Have you been charged with a traffic violation? While a traffic violation is nothing to scoff at, it is one of the most common types of offense people make. This offense is especially prevalent in Texas as there are a number of possible violations you could be cited for. The most common violation is texting and driving, and in some municipalities, it is even illegal to answer a phone call or look up directions while driving. Texas is such a large state and it is crucial to be aware of your specific town’s laws surrounding safe driving.

Some overarching laws to become familiar with are the most frequent, such as motorcycle lane splitting, speeding, DWI, not wearing seatbelts, neglect of appropriate child car seats, texting while driving, and using a mobile device. Driving citations can also be issued without the driver getting pulled over, as it is common practice for tickets, especially those for speeding, to appear in the mail.

Penalties

Each traffic violation warrants varying penalties, as they are split into minor and major violations. Most of the common traffic violations are minor and result in points against your license. Minor violations are punishable by fines ranging from $50 to $1,000. A minor violation like failure to stop for a school bus may even cost you your license for a period of time. Major traffic violations such as a DWI, are punishable by a maximum fine of $2,000, license suspension, and jail time.

Originally published: August 7, 2020 -- Updated: August 12, 2022

Update: As discussed below, there are certain situations where the use of deadly force may be justified if a person is defending their property, including their home or their vehicle. In fact, the laws in Texas allow deadly force to be used to prevent the commission of multiple types of crimes, including burglary, arson, robbery, or aggravated robbery. However, this law also applies in cases where a person is allegedly attempting to commit theft or criminal mischief during the nighttime, and a person may use deadly force to prevent someone from fleeing after committing any of the offenses listed above. Generally, deadly force is considered to be justified if a person believes that they have no other options for protecting or recovering their property or if the use of non-deadly force would put them or someone else at risk of being seriously injured or killed.

Crimes against family and household members are often classified differently than offenses against non-family members. In Texas, domestic violence or abuse of a child, spouse, romantic partner, ex, parent, or roommate can lead to criminal charges for family violence.

Family violence charges already carry significant criminal penalties. However, if an individual is accused of family violence several times within a certain period, he or she may face charges for “continuous family violence.” Continuous family violence is a felony offense that carries a long maximum prison sentence and other devastating consequences.

Multiple Charges for Family Violence

Texas law prohibits violence against current or former family and household members. Assault family violence involves injurious or offensive physical contact with another person and is classified as a Class A misdemeanor. However, if the defendant has previous convictions for domestic assault or is accused of choking the victim, assault family violence is a third-degree felony. If you are convicted of misdemeanor assault family violence, you face up to a year in jail and a maximum fine of $4,000. If you are convicted of felony family violence, you face up to ten years in prison and a maximum fine of $10,000.

Compared to many criminal offenses, disorderly conduct is a minor offense. Typically, disorderly conduct is penalized with fines and, possibly, probation. However, a conviction for disorderly conduct can still influence a person’s life in many ways – especially if the alleged offender is a juvenile. If you or your child were accused of disorderly conduct, read on to learn more.

What is Disorderly Conduct?

Unlike other criminal offenses such as drunk driving, disorderly conduct is not well defined in Texas law. Disorderly conduct can involve:

• Getting into a fight or physical altercation with someone
• Making an offensive or obscene gesture at someone with the intent of starting a fight
• Using profane language intended to provoke someone
• Music or other noise that is more than 85 decibels or that violates local noise ordinances
• Firing or displaying a gun with the intent to upset others
• Reckless exposure of genitals
• Spying on someone for lewd or illegal purposes

Something as simple as having a party with loud music or shouting curse words at someone can lead to disorderly conduct charges.

Assault is defined in Texas law as intentionally or recklessly causing or threatening harm to or offensive contact with another person. The terms “assault” and “battery” are often used interchangeably. However, these are two different criminal offenses. Battery refers to conduct that results in actual bodily injury. Someone can be charged with assault even if they do not hurt the other person. Verbal threats, threatening gestures, or contact that is offensive, such as poking someone in the chest or shoving him or her backward, may lead to assault charges.

Many people find themselves facing assault charges because they got into a heated argument with a family member or friend. Bar fights or altercations in public can also lead to assault charges. If you or a loved one have been charged with assault, speak with a criminal defense lawyer as soon as possible. Your lawyer can help you build a strong defense to fight the charges.

Acting in Self-Defense in Texas

People have the right to defend themselves against those who mean them harm. Unfortunately, some individuals find themselves in handcuffs for simply trying to protect themselves. According to the Texas Penal Code, an individual is justified in using force against another if he or she reasonably believes that the force is needed for protection. However, the force must be reasonable considering the circumstances.