In Defending These Cases, Experience MattersSuper aggravated offenses are governed by unique laws affecting every aspect of each case. Prosecutors are allowed to use evidence that is normally barred from use in court. Defense attorneys are prevented from using techniques normally available to them. The punishment faced by anyone accused of a super aggravated offense means that death in prison is a real possibility. These cases (continuous sex abuse, super aggravated sex assault, and the repeat sex offender sentencing enhancement) require experienced, dedicated defense counsel who will rush to protect you. At Hoelscher Gebbia Cepeda, PLLC, we know what it means to sit with and speak for someone accused of the worst crimes against children. We know that just the accusation of repeatedly raping a young child, for example, can destroy families and ruin lives, even when the accused is innocent. We know how tough these cases are, especially for our clients, because we have fought super aggravated felony cases in the investigation phase, during pretrial motions, and to jury verdict.
Continuous Sex AbuseContinuous sex abuse (Tex. Pen. Code §21.02) requires two or more acts of sexual abuse against a child under the age of 14 over a period of at least 30 days. Offenses allegedly committed within a 30 day period do not count. However, "sex abuse" includes some offenses that go beyond the common meaning of "sex abuse." So, it includes indecency with a child by contact, sexual assault, and sexual performance by a child, but it also includes aggravated kidnapping or burglary if evidence suggest they had a sexual motive. The instances can involve different children or just one child. Worse, the State doesn't have to prove any particular time or place, and the jury must only agree that two or more instances occurred but can disagree about which instances. An experienced sex crimes lawyer knows how to defend against the moving target the State will create. Joe Hoelscher and Robert Gebbia have experience battling the State's vague accusations and demanding specific evidence.
Super Aggravated Sex Assault: A 3G Offense
Super aggravated sexual assault of a child requires, essentially, sexual contact with a child under the age of 6 or a child under the age of 14 if force was involved or the assault caused a serious bodily injury. No physical evidence is required. The word of a young child is enough for the State to charge someone with this offense and, sometimes, to convict.
This offense is also listed as a "3G" crime in Texas law. The term refers to the Texas Code of Criminal Procedure 42.12 (3) (g), which places aggravated sexual assault in a category with other very serious offenses, including capital murder and aggravated kidnapping. In other words, the stakes in these cases could not be higher.
The attorneys at Hoelscher Gebbia Cepeda, PLLC, have defended numerous Texans from super aggravated sex assault and other sex crime charges, including high profile cases involving public servants, veterans and teachers.