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Indecent Exposure Defense Lawyer
An arrest for indecent exposure is not a final criminal conviction. Depending on the circumstances of the arrest, you may be immediately brought to county jail wherein you will await presentation before a magistrate. In all circumstances, you always have the right to an attorney during this time to discuss your options and the best defense.
Misdemeanor vs. Felony
Most indecent exposure arrests are misdemeanor offenses. However, if you have multiple convictions on your record, then a simple misdemeanor offense could be immediately heightened to a felony offense.
Felony offenses have high penalties and fines compared to misdemeanor offenses. The below table indicates the differences between misdemeanor and felony offenses in Texas:
|Class C Misdemeanor||None||$500 Maximum|
|Class B Misdemeanor||Up to 180 days in county jail||$2,000 Maximum|
|Class A Misdemeanor||Up to 1 year in county jail||$4,000 Maximum|
|State-Jail Felony||180 days to 2 years in state jail||$10,000 Maximum|
|3rd Degree Felony||2-10 years in prison||$10,000 Maximum|
|2nd Degree Felony||2-20 years in prison||$10,000 Maximum|
|1st Degree Felony||Life or 5-99 years in prison||$10,000 Maximum|
|Capital Felony||Life in prison or death||None|
Indecent exposure is a Class B misdemeanor, punishable by up to 180 days in county jail along with a fine of up to $2,000. The Texas Penal Code defines indecent exposure as the exposure of “any part of [his] genitals with intent to arouse or gratify the sexual desire of any person, and [he] is reckless about whether another is present who will be offended or alarmed by [his] act.” Several Texas Criminal Appellate Court cases have developed a test to determine whether a person’s actions rise to the level of recklessness. As a result, this has become one of the leading factors in determining whether a person’s actions met the full legal definition of “indecent exposure” in Texas.
A Class B misdemeanor may be expunged from your record, although if you have any felony offenses on your record, you may face a heightened sentence. It is therefore important to discuss your case with an experienced criminal defense attorney as soon as you are arrested so you can begin determining the best defense.
Law Office of David A. Breston | Houston, Texas Criminal Defense Attorney
If you have been charged with indecent exposure, do not hesitate to contact the law office of David A. Breston. David A. Breston has years of experience in defending his clients from claims brought against them. A criminal complaint is not a conviction, but even a small misdemeanor offense could have lasting repercussions on your future. Contact the law office of David A. Breston today for your initial free consultation.