Criminal Defense
X

location1433 3rd St, Floresville, TX 78114

Search
Phone830-769-1010

Wilson County criminal defense lawyerThe 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:

  • Multiple victims - Family violence can be deemed “continuous” even if there was only one single incident of violence when two or more alleged victims are involved.

    ...

Floresville criminal defense attorneyIf 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:

  • Your criminal history, or lack thereof. If this is your first offense, and it is a misdemeanor, you could be eligible for what is called deferred adjudication. This means that you will enter a plea of guilty or no contest and be put on probation. If you complete probation without violating the terms, your case will be dismissed and you will have a clean criminal record. On the other hand, if you have prior convictions, there is a higher chance of receiving a greater sentence.

    ...

jourdanton criminal defense lawyerBeginning 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

Before the passage of HB 1540, the Texas Penal Code equated the solicitation of a prostitute with prostitution itself, meaning the state saw both the John and the sex worker as equally guilty for the crime. The charge for either was a Class B misdemeanor, but it became a Class A misdemeanor if you were caught a second time, and a state felony if you were caught a third time. 

...

texas defense lawyerLike 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.

...

texas gun lawyerIn 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. 

...
Back to Top