Criminal Defense - Page 5
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location1433 3rd St, Floresville, TX 78114

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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.

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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. 

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texas defense lawyerTexas 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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atascosa county criminal defense lawyerThe 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

  • Theft of property valued at less than $100 is a Class C misdemeanor and could result in a $500 fine. 

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TX defense lawyerIn the United States, the Second Amendment to the Constitution states that each citizen has the right to bear arms or to own guns. However, individual states are permitted to interpret that in nearly whatever way they see fit by creating and enforcing laws that govern the sale, distribution, use, and possession of firearms in the state. In Texas, you must have a permit to carry a handgun, either concealed or unconcealed. If you violate Texas firearm laws, you can expect to be charged with a crime depending on the circumstances surrounding your case.

Unlawful Carrying Weapons Charges

Under Texas law, a person who wishes to carry a firearm is required to have a valid permit to be in legal possession of the gun. In some cases, it is not legal for a person to be carrying a handgun. You can be charged with unlawful carrying of a weapon if you intentionally, knowingly, or recklessly carry a handgun and you are not on your own property, inside of your vehicle, or directly en route to your vehicle.

If you are charged with unlawful carrying of a weapon, you face a Class A misdemeanor. This means that an unlawful carrying of a weapon charge can come with up to one year in jail and up to $4,000 in fines.

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