1433 3rd St, Floresville, TX 78114
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A Criminal Defense Firm Serving Wilson, Atascosa, Frio, Karnes, & LaSalle Counties.
Recent Blog Posts
Does Juvenile Crime Rise on Halloween?
Halloween can be tough for teenagers - they are too old to trick-or-treat but too young to join the costumed crowd in the local bar. Every year, there is an uptick in juvenile crime around Halloween as teenagers celebrate the holiday in their own way. Most teen lawbreaking around the fall holiday involves minor crimes, like vandalism, but petty crime can progress into more serious criminal activity.
Unfortunately for parents, there is no worse Halloween night trick than getting a phone call saying their son or daughter is in jail. If your minor child gets arrested for any reason this Halloween season, getting them a lawyer should be your main priority - a skilled attorney can potentially help avoid a criminal record that could follow your teen for life.
What Crimes Do Juveniles Often Commit Around Halloween?
Teen mischief has been a Halloween tradition for a long time. However, some teens go too far and end up committing crimes. It does not help that many costumes include masks, which may lead teens to feel emboldened to break the law. Around Halloween, teens often get arrested for:
What Are Some More Ways to Defend a Homicide Case?
Murder is perhaps the most serious crime a person can be charged with in Texas. Sentencing can go all the way up to life in prison or even the death penalty. Anyone facing homicide charges needs an experienced and capable criminal defense lawyer to minimize your chances of facing these harsh penalties - whether you are guilty or not.
If you have been accused of murder, finding good representation should be your top priority. A defense attorney will look at all the facts and circumstances surrounding the crime and see if there are any applicable defenses, then decide on a defense strategy. In some cases, a murder charge can be reduced to a lesser crime.
What Is Manslaughter in Texas?
Manslaughter is still a serious crime, but it is not quite as serious as homicide. Rather than a first-degree felony, manslaughter is a second-degree felony and carries less severe penalties. Defense attorneys may sometimes fight to have a murder charge reduced to manslaughter in cases where the defendant caused another person’s death, but did so as a result of recklessness rather than intent to kill. In Texas, there are two types of manslaughter: voluntary and involuntary.
What Are Some Ways to Defend Against a Homicide Charge?
A murder charge in Texas is very serious indeed. Not only could a person convicted of certain types of homicide face life in prison, but they could be facing the death penalty. The state of Texas is notoriously harsh in murder sentencing. If you have been charged with any form of homicide in Texas, it is critical that you immediately contact an experienced and knowledgeable criminal defense attorney. You may have a defense available, but it will take the commitment of a skilled attorney to put forward your best defense.
An attorney will start by listening to your story and examining all available facts in your case to determine what defense strategy will give you the best chance of avoiding an overly harsh outcome. This multi-part article will touch on some strategies your lawyer may use to defend your murder case.
What Is Justifiable Homicide?
Police arrive on the scene of a murder with no understanding of what may have taken place in the moments leading up to the killing. In some cases, a person who was merely defending themself can be erroneously arrested and charged with murder. Texas law carves out a number of situations where a homicide can be considered justifiable.
When Can a Person Be Charged With Continuous Family Violence in Texas?
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:
Can a Person Under 21 Get a DWI Without Being Intoxicated?
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.
How Criminal Sentencing Works in Texas, and How a Lawyer Can Help
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:
Soliciting A Prostitute Becomes A Felony
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
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.
When Does Assault Become Aggravated Assault in Texas?
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:
Does Texas Have A Law Against Smuggling Firearms?
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.
What Are The Limitations To Texas Gun Laws?
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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1433 3rd St, Floresville, TX 78114
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