Dallas Continuous Sexual Abuse Attorney

Are You Looking for the Best Dallas Continuous Sexual Abuse Attorney?

If you’re looking for the best Dallas Continuous Sexual Abuse attorney, then Paul Saputo and Nick Toufexis want to represent you. Award-winning lawyers Paul Saputo and Nick Toufeis relentlessly defend our clients in Dallas Continuous Sexual Abuse cases, ensuring that the firm explores every possible available defense strategy.

Being convicted of a sex offense like Continuous Sexual Abuse can change your life in many negative ways. Don’t talk with the police or sign a plea agreement without first consulting with the Dallas sex offense attorneys at Saputo Toufeixs | Criminal Defense. The Saputo Toufexis | Criminal Defense team seeks to represent discerning clients who value our commitment to achieving outstanding results. Our attorneys have dedicated their careers to criminal defense and maintain an unwavering dedication to delivering expert representation.

We’re not just Dallas Continuous Sexual Abuse lawyers. We are warriors fighting unjust and corrupt government prosecutions with a history of success and a reputation for tenacity, courage and legal ingenuity.

In addition to our notable high-profile victories, our history of success also includes inconspicuous representation of numerous high-profile clients. Indeed, many of our biggest wins involved disposing of these cases quietly and out of the sight of the public. When you hire us as your Dallas Continuous Sexual Abuse attorney, we fight to win. From the courtrooms of Dallas to the battleground of social media, we fight to clear your name and your record.

Our experienced team works tirelessly to build a strong defense and protect our clients in the face of serious child abuse charges like Continuous Sexual Abuse. We can provide you with an effective defense strategy for your Dallas Continuous Sexual Abuse case. When you’re facing an Continuous Sexual Abuse case, both your freedom and your reputation are at risk. Accordingly, the lawyers at Saputo Toufexis | Criminal Defense aim to not only win your case, but also keep your name out of the public eye.

---

Contact a Dallas
Continuous Sexual Abuse Lawyer

When you are ready to fight your case with us, schedule online or call us at 888-239-9305 to book a free, confidential consultation.

---

Choosing The Right Dallas Continuous Sexual Abuse Lawyer Can Make A Huge Difference In Your Case Result

Why would you hire a former prosecutor? Surprisingly, some people believe that former prosecutors provide some special advantage. However, many of these attorneys seem to quickly push clients to a plea deal. If you really want someone who will fight for you or your loved one, get an attorney who has dedicated their life to protecting the accused.

At Saputo Toufexis | Criminal Defense, we are defense lawyers, first and foremost. We stake our reputation on bringing the fight to the state. We have never worked for the government and never will. Learn more about our team, awards, and some of our victories.

How do I get a Continuous Sexual Abuse charge dropped in Dallas, Texas?

In order to get a Continuous Sexual Abuse charge dropped in Dallas, you must convince the state that they cannot prove at least one of the elements of the offense as it is defined in Penal Code §21.02.^[1] Our lawyers are experts in the Texas law regarding Continuous Sexual Abuse, and we leverage our legal knowledge to mount successful defenses to government prosecutions.

Thoroughly understanding both the Continuous Sexual Abuse statute and related case law contributes to effectively defending you in court. As part of our practice, we publish and regularly update a statutory resource guide covering all Texas Penal Code crimes. We analyze the Continuous Sexual Abuse statute in detail on the Continuous Sexual Abuse offense page. We also maintain our expertise by keeping up with the latest case law affecting Continuous Sexual Abuse cases in Dallas.

One such case is Baldiviez v. State.

Baldiviez v. State

In Baldiviez v. State, the Texas Fifth District Court of Appeals in Dallas, on January 27, 2022, upheld the conviction of Benjamin Grig Baldiviez for Continuous Sexual Abuse of a Young Child or Children, under Texas Penal Code Ann. § 21.02, rendered by the Criminal District Court No. 6 in Dallas County. Baldiviez was sentenced to ninety-nine years confinement after being found guilty of engaging in multiple acts of sexual abuse against two children under the age of 14, over a period exceeding 30 days. Baldiviez contended on appeal that the district court erred by not defining “sexual assault” in the jury instructions, arguing this omission could lead to a broader interpretation of the term by the jury.

The appellate court disagreed with Baldiviez’s assertion, explaining that the jury was correctly instructed on the elements of continuous sexual abuse, which includes committing two or more acts of sexual abuse. The court noted that the charge specifically defined the offenses in the context of continuous sexual abuse, focusing on the direct acts committed by Baldiviez, which involved inappropriate contact with the children’s genitals with the intent to arouse or gratify sexual desire. The appellate court found no error in the omission of a broader definition of “sexual assault,” stating that the jury’s instructions were sufficiently specific to the charges Baldiviez faced.

This ruling emphasizes the appellate court’s stance on the specificity required in jury instructions concerning sexual offenses against children, affirming the sufficiency of detailing the precise actions constituting the abuse. By upholding the conviction, the court reiterated the importance of direct and clear jury instructions in cases involving complex definitions of sexual offenses, ensuring that the legal parameters are well understood in the context of the accused actions.

The State of Texas v. Timothy Sim Smitherman

In another Dallas Continuous Sexual Abuse case, the Fifth District Court of Appeals reviewed the records from a 283rd Judicial District Court verdict. Subsequently, the appellate court filed an opinion on May 31, 2023, in the case styled The State of Texas v. Timothy Sim Smitherman in Cause No. 05-22-00528-CR.

The appellate court reported the background of the case as follows:

A.V. testified to several other incidents where appellant touched her vagina, as well as an incident when appellant pulled his penis out of his boxers and made A.V. touch it. She also testified that when she was 11 or 12 years old, appellant began touching A.V.’s breasts and making comments about her breasts getting larger.

Appellant focuses on A.V. and Mother’s testimonies concerning the circumstances of A.V.’s outcry and A.V.’s decision to not reveal the alleged abuse to Mother earlier “[d]espite knowing that she could always tell her mother about anything bad that had happened to her.” He urges that no rational trier of fact could find A.V.’s testimony credible, especially in light of his unequivocal denial of any wrongdoing. A.V.’s testimony alone, however, is sufficient to sustain the verdict.

Every Dallas Continuous Sexual Abuse attorney should be familiar with this case and other appellate opinions coming out of Dallas that review Continuous Sexual Abuse cases. You can learn more about this case and read the court’s opinion by Justice Breedlove here.

What does a Continuous Sexual Abuse charge really mean?

The general definition of the Texas charge of Continuous Sexual Abuse, according to the Texas Penal Code, is as follows:

(b) A person commits an offense if:

(1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and

(2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is:

(A) a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense; or

(B) a disabled individual.

Law Enforcement Agencies in Dallas that Make Continuous Sexual Abuse Arrests

Peace officers with the Texas Department of Public Safety, constable offices, and municipal police departments can make arrests for violations of Continuous Sexual Abuse in Dallas. Law enforcement agencies in Dallas that most typically make Continuous Sexual Abuse arrests include:

• The Dallas County Sheriff’s Department handles Continuous Sexual Abuse cases throughout Dallas County.
• Dallas Police Department serves as the primary municipal police department within Dallas County and plays a significant role in Continuous Sexual Abuse enforcement.
• Irving Police Department also contributes to investigating Continuous Sexual Abuse cases within its jurisdiction in Dallas County.
• Mesquite Police Department serves the community of Mesquite within Dallas County and may handle Continuous Sexual Abuse cases within its jurisdiction.
• Grand Prairie Police Department is responsible for law enforcement within Grand Prairie and contributes to investigating Continuous Sexual Abuse cases within its jurisdiction.

How do I win a Continuous Sexual Abuse case in Dallas?

To beat a Continuous Sexual Abuse charge in Dallas, Texas, you must employ every procedural tool to obtain information and conduct a thorough and independent investigation of the case. Contest all evidence, including witness statements and forensic evidence. Remember, victory hinges on your determination to fight relentlessly.

Even if you believe you cannot beat the case, as your Dallas Continuous Sexual Abuse attorney, we will look for every avenue to help you. If you want to plead guilty, we must still fight to protect your rights. We want to ensure that the case does not ruin your life. Sometimes the defense strategy requires us to get the best possible result short of a not guilty verdict.

Dallas Continuous Sexual Abuse Attorney Case Defense Strategy

The best defense strategy in Continuous Sexual Abuse cases demands a mix of cutting-edge science, traditional investigative resources and the mastery of digital and forensic technology. Some cases come down to science, but often cases come down to key witness testimony. Sometimes that witness is a sympathetic (but lying) victim. In any case, digital forensic evidence, science and the complex nature of human relationships all play an important role in crafting your defense. In pushing the defense envelope through the years, we have developed specialized methods for investigating these accusations.

Several defense strategies are available for Continuous Sexual Abuse charges, with the primary approach being to challenge the credibility of the allegations. This includes scrutinizing the initial outcry statement and any statements gathered by CPS or police investigators. Our team, composed of attorneys with specialized knowledge in these cases, will explore potential biases and motivations for deceit, such as coaching, recent disciplinary actions, transference, and complications with the other parent, including ongoing divorce proceedings. Our attorneys have extensive experience managing these cases in both pre-trial and trial settings.

Getting the best result in a Continuous Sexual Abuse case also requires being prepared for all hearings and court settings – not just trials. When you hire us as your Dallas Continuous Sexual Abuse attorney, we prepare early and thoroughly. As soon as we get on a case, the state knows that we are getting ready for trial and that we are going for an outright acquittal.

But the preparation often starts even before the case begins. From the moment that the police initiate an investigation or make an arrest, we have work to do. If you want to win your case, then we must do our own investigation. The state has police and investigators of their own working for them to gather evidence to support their case. We can’t afford to let their evidence stand uncontroverted. As a client, you will benefit from the investigative resources of the entire law firm. We have a team of dedicated professionals, including paralegals, investigators, and forensic experts. Our attorneys utilize our team’s extensive investigative experience to perform the ground work that makes our cases strong.

How much does a lawyer charge for a Continuous Sexual Abuse case in Dallas, Texas?

Attorney’s fees will vary. However, you can expect to pay from $15,000 to $60,000 on average for Continuous Sexual Abuse cases in Dallas. Some Dallas Continuous Sexual Abuse lawyers may charge much more depending on the complexity of the Dallas case. But be wary of lawyers who charge surprisingly low fees.

When consulting with a lawyer, remember to ask whether any any hourly fees apply. Additionally, most lawyers charge extra fees for trial, travel and expenses.

What to Do if Falsely Accused of Continuous Sexual Abuse in Dallas

Even if someone has falsely accused you of Continuous Sexual Abuse, you should nevertheless still always take this charge very seriously. You may think that the state may “drop charges” against you because you are innocent. But absent effective advocacy by a lawyer, the state will often take the case to trial and let the jury decide.

If the state has charged you with Continuous Sexual Abuse, or if you are under investigation for the offense, then you should book an appointment or call us as soon as possible to speak with one of our Dallas Continuous Sexual Abuse attorneys.

How can you modify your Dallas bond conditions after a Continuous Sexual Abuse arrest?

Texas judges have broad power to set bail and bond conditions. However, sometimes judges impose overly harsh bond conditions and astronomically high bail. To modify the conditions of bond or lower bail, you will need to file a motion in court and schedule a hearing. The judge will ultimately make the final decision. To get the best result, you should hire an attorney to help.

Practically speaking, if the police in Dallas have arrested you for Continuous Sexual Abuse, then the judge will typically impose a “no contact with the victim” bond condition. Frequently, judges will also impose a “no contact with minors” condition for these cases as well. Clients often hire us to try to get these conditions removed. If you want to remove a no contact condition, then please book a consultation with us, and we will discuss what we can do for you.

What happens at a Dallas arraignment?

At your arraignment, a Dallas judge will hear your plea of not guilty. In Dallas, you may not have an attorney at your initial arraignment. However, the court will not hear a guilty plea prior to your being represented by counsel. In addition, the court may also set bail and bond conditions if you have not already received them.

If the police have arrested you for Continuous Sexual Abuse, then Texas Code of Criminal Procedure §17.40 requires Dallas judges to “impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community” to secure your attendance at trial. If the state alleges that you violated those bond conditions, then the Dallas Sheriff’s Office can immediately return you to custody. Accordingly, judges have very broad power in determining bail conditions and bond amounts.

What is the most common sentence for a Continuous Sexual Abuse charge in Dallas, Texas?

The Texas Penal code classifies Continuous Sexual Abuse as a first degree felony for any Texas conviction. You can get 5-99 years in prison or a life sentence. However,Continuous Sexual Abuse carries a special minimum punishment of 25 years.

You would also have to decide if you want to have the judge or the jury assess punishment. Furthermore, all good Dallas Continuous Sexual Abuse attorneys will also advise you on the collateral consequences of a Continuous Sexual Abuse conviction.

With this in mind, you can learn about the penalties that apply to all Texas convictions and probation eligibility for Continuous Sexual Abuse here. Otherwise, to learn more about what kind of punishment is typical in Dallas Continuous Sexual Abuse cases, call us to schedule a consultation or book online.

Sex Offender Registration Requirements for Continuous Sexual Abuse Cases

Continuous Sexual Abuse convictions require sex offender registration unless special circumstances apply. Deferred adjudication plea deals (where a judge never finds you guilty and ultimately dismisses the case) have the same impact as convictions for the purposes of these registration requirements. If you have any questions about what a plea means for your permanent record, schedule a consultation with us to discuss your case.

Are you under investigation for Continuous Sexual Abuse? Should you cooperate with the police investigation?

We have assisted our clients through many difficult police interrogations. Although we do not typically recommend consenting to a police interrogation or interview, there are circumstances when we consider it. However, you should never do a police interview without your Dallas Continuous Sexual Abuse lawyer present.

When police bring you in for an interview, they already believe that you committed the offense. Accordingly, this belief will inform their interpretation of your answers. Generally, when people believe something, they will only see things that confirm their belief. This is called confirmation bias, and this is what leads to police charging innocent people with crimes.

An arrest for Continuous Sexual Abuse can drastically change your life, even if a court dismisses your case. Do not hesitate to contact us immediately if you are under investigation.

In addition, remember that people do not usually communicate perfectly clearly under intense pressure. The extreme stress of a police interview can cause you to say something that police then misinterpret. And even the way you look during the interview significantly impacts the police decision to arrest you. For all of these reasons, we carefully consider the decision to interview because it will have a huge impact on the ultimate outcome your case.

In some cases, we have communicated directly with law enforcement authorities on behalf of our clients instead of consenting to a direct interrogation. As your Dallas Continuous Sexual Abuse attorney, we can assist you in these difficult circumstances.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Dallas Continuous Sexual Abuse lawyers, then you should probably get to know us!

The Saputo Toufexis | Criminal Defense Lawyers

Paul Saputo and Nicholas Toufexis are partners at Saputo Toufexis | Criminal Defense PLLC and lead the entire trial team at the firm.

Mr. Saputo has practiced throughout Texas in more than fifty Texas state and federal courts and developed groundbreaking innovations in defense strategies and tactics. After graduating from the elite Duke University School of Law, a nationally recognized top-ten law school, Mr. Saputo started his career at Vinson & Elkins. More about Paul Saputo…

Mr. Toufexis is a veteran of the United States Navy and a graduate of SMU Dedman School of Law. He has dedicated his entire legal career to criminal defense, and has been with the firm since law school. Recently named a partner, Nick has achieved exceptional results in and out of court for years. More about Nick…

Awards

Numerous organizations have awarded Mr. Saputo recognition for his outstanding criminal defense work, for example:

• Martindale-Hubbell® AV Preeminent™ Rating
• Recognized by Super Lawyers®
• Consistently recognized by D Magazine in “Best Lawyers” for Criminal Defense
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: White Collar practice area.

Paul Saputo was voted one of the Three Best Rated Criminal Defense Lawyers in Dallas

More Awards & Recognition…

Nicholas Toufexis has likewise received many distinctions as well.

• Recognized by Super Lawyers®
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: DWI/DUI practice area.

Victories

The Dallas Continuous Sexual Abuse attorneys at Saputo Toufexis | Criminal Defense PLLC have obtained hundreds of victories in complex criminal litigation across Texas. Our victories include Not Guilty verdicts by jury acquittals, directed verdicts of Not Guilty, as well as both conditional and unconditional dismissals.

For descriptions and some details about example victories, visit our page on Notable Victories.

Reviews

One example review from a real client:

The most outstanding Law Firm in the DFW area Paul & Nick are top notch in handling legal matters! If you require legal assistance there is only one law firm in the DFW area to choose and it’s Saputo Toufexis | Criminal Defense PLLC! A huge Thank You to the entire staff!

– Real client review posted on the Saputo Toufexis | Criminal Defense PLLC Google Profile.

See more client reviews and testimonials here.

---

Legal References:

^1. Texas Penal Code §21.02.