LAWYERS FOR Violation of a Sexually Violent Predator Order
If you were charged with the crime of Violation of Civil Commitment Order of Sexually Violent Predator under Health and Safety Code Section 841.085, then contact a criminal defense attorney in San Antonio, TX, at Flanary Law Firm, PLLC. Don Flanary represents clients charged with a variety of sexually motivated crimes throughout Bexar County, and the surrounding counties.
The crime of Violation of Civil Commitment Order of Sexually Violent Predator under Health and Safety Code Section 841.085 is charged as a Third-Degree Felony.
For more information about violating a sexually violent predator order, then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC. Call (210) 899-7566 today.
Elements of an Order for a Sexually Violent Predator
The elements of the offense must be proven beyond all reasonable doubt. Those elements of the crime of violating a civil commitment order of sexually violent predator include:
- The defendant violates any requirement of the order of commitment; and
- The defendant was previously adjudicated and civilly committed as a sexually violent predator.
Definitions of a Repeat Sexually Violent Offender
Under Texas law, the term “repeat sexually violent offender” means a person who has been convicted of more than one sexually violent offense and a sentence is imposed for at least one of the offenses:
- The person is convicted of a sexually violent offense, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the person was subsequently discharged from community supervision;
- The person enters a plea of guilty or nolo contendere for a sexually violent offense in return for a grant of deferred adjudication;
- The person is adjudged not guilty by reason of insanity of a sexually violent offense;
- The person is adjudicated by a juvenile court as having engaged in delinquent conduct constituting a sexually violent offense and is committed to the Texas Youth Commission; and
- After the date on which the person is convicted either:
- Receives a grant of deferred adjudication;
- Is adjudged not guilty by reason of insanity;
- Is adjudicated by a juvenile court as having engaged in delinquent conduct;
- The person commits a sexually violent offense for which the person is convicted, but only if the sentence for the offense is imposed;
- Is adjudged not guilty by reason of insanity.
Why Choose Flanary Law Firm, PLLC?
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Constant CommunicationAt our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
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A History of ResultsWith multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
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Experience You Can Count OnAt our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
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Advice on Your TimelineWe understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
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Free Initial ConsultationsWe understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
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Personalized Legal Defense StrategiesAll criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.
Definitions Under the Violation of Civil Commitment Order Statute
Under Texas law, the term “sexually violent predator” means a person who is a repeat sexually violent offender and who suffers from a behavioral abnormality that makes the person likely to engage in a predatory act of sexual violence.
The term “behavioral abnormality” means a congenital or acquired condition that, by affecting a person\\\’s emotional or volitional capacity, predisposes the person to commit a sexually violent offense, to the extent that the person becomes a menace to the health and safety of another person.
The term “predatory act” means an act directed towards individuals, including family members, for the primary purpose of victimization.
