known for child pornography trafficking. They’re monitoring credit card transactions and they put two and two together. It may take 2 years of investigation before they have a case but then they show up at your door with a search warrant and they confiscate your computer.
State-Level Investigations Are Structured Differently and the Offenses Do Not Carry Mandatory Jail Time
The state level investigations are little different. State-level offenses do not carry mandatory jail time on these things and the attorney has more leeway in negotiating with the DA.
With these cases, the prosecution has to prove that you actually the one who accessed this particular site. Just because it’s on your computer doesn’t mean you accessed this site. There are experts out there that can do a complete history of your computer system and thumbnails to determine whether or not you actually accessed the site or if it was just something on your hard drive.
Are These Sex Crime Charges Defensible?
San Antonio Sex Offender Lawyer
Interviewer: What possible defenses are there to this scenario?
Attorney Churak: There aren’t many defenses. The question boils down to what is the nature of the communications? Is the communications the type that is sexually oriented? Is it looking to have sex with a child? That’s what they’re looking for.
The Authorities Are Aware of What Proof Is Needed to Prosecute These Cases
It’s got to have some sexual connotation and the authorities need to have that. If it’s just communication without any real deep sexual connotation, they usually don’t even prosecute. Most of time, when they prosecute they’ve already decided that they’ve got a strong enough case and they’re going to go forward with it.
In that situation, the police already have the IP address, the e-mails and they’ve got everything in line to prove it’s him that’s doing it. They’ve got the computer. They’ve pulled everything off the computer.
If the Prosecution’s Case Is Strong, the Defense Attorney Will Work to Mitigate the Charges to Avoid Incarceration
If the communication was with an officer, of course, they have all the evidence on the other side. At that point in time, you look at damage control and what we try to do is avoid the situation of having to go to prison. Some of these people are family men that are working and supporting families and they just get addicted to this behavior.
Ideally, the Defense Attorney Will Try to Negotiate a Plea That Includes Probation Instead of Prison
Usually, in these situations, what we do is we’re looking at a probation deal and usually the DAs are particularly fond about recommending probation in these types of cases. The defense attorney has to prepare a fairly strong case to the judge to try to get probation.
Attorney Churak Has His Clients Evaluated by a Sex Offender Counselor
What I do is deal with a sex offender counselor who has worked for 30 years and just doing evaluations and counseling sex offenders. She has worked with the county and the criminal justice system and juveniles and so she has a good reputation.
If the Client Is in Need of Treatment, the Counselor Will Testify on Their Behalf to Support Attorney Churak’s Recommendation of Probation
We send the defendant over to her to work up an evaluation to see whether this individual is truly a predator or not and have that information for the court. I have her come in and testify that this individual warrants probation and needs help and the best way to get this help is through sex offender counseling.
If the Evidence Is Comprised of Photographs, the Case Can Be More Difficult to Defend
We try to get these people probation. The truth of the matter is it works about 50% of the time. It just depends on the judge involved. Of course, if there’s photographs involved, it really complicates the issue because then you now have to defend a little more than just words.
The Courts Are Primarily Trying to Determine If the Offender Is a Sexual Predator
Interviewer: How much does the counseling recommendation help?
Attorney Churak: I think it helps a lot because you have some evidence presented to the court that this person needs help. The main thing the court is looking for is the fact that he’s not a predator.
They do all the testing, including the plethysmograph to determine whether the defendant is just going to be a predator or he’s just somebody who needs help. Sexual Addiction is considered a true ailment.
If a Minor Solicits another Minor, Is That a Crime?
Interviewer: What happens if a minor solicits another minor? Is that a crime as well?
Attorney Churak: That would depend. Technically, it is a crime. There is a defense, an affirmative defense in the State of Texas that if there is 3 years age difference between the kids, 36 months, that it’s an affirmative defense. But if the child is younger than 14, then it is considered a crime.
How Do False Accusation Cases Unfold?
San Antonio Sexual Abuse Lawyer
Interviewer: What happens in those kinds of cases? What are the possible defenses you use?
Much Occurs without the Suspect’s Knowledge
Attorney Churak: The scenario starts as Child Protective Services shows up at the door and they say, “We have a complaint that there’s been sexual abuse in this household,” and they try to get a statement from the Dad. They’ve already got the statement from the daughter because she called a school counselor. The counselor has called CPS. CPS has come in. The police have come to the school and they’ve done all this in school without you even knowing what’s going on. So the next call is from detective that wants you to come in and talk to him.
The Suspect Will Be Asked to Answer Police Questions and to Undergo a Lie Detector Test
You are under a great deal of stress already especially if you didn’t do anything wrong. If you did something wrong too, you shouldn’t be going talking to a detective but you go there and you are in a room with a desk and two chairs.
He says, “All right, you’re free to leave at any time. You’re not under arrest. I just want to ask you some questions. This is recorded. Once again, you’re free to leave anytime.” Then he reads you your rights and tries to trip you up to get a confession out of you or get you to make some inconsistent statements. Then they’ll try to get you to take a lie detector test.
It Is Imperative to Contact an Attorney as Soon as You Are Contacted by the Police
I always tell people, the minute they get a call from a detective or the detective is on their doorstep or they think they’re going to be a subject for an investigation of a sex crime allegation they need to call an attorney immediately.
Set up an appointment and obtain legal representation because nobody’s your friend out there. Everything you’re saying, they’re trying to use it against you and make the case against because the opinion is the child never lies, a child is always right and you’re a sex offender.
The State Will Strenuously Pursue an Allegation of Sexual Contact with a Child
We have an expert here in town, Dr. Kellogg, that testifies for the state. She’s a doctor who does sex examinations of children. She has never found an alleged sex offender who was not guilty. This woman will get up there and say the most audacious statements on cases just because her opinion is he’s guilty.
The victim never lies and even though the medical testimony doesn’t support it, she’ll twist it around. There are no friends out there for you. You’re on your own. Go hire a lawyer. He’s your only friend right now.
Attorney Churak Has Observed a Variety of Outcomes for These Cases
Interviewer: How often do you ever obtain a good outcome in these cases?
Attorney Churak: I’ve had cases dismissed because the DNA evidence didn’t come back supportive of a case. I’ve had cases dismissed where basically, the contact was consensual. The alleged victim is 16 years old. She’s not quite legal in Texas. The suspect is 21 and the family does not want to go through with prosecuting it so the case gets dropped.
I’ve had clients, even though they have adamantly stated they weren’t guilty say, “I will take an offer of probation.” Then they take the offer of probation, not risking the chance to try the case and go to prison.
I’ve had clients that have sat down and said, “I didn’t do it.” There’s a 10 year offer on the table and they say, “No, we’re going to trial.” We’ve picked juries and we’ve tried cases and I won a lot of cases and I’ve lost the cases. In the cases I lost I would guarantee you the suspect was guilty.
What Crimes Are Considered Sex Crimes?
San Antonio Indecent Exposure Attorney
Interviewer: Sex crimes are a pretty broad theme. What are typical types of crimes that are considered sex crimes that you handle in your practice?
The Lowest Level Sex Crime Is Indecent Exposure
Attorney Churak: It would start with probably the lowest category which would be an indecent exposure, a disorderly conduct situation. That’s usually where somebody is exposing them self in public or urinates behind a building, coming out of a bar and is arrested.
That would be the lowest level. They are usually non-registration type cases except they don’t look good on your criminal record when a criminal record background check is done.
Sex Crimes Involving Contact Are Considered More Serious
Moving up to the categories of the more serious ones would start with the crimes that have the actual contact involved. That could start with indecency with a child such as fondling a child to sexual assault or rape of a person, either a child or an adult.
Internet Sex Crimes, Including Child Pornography Are Becoming More Prevalent
Then you get into the electronic media offenses as I call them, which include internet solicitation, child pornography, and sexual performance by a child. These types of crimes seem to becoming more and more prevalent.
Interviewer: I’ve heard in many states, the police, are staking out sites such as Craigslist and other online advertising places where they’ll pretend to be an underage person to entice individuals involved in child pornography.
The Police Are Conducting Many Online Operations to Catch People Viewing and Trafficking Child Pornography
Attorney Churak: That happens all the time and quite frankly, 9 out of 10 times, the person you’re communicating with online on these situations, especially if they let you know they’re a minor right off the bat or within the first couple of communications is usually a police officer.
People don’t realize that but the police officers just play along with them. They are careful not to do entrapment. They just answer questions and what they try to do is get the individual to admit that he knows that it’s a child and that the child is under a certain age.
Solicitation to Minors: Inappropriate Communication Online with a Minor
Interviewer: What is the criminal name for that type of action? Is the crime just talking to someone underage online?
Attorney Churak: It is called solicitation to the minors. You can communicate with them but when the language carries a sexual connotation or is an invitation to get together or they begin exchanging photographs then it becomes a crime. You don’t even actually have to physically with the person.
Just by talking, having sexual connotations in your communications and talking about possibly meeting up or sending photographs through the Internet or sexually themed texts can be a crime.
Is Visiting a Site the Same as Possession of Child Pornography?
San Antonio Possession of Child Porn Lawyer
Interviewer: When you view an image on a site, is that considered possession?
Attorney Churak: That’s the question is that, one, they’ve got to prove it’s a child. Two, they’ve got to show it’s a sexually oriented picture. There is distinction between the art situation and the child situation.
There Is a Distinction between Art and Pornography
That’s when we can consult with an IT expert as to whether it was a thumbnail, in other words, an unsolicited image that popped up on your computer. The image is in your history but you never opened it. The question is how many times have you gone on that site and how many pictures do you have in your inventory?
I’ve had cases where the client had a file folder full of child pornography and he took his computer in to get fixed and of course the guy opened it up and called the FBI.
It depends on the investigation. Most state cases the state just stumbles on and usually somebody will find images while working on a computer or they’ll look at online solicitation cases and find child pornography on the computer.
Your Cellphone Can Also Be Confiscated
To note, in addition to your computer you cellphone can also be confiscated by authorities. I’ve had clients that set up cameras in bathrooms and took pictures of people in the bathroom including little girls. That’s not only improper photography; it’s also possession of child pornography if the child is under the age of 17.
In Federal Cases, the Agents Will Build Enough Evidence against a Suspect That a Conviction Is Almost Guaranteed
The Federal agents work a bit differently and are sophisticated. They actually monitor these sites. They know where these sites are. Most of them are offshore. They check the IP addresses. They know where it’s going.
If credit cards are used, they run the credit card against these addresses and everything else so they’ve got a fairly sophisticated investigatory unit that’s doing these things. Once the Federal agent knocks on the door, they already have a pretty airtight case against you.
What Are the Potential Penalties for Possession of Child Pornography?
San Antonio Child Porn Possession Attorney
Interviewer: What are the penalties for possession of child pornography?
Attorney Churak: Under the Federal system, it’s depending on how many pictures you have. It basically starts at around five to 6 years minimum sentence on up. I’ve seen 40-50 year sentences on child pornography in the Federal System.
The Penalties for Possession Are Lighter Than Those for Promoting the Use of Child Pornography
In the State system, it’s a 2nd degree felony that carries anywhere from 2 to 20 years. If it’s a question about are you in possession or have you promoted the use of the material. Possession again carries a lot lighter sentence than promoting it.
Promoting under Texas law is saving it or putting to a favorite or saving the picture or making a copy of it or transferring it to another medium. Any of those actions are considered promoting it.
Many statutes were written before the Internet was created. Back in the old days, if you made a copy of it, it was a reason you made a copy, you wanted to show it to somebody.
Attorney Churak Is Licensed to Represent Cases in State and Federal Court in Texas
Interviewer: Can you handle both federal and state cases?
Attorney Churak: Yes, I am licensed in Federal Court. I am allowed in the Western District of Texas and I am also licensed in all State Courts.
Can an Alleged Underage Victim Recant an Accusation?
San Antonio Sex Offense Attorney
Interviewer: In these scenarios, if the child makes accusations, are they allowed to recant it later?
Attorney Churak Finds That Alleged Victims Rarely Recant Accusations
Attorney Churak: They can always come in to recant but do they recant? No. That’s the most difficult thing as a defense attorney, is when they put the little child up there on the stand and they bring in her teddy bear and they bring in all the theatrics is to cross-examine that child.
You’ve got to do it so gingerly but what you’re trying to do is you’re trying to pull out major inconsistencies in the statements and bring forth anything that could establish any kind of bias or prejudice. What’s the motive of the child to say what she’s saying? That’s one thing. If there’s a motive there, if there’s motive for that child to say something, you got a good shot of walking out of that courtroom with a not guilty verdict.
In Cases Where the Child’s Version Holds up Under Cross-Examination, the Defendant Is Facing Serious Consequences
I’ve had that situation where I’ve discredited the parents of the complaining witness. The complaining witness was confused and gave different stories each time and you just have to bring it out in front of a jury. The juries are smart. They see a lot of these cases. But if the child credible and holds up under cross-examination and there are no reasons why they would be lying or stories to support why he or she is lying, your client has a serious problem.
Interviewer: You’re saying these children in these situations, even though by this point they must know that they’re going to be ruining someone’s life, will not recant their accusation?
The State of Texas Is Known to Fully Prosecute Any Sex Offense
Attorney Churak: They don’t care. They don’t think it’s ever going to get that far. The problem is that the child advocacy groups, once they get a hold of these children they’ve actually convinced them it really happened to them. Texas is probably one of the worst states in the union to be tried as a sex offender.
Attorney Churak: The way the laws are, the way the juries are. They don’t look kindly on sex offenders. It’s not uncommon to have life sentences handed out only because they can’t give them a death sentence.
A Competitive San Antonio Internet Sex Crimes Attorney Defends You from Online Solicitation Charges
A sexting defense attorney who provides professional, full-service representation to each client
The courts consider most Internet sex crimes to be felonies. If charged, you could face imprisonment, lifetime registration as a sex offender, loss of parental rights and many other harsh consequences. If you’re seeking a defense for the online solicitation of a child in San Antonio, speak with Attorney Gary Churak of the Law Offices of Gary Churak, P.C. for competitive and assertive defense. He has more than 30 years of legal experience and an in-depth knowledge of Internet sex crimes law. He listens to your side of the story and then forms a defense strategy to fight on your behalf in court.
Tenacious defense for a wide range of online sex crimes
There are many different types of Internet sex crimes, and defense for these types of cases often hinges on complicated technical details. Therefore, it is important to seek assistance from a San Antonio sex defense attorney when facing charges for Internet sex crimes such as:
- Solicitation. Solicitation charges could be for enticing a minor or seeking prostitution services. However, many of the tactics used to capture suspects in online solicitation cases are both unethical and illegal. Mr. Churak proves that law enforcement officers used entrapment to bring charges against you or that they infringed upon your privacy or rights, rendering any evidence against you invalid for use in court.
- Child pornography. Child pornography is a serious offense, with guilty parties subject to prison, sex offender registration and a permanently damaged reputation. Mr. Churak seeks to prove that any evidence collected against you was done so illegally or that child pornography on your computer was mistakenly accessed or downloaded.
- Sexting or instant messaging crimes. “Sexting” is a relatively new type of sex crime, referring to sexual conversations or photos sent via text message on a cell phone. When a person sends photos with or without consent or to a minor, even if the sender is also a minor, he or she could face sexual assault or enticement charges. Attorney Churak uses a variety of defense methods to minimize or dismiss any penalties you face as a result of sexting.
Contact a sexual assault attorney in San Antonio for further information about your defense options for Internet sex crime charges.
Contact a knowledgeable San Antonio attorney today
Call the Law Offices of Gary Churak, P.C. at (210) 545-3850 or contact the firm online for representation in your Internet sex crimes case. Mr. Churak offers free consultations and 24/7 phone answering services, with any calls on evenings or weekends immediately forwarded to his personal line.
Is There a Typical Scenario in an Arrest for a Sex Crime Such as Solicitation?
San Antonio Sex Crime Lawyer
Interviewer: What are the common backstories you hear from your clients? Do they have a common theme about their arrest?
Many People Use the Internet Inappropriately
Attorney Churak: The majority of them just went online. My clients have been from all walks of life, including professionals, married people and kids. I don’t know whether it’s the excitement, the thrill or they simply become addicted.
I do think part of it is they’re addicted to the Internet and they may have some sexual issues as well. Suddenly, the authorities are showing up at the house with a search warrant and they’re confiscating the computer and you’re going to jail.
Even If the Individual Is Not Communicating with an Actual Minor, Their Intent to Do So Is Considered a Crime
Interviewer: How is this still considered a crime when the person they are communicating with isn’t actually a minor?
Attorney Churak: It’s the intent that is the crime. You have to think it’s a minor. Law enforcement only has to prove that you thought that you were talking to someone under the age of 17 for sexual gratification.
What Does Law Enforcement Wait to Transpire before They Make an Arrest?
Interviewer: How low is the threshold for prosecution on these cases? Do they usually wait until you meet up with a person?
Attorney Churak: No, I’ve seen it handled both ways. I’ve seen it we’re they’ve actually staked out the meeting area they planned to meet and actually arrested the person there. In most of the cases I deal with in this situation, my client had not ever met the individual. It was just all communications over the Internet.
False Accusations of a Sex Crime
San Antonio False Accusation Sex Crime Attorney
Interviewer: Are there any low level borderline incidents that happened where it’s prosecuted as a crime but it might not have been a crime?
Attorney Churak Handles Many Cases That Are Attributed to False Accusations
Attorney Churak: All the time. It doesn’t take a great deal of information to start one of these cases. I’ve seen it all the time. For example, a stepdaughter doesn’t like stepdad because has rules. The stepdaughter makes an allegation to the counselor at school that stepfather touched her inappropriately.
The stepfather gets called into the police department and is subject to interrogation. The police may try to have him to take a lie detector. He could be charged with indecency with a child by contact and he’s looking at his life being ruined because this child doesn’t like his rules. I’ve seen this scenario occur time and time again.
I’ve tried a number of these cases that ended in not guilty verdicts under that same scenario. Or a young boy is always in trouble at school and he’s about to face some consequences so all of a sudden he says, “My uncle touched me, ” or something similar.
Then he goes from in trouble to being victim. These kids are smart. These kids know how to play the game. If they want to get somebody out of the house, they can get somebody out of the house very quickly.
Sex Offender Registry
San Antonio Sex Offender Deregistration
It is now possible for individuals registered as sex offenders in the State of Texas to obtain early termination of their obligation to register. Under Chapter 62 of the Texas Rules of Criminal Procedure, provisions are in play that allow individuals who have been convicted or placed on deferred adjudication probation for certain offenses to be eligible for early termination of sex offender registration.
There are also provisions for early termination of sex offender registration for juveniles and young adults under the Romeo and Juliette statute. Attorney Churak has assisted individuals in submitting their applications for early termination of registration and is knowledgeable in the application process, the clinical evaluation and the filing of the Motions in the State Courts of Texas to obtain deregistration.
He is well experienced in the handling of criminal matters including deregistration of sex offenders. Contact us for a free initial evaluation to see if you qualify for sex offender deregistration. If you qualify our office will present your application before the Counsel of Sex Offender Treatment, assist you in obtaining your clinical evaluation by a licensed sex offender therapist and represent you before the court to obtain early termination of your obligation to register as a sex offender.
Contact us for a free case evaluation. We are licensed to practice in all District Courts in the State of Texas and can handle your deregistration case anywhere in the State of Texas.
A Proactive San Antonio Sex Crime Attorney Representing Clients in a Variety of Cases
Sex Crimes Defense Attorney, Gary Churak, Protecting your rights and reputation
When you face charges for a sex crime, the only way to protect your rights and your reputation is to seek the assistance of a qualified attorney as soon as you are charged. At the Law Offices of Gary Churak, P.C., Attorney Churak represents clients accused of rape, sexual assault and Internet sex crimes, among other crimes. He meticulously pores over all of the evidence in your case to craft a solid, persuasive defense to bring to the courtroom. With more than 30 years of experience, Mr. Churak has the legal skills you can trust to earn a positive outcome for you.
High-quality defense from rape allegations
Courts consider rape to be any non-consensual sexual activity. As your San Antonio rape attorney, Mr. Churak fights for you in court to ensure that the prosecution does not get away with circumstantial evidence or emotional appeals against you to secure a conviction.
Trusted counsel when you face sexual assault charges
Sexual assault refers to a range of sex crimes, including attempted rape, inappropriate touching, penetration and child molestation. San Antonio sexual assault attorney Gary Churak seeks to prove that the allegations against you are false and that the prosecution attempted to cover up evidence of extortion, child custody disputes or the presence of consent.
Legal aid during Internet sex crime proceedings
Internet and technological sex crimes, such as Internet solicitation, child pornography and sexting are generally classified as felonies, meaning you may face significant penalties if convicted. Attorney Churak uses a variety of proven defense tactics to protect your reputation and maintain your freedom.
Get the benefits of working with a San Antonio sex defense attorney
Sex crime cases can become complicated very quickly, so the services of a skilled attorney are necessary to achieve a positive result. Some of the benefits of working with Mr. Churak include:
- Spirited defense. Mr. Churak seeks to prove entrapment or extortion and evidence of consent to seek a case dismissal or not guilty verdict.
- Peace of mind. Attorney Churak’s reputation for comprehensive service and his significant courtroom experience ensure you’re in the best possible hands throughout the legal process.
- Minimized penalties. When a total case dismissal is not possible, Mr. Churak uses his knowledge of sex crime law and his rapport with local judges to minimize the penalties you face.
Contact a San Antonio violent crime attorney for legal aid
When you need representation for sex crime charges, call the Law Offices of Gary Chy evening or weekend calls instantly forwarded to Mr. Churak’s personal line so that he can constantly serve you.urak, P.C. immediately at (210) 545-3850 or contact the firm online to schedule a free consultation.
A Meticulous San Antonio Sexual Assault Lawyer Defending Your Rights
Prepared to protect your rights in court
Sexual assault charges can destroy your future unless you seek the counsel of a diligent sex crimes attorney. Work with Attorney Gary Churak of the Law Offices of Gary Churak, P.C. to defend yourself against these serious and potentially life-altering allegations. With more than 30 years of legal experience, Mr. Churak understands the way the court system handles sexual assault cases and is adept at pursing defense strategies that give you hope for a better future. When your freedom and reputation are on the line, he works to protect your rights and aggressively pursue a swift resolution to your case.
Minimize or avoid the severe penalties from sexual assault convictions
Sexual assault comprises a broad range of crimes. The law considers any non-consensual sexual activity such as the following to be sexual assault:
- Unwanted touching or intercourse
- Child molestation
- Attempted rape or penetration
Additional scenarios, such as cases where the victim was either asleep, too intoxicated to give consent or influenced by trust or authority of the alleged assailant, can also lead to these charges.
When you stand accused of any sexual assault crimes, you must act quickly and obtain the aid of a San Antonio rape attorney to have the best chance of clearing your name. Given society’s repulsion for sex crimes, courts dole out hefty punishments to people found guilty of sexual assault. If convicted on sexual assault charges, you could face prison, probation, major fines and court-ordered rehab.
As your San Antonio criminal defense lawyer, Mr. Churak painstakingly analyzes all the details surrounding your case and crafts a persuasive defense using tactics such as:
- Proof of extortion. In some cases, accusers use sexual charges as an easy way to obtain money from a defendant. This is particularly common when the defendant is a high-profile public figure or the superior of the accuser in a workplace.
- Child custody disputes. When divorced spouses have disputes over child custody, it is not uncommon for one parent to make false sexual assault or molestation accusations against his or her spouse to obtain full custody.
- Consent. Some alleged victims may fake charges of sexual assault to cover up what was actually consensual sex to protect their reputation. Mr. Churak makes sure the courts hear the full truth about the encounter.
Speak with a competent sexual assault attorney in San Antonio today
For more information or to schedule a free consultation, call the Law Offices of Gary Churak, P.C. at (210) 545-3850 or contact the firm online. Mr. Churak is a strong-willed, dedicated attorney who never stops until he achieves victory. He keeps his phone lines open 24/7 and has calls forwarded directly to him on evenings and weekends so that he can constantly stay in touch with you.
Aggravated Sexual Assault
San Antonio Sexual Assault Attorney
Interviewer: What are the different areas of sexual assault that are most common?
In Texas, the Definition of Sexual Assault Encompasses Many Kinds of Contact
Attorney Churak: You have aggravated sexual assault, which is basically using a weapon to commit a sexual assault. In Texas, sexual assault is considered any penetration. It does not even require penile penetration. It’s a very loose definition.
Interviewer: So would groping be considered a form of sexual assault?
When Is Sexual Assault an Aggravated Charge?
Attorney Churak: That would be considered a sexual assault. It would be aggravated sexual assault if they use the weapon to force them. If the child is under the age of 14, it’s considered aggravated in Texas. This is because we’ve followed Jessica’s Law and have strict statutes dealing with sex offenders in Texas.
In Texas, If the Victim Is Under the Age of 14, the Charge Is Aggravated
If you sexually assault a child under the age of 14, you’re probably going to prison for a long time because you’re not eligible for probation. You will have to go to trial try to get acquitted by a jury or you’re going to prison. That’s just something new that’s come out under Texas law, if the child’s under the age 14. If a child’s over 14, it becomes a different story.
Interviewer: What happens if the victim is over 14?
Attorney Churak: The judge can’t give you probation but jury can give you probation in their verdict.
Interviewer: What are the scenarios that you see in the sexual assault realm, the most common ones?
Attorney Churak Handles a Number of Accusations of Rape Cases
Attorney Churak: With rape cases, most of them have been somebody accusing somebody of raping them and it was consensual or somebody who had a little too much fun at a party. The last couple ones I’ve actually had, the DNA came back but it wasn’t my client.
I had one case where there were three different DNA samples in the woman but they were all closely related because they were three brothers. She filed on one them. Two of the brothers were filed under one brother. That case didn’t really go very far.
You don’t’ see a many of those cases because of the awareness in this area. I was primarily handle cases with children than with adults with the sexual predator situation.