Collin County Public Lewdness Defense Attorney
Were you arrested and charged with public lewdness in Collin County? Public lewdness charges can be a serious matter, and if you or a loved one has been accused of this offense in Collin County, you need to take immediate action. Our experienced criminal defense lawyers have handled cases like this and are here to provide the high-quality legal representation you need to protect your rights, freedom, and reputation.
You could be charged with public lewdness for sexual conduct in a public place or where others are present. These charges often involve indecent exposure, public urination, and sexual activity where others are present.
Public lewdness charges can carry severe penalties. These include fines, imprisonment, and even sex offender registration. However, with the help of our experienced criminal defense attorneys, you could fight back against the charges. The first step you should take is to call us today at (972) 369-0577 for a confidential case evaluation so we can discuss your situation in detail.
What is Public Lewdness?
The Texas Penal Code defines public lewdness as an individual knowingly engaging in the following activities in a public place or where others could be present and would find offensive. The activities include:
- Sexual intercourse
- Deviate sexual intercourse
- Sexual contact
- Lewd act
- Exhibition of the person’s anus or any part of the person’s genitals with intent to arouse or gratify the sexual desire of any person
- Public urination
- Exposure of the person’s anus or any part of the person’s genitals
It is crucial to note that someone else doesn’t have to necessarily view the act for it to be considered public lewdness, simply that others could view it and find it offensive, as mentioned above. Texas law also doesn’t require that the act be committed for sexual gratification. It could still be a crime if committed for sexual arousal (of others) or to offend or gratify someone else’s sexual desires.
What Level of Charge is Public Lewdness?
There are three categories for misdemeanor offenses: Class A, Class B, and Class C. Public Lewdness is a Class A misdemeanor. A class A misdemeanor is the most serious misdemeanor offense in Texas. Class A misdemeanors carry a penalty of a fine of no more than $4,000 and up to a 1-year sentence in a county jail.
Penalties for Public Lewdness Conviction in Collin County
In addition to the hefty fines and potential jail time, being convicted of public lewdness could have a lasting impact on your life, including:
- Registration on the sex offender list -A person convicted of a sex crime will be added to the state sex offender registration program. This program includes a public list of all sex offenders, including the specific charge for their crime. This list is easily accessible, and therefore anyone who knows your name will be able to see that you are a sex offender. For an adult sex offender, sex offender registration continues for at least ten years. In other circumstances, such as sex convictions involving children, an offender will be on the registry for life.
- Criminal Record – A conviction of a sex crime will stay on your record forever. Therefore, anytime you undergo a background check or any other criminal history legal process, your conviction information will be accessible. The only exception to this is if your criminal record is either expunged or sealed (legally kept private).
- Limitations of where you can live and work – If you are convicted of a sex crime, you are limited to where you can live, purchase property, and what field of work you can have a career in. A convicted offender will not be able to live within 500 feet (about one block) of childcare facilities, schools, or the victim’s home in the offender’s case. Additionally, an offender cannot work in any field typically involving people under 17, such as teaching or coaching.
What Are Some Defenses Against a Public Lewdness Charge?
If you have been charged with public lewdness, several types of evidence could be introduced to help your defense. Some examples include:
- Lack of intent – This can be a strong defense if you show that you did not intend to engage in public lewdness. For example, if you were urinating in a secluded area and did not realize that someone else was nearby, this could help to show that you did not intend to offend anyone or engage in public lewdness
- False accusations – Sometimes, public lewdness charges can stem from false accusations. If you can show that you were falsely accused, this can be a strong defense
- Insufficient evidence – If the evidence against you is weak or circumstantial, your lawyer could use this to your advantage. For example, if the prosecution has no physical evidence or no reliable witness, it could weaken their case against you
- Lack of knowledge – If you did not know you were in a public place or if other people were present, this could be used as a defense. For example, if you were in a secluded area of a park and didn’t realize that other people were nearby, your lawyer might argue that you did not know you were in a place where others were present
- Consent – If the act was consensual and conducted between adults, the act might not qualify as public lewdness
- Mistaken identity – If there are doubts about who committed the act, it might be difficult or impossible to find you guilty of the crime
Contact a Collin County Defense Attorney at Rosenthal Kalabus & Therrian
Your future depends on the choices you make today. Contact an experienced and aggressive Collin County defense lawyer from Rosenthal Kalabus & Therrian to help protect your rights and freedom if you were arrested and charged with public lewdness. We’ll be ready to stand up and fight for you.