The concepts of assault and self-defense often intersect, and they have several elements in common. However, these are not one and the same and it is important for people to understand how.

What is assault in Texas?

Under Texas law, an assault happens when a person intentionally, knowingly or recklessly causes bodily injury to another and threatens another with imminent bodily injury. Assaults can range from a Class C misdemeanor for minor offenses to a felony for more serious injuries or if the victim is a public servant or family member.

There must be three elements present for the individual to be charged:

1. Intent
2. Action
3. Victim

What is self-defense in Texas?

Under Texas law, self-defense is defined as allowing individuals to use reasonable force to protect themselves against an unlawful use of force.

Three elements must exist in self-defense:

1. Imminent threat
2. Proportionality
3. Reasonableness

As you can see by now, assault and self-defense are different, even though they are often used interchangeably. However, it is extraordinarily important to understand and remember that self-defense can be a valid defense against assault charges, and it does not eliminate or skip the court process.

Posted in Criminal Defense | No Comments »

A child’s death is always a tragedy, whether due to illness, a congenital condition or an accident. The law generally does not get involved in the first two types of cases, but certain types of accidents can lead to criminal charges against the child’s parents.

Increasingly, fatal drug overdoses among young children are leading to murder charges against American parents. Twenty states, including Texas, have introduced a charge called “drug-induced homicide” that can expose someone to manslaughter or murder charges if they supplied or exposed drugs to an overdose victim. Originally used against drug dealers primarily, prosecutors are increasingly using the drug-induced homicide law to hold parents responsible when one of their children accidentally overdoses on fentanyl or other potent drugs.

Fentanyl-related child deaths are becoming especially common grounds for homicide charges, both because of the fentanyl addiction epidemic plaguing the U.S., and because it is so powerful that an amount of fentanyl powder weighing as little as a mosquito can kill a child.

Is an accidental exposure murder?

Murder is a specific intent crime. To convict someone of murder, prosecutors generally must prove beyond a reasonable doubt that the defendant intended to kill the deceased. But when a child accidentally swallows or gets exposed to drugs and dies as a result, their parent did not mean to cause that tragedy. It’s much more likely that their addiction caused them to make a terrible mistake like leaving whole or crushed-up pills out where their young child could reach them. This could be closer to manslaughter, which does not include intent as an element of the crime.

Help during the most difficult time of your life

Criminal charges that could put you in prison for life can only compound the grief you are feeling after the death of your child. Skilled criminal defense representation is essential against such high-level felony charges.

Posted in Criminal Defense | No Comments »

When you face a Texas drug charge, you may have valid concerns about possibly having to serve time in jail or prison if your charge ends with a conviction. However, in some cases, you may be able to avoid many o the penalties associated with a drug offense by enrolling in and completing a state drug court program.

Per the Texas Department of Criminal Justice, you may be a good candidate for drug court if you face a drug charge that stems from your substance dependency, or if an assessment determines you are a good candidate for the program.

What happens during drug court

In Texas, if you gain entry into a drug court program, you should expect to remain there for somewhere between about a year and 18 months. During that time, expect intensive monitoring by drug court administrators. This often includes appearing regularly in court, submitting to periodic drug tests and attending regular substance abuse treatment classes or sessions.

What happens after drug court

What happens after you complete drug court varies based on whether you were there as part of a pretrial or probation program. If you were there before you ever had a trial, then the agency that has the case against you typically drops the case when you finish drug court. If you are there as part of the terms of your probation, your completing drug court is necessary in order to get off probation.

While not suitable for everyone, many people who participate in drug courts become less likely to use substances or reenter the criminal justice system after completing these programs.

Posted in Drug Charges | No Comments »

Assault is a serious charge, and depending on the type of assault and the circumstances around the act, the charges could escalate to a felony. Texas law categorizes assaults based on the severity of the act, the harm caused and the individuals involved.

If the police have charged you with assault, you need to understand the difference between misdemeanor and felony charges.

Assault with bodily injury

An assault escalates to a felony in Texas when you cause bodily injury to another person. This includes situations where you intentionally, knowingly or recklessly cause bodily injury to someone else. The law classifies it as a third-degree felony if you commit this crime against a public servant, a security officer or a family member and have a previous conviction of family violence.

Aggravated assault

Aggravated assault, a second-degree felony in Texas, escalates to a first-degree felony under certain circumstances. This kind of assault happens when you cause serious bodily injury to another person or use or exhibit a deadly weapon during the assault. If you commit aggravated assault against a family member, someone you are in a relationship with or a public servant, the law classifies it as a first-degree felony.

Assault with a deadly weapon

Committing assault with a deadly weapon is a serious crime in Texas, categorized as a second-degree felony. The law defines a deadly weapon as any object that can potentially cause death or serious bodily injury. If you commit the assault against a family member, a public servant or in retaliation against a witness or informant, it escalates to a first-degree felony.

Knowing when an assault escalates to a felony in Texas helps in understanding the potential consequences of such charges, so you can build a proper defense against them.

Posted in Criminal Defense | No Comments »

The Texas Penal Code describes burglary as entering a home or building to engage in theft or another action that classifies as a felony offense. As noted on Texas.gov, the action of “entering” a structure also includes an intrusion of a body part or a physical object connected to a person’s body.

Some ATMs and coin-operated machines sit outside of buildings. They do not require anyone to enter a physical structure to access them. Burglary, however, occurs by breaking a machine or entering it by pushing objects inside of it to retrieve its contents. Taking money or lottery tickets from vending machines, for example, could lead to felony charges.

Prosecutors may use camera, GPS or DNA evidence to file burglary charges

When pursuing burglary charges, prosecutors may review footage from a building’s or an ATM’s security cameras. Investigators may also search for DNA evidence left at the location or review information from an ATM’s GPS unit.

The Texas Bankers Association reports that some individuals use pickup trucks or forklifts to remove outdoor ATMs. According to the TBA, it could take between 30 and 90 seconds to drive up to a bank’s ATM and detach it from its foundation. After driving away with the machine, individuals may then break into it.

An organized gang operation allegedly burglarized 50 or more ATMs

According to the WFAA-TV website, law enforcement officials arrested eight individuals allegedly organized and connected to at least 50 ATM burglaries. As the report notes, the arrests may result in charges involving ATM thefts throughout the Dallas-Fort Worth region.

Law enforcement may not always act on sufficient evidence to convict on burglary charges after making an arrest. Additional evidence presented in favor of a defendant may counter the prosecution’s claims.

Posted in Criminal Defense | No Comments »

In 2022, the U.S. Fire Administration reported 150 home fire fatalities in Texas, some of which may have been set on fire purposefully. Arson, as a serious criminal act, carries significant penalties across the United States. Texas is no exception. The act involves the intentional destruction of property through fire or explosion, potentially endangering lives and causing considerable damage.

With each state having its own set of rules and penalties concerning arson, it is important to understand the specifics of Texas law.

Arson classifications and penalties

In Texas, the law broadly categorizes arson into two types: arson resulting in property damage and arson leading to bodily injury or death. The severity of the offense determines the degree of felony, ranging from a state jail felony to a first-degree felony.

If someone commits arson resulting in property damage, the state classifies it as a second-degree felony. The individual can face a prison sentence ranging from two to 20 years, along with a fine that can go up to $10,000.

When the arson leads to bodily injury or death, it becomes a first-degree felony. Texas law mandates a sentence of five to 99 years or life in prison for a first-degree felony.

Aggravating circumstances

Certain circumstances can lead to a more severe sentence. If a person commits arson at a habitation or a place of worship, the crime becomes a first-degree felony, regardless of whether it results in bodily injury or death.

Mitigating factors

Just as there are circumstances that can aggravate the offense, there are mitigating factors as well. These are elements that can lessen the penalties of an arson conviction. An example is when a person starts a fire on their property with no intention to harm or defraud anyone. In this case, the law might impose a lesser penalty.

Texas takes arson seriously, with stiff penalties attached to the crime. It is an offense that can lead to hefty fines and substantial prison sentences, which is why it is essential to understand the consequences of such acts.

Posted in Criminal Defense | No Comments »

Driving while intoxicated is a serious offense in the state of Texas, with severe consequences that can have a lasting impact on various aspects of an individual’s life.

Depending on the situation, the specific effects or potential consequences of a DWI charge can vary.

Legal consequences

A DWI conviction in Texas can result in fines, ranging from hundreds to thousands of dollars, depending on the circumstances. Additionally, individuals may face mandatory attendance at alcohol education programs, community service, probation or even imprisonment. The severity of these penalties typically increases for repeat offenses or cases involving aggravating factors, such as high blood alcohol concentration or accidents causing injuries or fatalities. Furthermore, a DWI conviction can lead to the suspension or revocation of your driver’s license, making it challenging to commute and carry out daily activities.

Personal and financial implications

Aside from the legal ramifications, a DWI conviction can have far-reaching personal and financial implications. Having a criminal record may affect future employment opportunities, as employers often conduct background checks. Many employers are hesitant to hire individuals with a history of alcohol-related offenses, particularly if the position involves driving or handling sensitive information. Moreover, the financial burden of fines and increased insurance premiums can be overwhelming, potentially impacting your overall quality of life.

Social consequences

A DWI conviction can also impact personal relationships. Friends, family and acquaintances may view the offense negatively, leading to strained relationships. It is essential to recognize that the effects of a DWI conviction extend beyond legal and financial domains, often permeating into one’s social and emotional well-being.

If facing charges, it is essential to understand your rights and explore available resources to mitigate the impact. How you respond plays an important role in the aftermath of a DWI charge.

Posted in DWI | No Comments »

If you are a driver under the age of 21, it is pivotal to realize that this state has zero tolerance for underage drunk driving. In other words, if a law enforcement official detects any alcohol in your system after pulling you over, you could face serious charges. It is also crucial to go over this issue if you have a child under 21 who drives.

In addition to arrest, financial penalties, community service and other penalties that could turn your life upside down, you could face license suspension.

Losing your license due to underage DWI

The Texas Department of Public Safety reports that in this state, drivers under 21 who provide specimens that confirm the presence of alcohol could face license suspension for 60 days for a first offense. For a second offense, an underage DWI could lead to 120 days of license suspension, and a third offense could result in the loss of driving privileges for 180 days.

If you refuse to provide a specimen as a driver under 21, you could face license suspension for 180 days for a first offense and two years for a second offense.

The impact of license suspension due to DWI charges

Losing your license could affect many facets of your life. The inability to drive could make it difficult to get to school or work, and you might have to miss out on important events and activities.

In addition, this could come back to haunt you in the future if you try to find work in a particular field. This highlights the importance of handling an underage DWI case carefully and doing everything in your power to protect your future.

Posted in DWI | No Comments »

Having an assault charge in Texas can be a distressing situation, requiring a clear understanding of the necessary steps to take.

What do you do if you find yourself facing assault charges in Texas?

Understand the charges and seek guidance

When charged with assault in Texas, it is crucial to understand the nature of the charges brought against you. Familiarize yourself with the specific Texas laws and statutes pertaining to assault to gain insights into the potential consequences and defenses available. Seeking guidance can provide helpful information to educate yourself about the legal aspects of your case.

Cooperate with the legal process and gather evidence

Cooperating with law enforcement and following the legal process is essential when looking at assault charges. Adhere to court appearances, promptly provide requested documentation and comply with any court orders. It is also important to work diligently to gather evidence that supports your defense. Collect any available witness statements, video footage or other relevant evidence that may help establish a favorable defense strategy.

Explore alternative resolutions and present mitigating factors

In certain situations, it may be possible to look for other options to resolve the case or present mitigating factors that could potentially influence the outcome of your case. Depending on the circumstances, mediation or negotiation processes could lead to reduced charges or alternative sentencing options. If appropriate, engaging in open and honest discussions with the prosecution about possible resolutions can be advantageous.

By taking informed steps and respecting the legal process, you can work toward a fair resolution and protect your rights throughout your assault case.

Posted in Criminal Defense | No Comments »

Understanding the difference between assault and self-defense is crucial in Texas, where the law provides specific guidelines for what constitutes each.

Recognizing these differences can help individuals avoid legal trouble and ensure they exercise their rights to protect themselves and others.

Defining assault in Texas

In Texas, assault occurs when a person intentionally, knowingly or recklessly causes bodily injury to another person. This can include causing physical contact with someone when the person knows, or should reasonably believe, that the other will regard the contact as offensive or provocative.

Threatening another with imminent bodily injury also constitutes assault. It is important to understand that even if no physical harm occurs, merely the act of threatening someone with harm can result in an assault charge.

Understanding self-defense in Texas

Self-defense is a legal justification for using force against another person when an individual reasonably believes that force is necessary to protect themselves from the other person’s use of unlawful force. Texas law allows the use of force, including deadly force, in specific circumstances.

For self-defense to be a valid claim, the person asserting it must prove that they had a reasonable belief that force was necessary to protect themselves from the attacker’s use of unlawful force. The force used in self-defense must also be proportional to the threat faced.

Key distinctions between assault and self-defense

The primary difference between assault and self-defense lies in the intent and the circumstances. While assault involves intentionally or recklessly causing harm or threatening to cause harm to another person, self-defense involves using force to protect oneself from an attacker’s unlawful force.

Posted in Criminal Defense | No Comments »