Posted on September 23,2021 in Criminal Defense

The term “continuous family violence” brings to mind the idea of ongoing abuse within a family—for example, a husband who routinely hits his wife or child. However, in Texas, continuous family violence just means that there were two or more allegations of family violence within a 12-month period. Because continuous family violence is a third-degree felony, as opposed to misdemeanor family violence, this charge needs to be taken much more seriously. Having a felony on your record can have a major negative impact on your life, so it is important to have an attorney who will defend you aggressively.

What Situations Can Lead to a Continuous Family Violence Charge?

The name of this offense can be misleading. The requisite two incidents of alleged family violence can occur on the same day. The state does not need to prove that family violence was an ongoing problem in the home. Here are some common ways the felony of continuous family violence can be charged:

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 Posted on September 16,2021 in DWI

In Texas, a driver under 21 years of age does not need to be legally intoxicated to be charged with—and convicted of—a criminal offense. This may seem counterintuitive, but Texas takes underage drinking seriously out of recognition that a minor’s chances of getting into an accident go up significantly after just one drink. If you are under 21 and you have been charged with an alcohol-related driving offense, the penalties can be severe. A qualified lawyer can help you protect your rights and build a strong defense.

What is the “Legal Limit” for Persons Under 21 in Texas?

Texas applies what is often called the “not a drop” rule, or the “zero tolerance” rule to persons under 21 when it comes to DWI. This means that if you are not yet 21 years of age, you can face criminal charges if you are found to have any amount of alcohol in your system while operating a motor vehicle. Even if you only drank half a beer or a few sips of a cocktail and do not feel intoxicated, blood alcohol concentration (BAC) test results indicating anything above 0.00 may be sufficient to justify an arrest and conviction.

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 Posted on September 10,2021 in Criminal Defense

If you have been charged with a criminal offense, the outcome of your case is not a foregone conclusion. Even if you know you are going to plead guilty, or that a conviction is likely, there is still much that a skilled defense attorney can do to improve the outcome. Texas uses a determinate sentencing structure, meaning there are sentencing standards based on the crime. However, the actual sentence you receive can still vary quite a bit depending on the circumstances surrounding the crime and your personal history. Whether you are facing felony or misdemeanor charges, our attorneys are committed to seeking the best possible results for our clients.

What Factors Affect Sentencing?

No matter the offense for which you have been charged, there are a variety of factors a judge or jury can consider before your sentence is decided. Your attorney will be able to present any mitigating circumstances and make an argument for giving you a lighter sentence. In some misdemeanor cases, you may even be able to avoid jail time. However, the prosecutor will have the same opportunity to present evidence of circumstances that may work against you. The judge or jury determining your sentence can consider:

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 Posted on August 26,2021 in Criminal Defense

Beginning next month, Texas will be the first state in the country to make soliciting a prostitute a felony. The measure, packaged in House Bill 1540, was introduced by state Rep. Senfronia Thompson, a Democrat from Houston, to combat human trafficking and curb “modern-day slavery.” She’s championed the issue for more than a decade. 

The bill received bipartisan support and received unanimous support in committee votes in both the House and Senate. After the Republican governor signed it into law in June, the Texas attorney general Ken Paxton called it “a substantial step towards curbing the demand for commercial sex” and explained that the measure will protect “vulnerable men, women, and children in our communities.” He added, “I commend our legislature for passing laws that fight this inexcusable offense.”

House Bill 1540

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 Posted on August 19,2021 in Criminal Defense

Like in most states, Texas considers aggravated assault to be worse than just assault. However, where it gets confusing is that there are grades of assault, and depending on the details, an assault charge could be either a misdemeanor or a felony. With such a wide range of charges, when does assault become aggravated assault in Texas?

What is Assault?

According to the Texas Penal Code, an assault could be one of three things: when you threaten to cause bodily harm to another person, when you actually harm them, or when you cause offensive or provocative physical contact with them. 

There are other specific circumstances as well like an attack involving an elderly or disabled person, or a referee at a sporting event. Under any of these conditions, the charge would be a Class A misdemeanor, which carries up to a year in jail and a $4,000 fine.

However, assault becomes a felony if the defendant allegedly attacked a civil or public servant or a government contractor,  has prior convictions on their record, or allegedly commited one of the following:

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 Posted on August 12,2021 in Criminal Defense

In an unprecedented move, the country of Mexico sued a number of gun companies in the United States, alleging the gunmakers’ negligent and illegal practices enabled drug cartel violence. However,some legal experts say the case is unlikely to succeed, leaving many to believe Mexico instead filed suit to raise awareness of the bloodshed that has resulted in upwards of 150,000 homicides between 2006 and 2018. 

The reason the case is unlikely to succeed, according to some experts, is because gun stores are the ones that actually sell guns, not gun companies. Additionally, gun stores are required by law to comply with certain checks and balances.

Firearm Smuggling

According to the Texas Penal Code, firearm smuggling is when you transport or transfer a firearm that has been acquired through illegal means more than once and for profit. If you are arrested for firearm smuggling, you could face a third-degree felony, which carries a sentence of 2- to 10-years in prison. If you are arrested for smuggling three or more firearms in a single event, you could face a second-degree felony, which carries two to 20 years in prison and a $10,000 fine. 

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 Posted on July 30,2021 in Criminal Defense

Texas lawmakers often profess the importance of Second Amendment rights and try to advance legislation supporting citizens’ right to possess a firearm. Texas politicians recently did this with the passage of “permitless carry,” which will allow you to open or conceal carry without a license or training when the law goes into effect in September. 

Texas is known for having gun laws that are less restrictive than laws in other states. However, there are still important restrictions that gun owners should be aware of. Violating firearm laws can lead to significant criminal penalties.

Texas Gun Laws

Presently, Texas laws governing the carry of firearms are fairly simple and straightforward. You need a permit to concealed carry a weapon (though that will change in September), you cannot shoot your gun unnecessarily, you cannot carry prohibited firearms, and there are certain places off limits if you have a gun on you.

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 Posted on July 16,2021 in DWI

DWI arrests are a high priority for law enforcement in cities, counties, and municipalities across the country. The belief is that heavy enforcement of DWI laws along with public education campaigns will widely discourage people from driving drunk. In turn, these jurisdictions also prioritize DWI training, which coaches officers to evaluate drivers for signs of driving under the influence. So, what are police actually looking for when they evaluate a driver for signs of intoxication?

To answer that question, we look to the National Highway Traffic Safety Administration, a federal agency that sets the standards and creates instruction materials for DWI training.  

Personal Contact

According to NHTSA training materials, there are three phases to a DWI traffic stop: vehicle in motion, personal contact, and pre-arrest screening. In the first phase, the officer is essentially looking for a traffic violation, and in the third phase, they are administering standard field sobriety tests. In between is phase two: personal contact. 

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 Posted on July 06,2021 in Criminal Defense

The Atascosa County Sheriff’s Office said they recently broke up a theft ring after stopping two men who allegedly stole a mower. Deputies arrested and charged them with theft of property over $30,000. Since the item in question had such a high value, it seems to imply the theft was more egregious than stealing something of lesser value. It begs the question what are the grades of theft?

Theft in Texas

The law defining “theft” in Texas is relatively simple. You commit theft when you unlawfully take property from its owner, or when you accept property knowing that it was stolen. The punishment for theft varies depending on the value of the item stolen, the item itself, your criminal history, and the victim. 

Misdemeanor Theft

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 Posted on June 24,2021 in DWI

As it is in all 50 U.S. states, drinking and driving is against the law in Texas. When a police officer suspects that a driver is under the influence of alcohol, he or she may use various techniques to test the extent of the driver’s impairment. Breath alcohol tests or “breathalyzers” determine an individual’s blood alcohol content (BAC) by analyzing a sample of the driver’s breath. Field sobriety tests are used to assess a person’s attention, balance, and coordination – functions that are heavily influenced by alcohol intoxication. However, failing a breath test or field sobriety test does not necessarily mean that a person is impaired.

Problems with Breathalyzers That Can Lead to Inaccurate Readings

The portable, roadside breath tests police officers may administer at a traffic stop differ significantly from the breath alcohol tests used at the police station. Handheld breath tests are not as accurate or reliable as the machines used at the police station. The results of a roadside BAC test may be used to justify an arrest for suspected drunk driving, but these results alone do not justify a driving while intoxicated (DWI) conviction.

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