You may have just learned that someone filed a police report. Or police questioned you but didn’t file a charge. Or maybe you’re already facing criminal prosecution and trying to understand what someone is accusing you of doing. Either way, the consequences can be life-altering. And in Texas, those consequences hinge on how the charge is classified: felony or misdemeanor.
Here’s the first thing you need to know. The statute of limitations for sexual assault in Texas is complicated. In some cases, there isn’t one. And if someone files a charge against you, the distinction between misdemeanor and felony sex offenses matters more than almost anything else. It affects the sentence, sex offender registration, probation, and sometimes your entire future.
At The Carmichael Law Firm PC, we defend individuals accused of both misdemeanor and felony sex crimes. We offer free consultations and immediate guidance to help you understand the legal landscape before the state defines your story for you.
Is Sexual Assault a Felony or Misdemeanor?
If you’re wondering, is sexual assault a felony or misdemeanor? The answer is clear under Texas law: sexual assault is always a felony. Specifically, it’s most often a second-degree felony. That means it carries a prison sentence of two to 20 years, plus a fine of up to $10,000.
However, the penalties can increase dramatically depending on aggravating circumstances. If the alleged victim is a child, elderly, or disabled person, or if violence or threats were used, the charge may escalate to aggravated sexual assault, a first-degree felony punishable by five to 99 years or life in prison.
In Texas, felonies are permanent. A conviction cannot be sealed, expunged, or undone. That’s why it’s vital to understand the exact nature of the charges you face and to challenge every detail the prosecution relies on.
Misdemeanor Sexual Assault: What It Means
Texas law does not technically recognize the term “misdemeanor sexual assault,” but there are sex-related offenses that fall under the misdemeanor category. These include:
- Indecent exposure,
- Public lewdness,
- Sexual harassment in the workplace (civil, not criminal, but often overlaps with investigations), and
- Failure to register as a sex offender under certain circumstances.
These charges may not carry prison time, but they can still result in jail sentences, fines, mandatory counseling, and registration as a sex offender. If you’re facing a Class A or B misdemeanor involving sexual conduct, the consequences are still severe, especially for your reputation and future employment prospects. So while the phrase “misdemeanor sexual assault” is technically imprecise, it reflects a fundamental legal question: how serious is the charge, and what does it mean for your future?
Is A Sex Offense a Felony in Texas?
If you’re asking, is a sex offense a felony? The answer in Texas almost always leans toward felony classification. Crimes such as sexual assault, aggravated sexual assault, child molestation, indecency with a child, and possession of child pornography are all felony offenses.
Even some internet-related sex crimes fall under the felony category, including online solicitation of a minor and certain forms of sexting. Under Texas law, for example, indecency with a child by contact is a second-degree felony, while indecency by exposure is a third-degree felony.
Each of these offenses carries mandatory sex offender registration, which can severely limit your housing, job prospects, travel, and privacy for life. Even deferred adjudication, a form of probation that does not result in a conviction, still requires registration in many cases.
Statute of Limitations Sexual Assault Texas: What Are the Limits?
The statute of limitations for sexual assault in Texas depends on the nature of the charge. In general, they are:
- No limitation—sexual assault of a child, aggravated sexual assault, or offenses where DNA evidence identifies the suspect;
- Ten years—adult sexual assault without aggravating factors; and
- Five years—some misdemeanor sex offenses like indecent exposure or public lewdness.
If you think time has passed and you’re in the clear, think again. Prosecutors can and do reopen cases years after the fact. They may revisit allegations based on new testimony or evidence, and the clock can stop running under certain circumstances, for example, if the alleged victim is a minor. That’s why early legal advice matters. The sooner you understand the window of time prosecutors have, the better you can protect yourself from blindside accusations.
What are the Consequences of a Conviction?
Whether it’s a felony or misdemeanor, a sex crime conviction in Texas changes your life. Here’s what you could face:
- Felony—state prison (from two years to life), mandatory sex offender registration, and lifetime impact on employment, housing, custody, and civil rights; and
- Misdemeanor—county jail (up to one year), fines up to $4,000, probation, community service, and possible sex offender registration.
The reputational and personal consequences are immense for both. Even an accusation without a conviction can ruin careers and relationships. A conviction deepens those impacts.
How The Carmichael Law Firm PC Can Help
Sex crime cases often hinge on small details—timeline inconsistencies, mistaken identities, retracted accusations, or digital evidence that contradicts the prosecution’s version of events. We don’t just react to allegations at The Carmichael Law Firm PC. We investigate them. We scrutinize every detail the state presents and ask the questions others don’t.
With years of trial experience and a commitment to client-focused defense, we walk beside you through the entire process. Our caseloads remain small for a reason: we devote real time to each case, each client, and each defense. From pre-arrest investigations to trial, we’re prepared to protect your rights, your freedom, and your name.
Don’t Let a Charge Define You
When someone accuses you of a sex crime, the system begins to move quickly and often without your input. The sooner you speak with an attorney, the sooner you can regain some control. At The Carmichael Law Firm PC, we offer free, confidential consultations to help you understand your charges and begin building a defense strategy. We believe in transparency, precision, and relentless advocacy.
If you’re trying to understand whether sexual assault is a felony or misdemeanor, or worried about the statute of limitations for sexual assault in Texas, don’t wait to get answers. Contact us today to schedule a complimentary consultation. Your freedom and future are too important to leave to chance.
