Criminal Defense - Page 7
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location1433 3rd St, Floresville, TX 78114

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TX defense lawyerMost people would prefer to go their entire lives without ever being arrested or charged with a crime. Unfortunately, it can be strikingly easy to make one bad move and find yourself in legal trouble. Although misdemeanors are the less serious category of crimes in Texas, being charged with one can still have a substantial negative impact on your life. That said, if you find yourself facing one of these misdemeanor charges, you are not alone. Thousands are arrested and accused of crimes every day. Your response to the charge matters. Taking the case seriously and securing good legal representation can have an enormous impact on the ultimate outcome of your case.

What Are the Most Commonly Charged Misdemeanors in Texas?

No two criminal cases are ever alike, but some types of accusations are more common than others. Most Texans who get arrested for alleged misdemeanor crimes are accused of:

  • Cannabis possession - While many other states have legalized high-THC cannabis products for medical or recreational use, they remain illegal in Texas. However, the drug remains ubiquitous and many Texas residents risk harsh punishment for using or possessing it.
  • DWI - DWI arrests are extremely common, especially during the holiday season. This does not mean the charge is not serious - the penalties for DWI in Texas can include jail time and up to a two-year loss of driving privileges for a first offense.
  • Family violence - Domestic disputes have been on the rise since the start of the pandemic. Arguments between family members, especially during long quarantines, can quickly spiral into physical confrontations that land someone in jail. Unfortunately, it can be challenging for police officers to figure out who the primary aggressor was, and they do quite frequently arrest the wrong person.
  • Theft - Between minor shoplifting and petty theft, accusations of stealing lead to criminal charges for a lot of people.
  • Disorderly conduct - Often viewed as a “catch-all” charge, any number of actions, innocent or not, could lead to this charge. Intoxication is not required to sustain a disorderly conduct conviction.
  • Suspended license - Texas suspends people’s driver’s licenses for an enormous number of reasons, not all of which are related to a person’s driving record. If you know your license is suspended, do not drive. If you did not know that your license was suspended and found out because you got pulled over, you could still find yourself charged with a misdemeanor.

Although none of these crimes are nearly as serious as, say, running a large-scale meth operation, this does not mean that you can take them lightly. Misdemeanors can and do put Texans in jail every day. If you are facing a criminal charge, you must address it with care.

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TX defense lawyerMurder and manslaughter are both very serious felony charges that can lead to extended prison sentences. Manslaughter, however, is seen as slightly less serious than outright murder. While both are considered forms of homicide, capital murder, murder, and manslaughter are three distinct offenses in Texas. Trying to determine which charge applies to a given series of events that resulted in a death can be difficult, as many elements of murder and manslaughter overlap. Much of the distinction comes down to the defendant’s intent and state of mind.

If you are facing any homicide charge, your freedom and future depend on a strong legal defense. Securing aggressive legal counsel should be your first priority.

What Does Murder Mean in Texas?

In Texas, murder generally applies to situations where the defendant has knowingly and willingly caused the death of another person. Murder charges can also apply if the defendant intended to cause the victim serious bodily harm, or was in the course of committing a different felony when he killed someone as a result. So, murder does not necessarily mean actually intending to kill - a defendant who intended only to seriously hurt someone may be liable for murder if the victim instead dies.

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TX defense lawyerIf you have been accused of a white-collar crime, you are probably worried about much more than the criminal sentence you could be facing itself. You have probably worked hard to build your career, life, and reputation. Being convicted of a white-collar crime can threaten everything you have worked for over the years. It could also affect not just you, but also your family.

If you are facing white-collar criminal charges, it is important that you find a criminal defense lawyer who appreciates the far-reaching consequences you could face if convicted. A lot is at stake for people accused of white-collar crimes.

What Additional Concerns Might I Have in a White-Collar Crime Case?

People accused of white-collar crimes tend to have one thing in common - they are professionals. Many alleged embezzlers hold trusted positions at large corporations. Those accused of money laundering typically own a business. People who are in a position to commit white-collar crimes in the first place may have more to lose than those accused of street-level crimes like drug possession. If you have been accused of a white-collar crime, consider:

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TX defense lawyerYour spouse probably knows almost everything about you, from your deepest fears to your favorite song. Many married couples share nearly every aspect of their lives and have few or no secrets from each other. If you have been accused of a crime, odds are, your spouse knows something about that too. You may be worried about the potential impact of having your spouse testify against you, not just on your case but on your marriage as well.

Luckily, Texas law carves out a few exemptions to protect married couples from having to testify in proceedings against each other and limiting the scope of questioning if they do. A qualified attorney can help you better understand whether your spouse may have to testify, and if so, about what.

What Two Texas Rules Protect Spouses from Testifying Against Each Other?

In Texas, there are two distinct rules that protect married couples from having to incriminate each other. They are:

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TX defense lawyerThe definition of a “burglary” can vary wildly between states. The general consensus is that burglary is a felony committed when a person breaks into a structure intending to commit another crime inside. Some states are very specific about what type of structure is covered under the burglary statute. Others are particular about what type of crime the offender must be planning to commit once inside. If you have been accused of committing burglary, you may have a lot of questions about why you have been charged with this crime. It is best to speak to a criminal defense attorney who can assess how the Texas burglary statute applies to your case and begin preparing your defense.

What Is the Legal Definition of Burglary in Texas?

In Texas, burglary means unlawfully entering or staying in a building with the intent to commit theft, assault, or any felony. Traditionally, people think of burglaries as being limited to home invasions for the purpose of stealing a family’s things. However, the legal definition of burglary in Texas is not nearly so limited. The building or structure targeted need not be a residential dwelling - retail stores, financial institutions, office buildings, or any other public or private building may count for the purposes of a burglary charge. Even a vehicle like an RV or camper that is designed for use as temporary accommodations.

Intending to commit a crime inside is another important element of burglary. Theft, assault, or any felony can count as the planned crime for purposes of a burglary charge. This is where some defendants may become confused about why they are charged with burglary. Many believe that if they did not mean to take anything or hurt anyone, they are not committing burglary. However, felonies like selling narcotics and stalking-related offenses are routinely committed inside structures that no one had a legal right to be in. In Texas, that could be a burglary.

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