1433 3rd St, Floresville, TX 78114
830-769-1010
HELPING OUR
CLIENTS MOVE ON
WITH THEIR LIVES.
A Criminal Defense Firm Serving Wilson, Atascosa, Frio, Karnes, & LaSalle Counties.
Recent Blog Posts
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.
What Do Police Look for During a DWI Stop?
DWI arrests are a high priority for law enforcement in cities, counties, and municipalities across the country. The belief is that heavy enforcement of DWI laws along with public education campaigns will widely discourage people from driving drunk. In turn, these jurisdictions also prioritize DWI training, which coaches officers to evaluate drivers for signs of driving under the influence. So, what are police actually looking for when they evaluate a driver for signs of intoxication?
To answer that question, we look to the National Highway Traffic Safety Administration, a federal agency that sets the standards and creates instruction materials for DWI training.
Personal Contact
According to NHTSA training materials, there are three phases to a DWI traffic stop: vehicle in motion, personal contact, and pre-arrest screening. In the first phase, the officer is essentially looking for a traffic violation, and in the third phase, they are administering standard field sobriety tests. In between is phase two: personal contact.
What Are the Grades of Theft in Texas?
The 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
Can I Avoid DWI Conviction Even If I Fail a Breathalyzer or Field Sobriety Test?
As it is in all 50 U.S. states, drinking and driving is against the law in Texas. When a police officer suspects that a driver is under the influence of alcohol, he or she may use various techniques to test the extent of the driver’s impairment. Breath alcohol tests or “breathalyzers” determine an individual’s blood alcohol content (BAC) by analyzing a sample of the driver’s breath. Field sobriety tests are used to assess a person’s attention, balance, and coordination – functions that are heavily influenced by alcohol intoxication. However, failing a breath test or field sobriety test does not necessarily mean that a person is impaired.
Problems with Breathalyzers That Can Lead to Inaccurate Readings
The portable, roadside breath tests police officers may administer at a traffic stop differ significantly from the breath alcohol tests used at the police station. Handheld breath tests are not as accurate or reliable as the machines used at the police station. The results of a roadside BAC test may be used to justify an arrest for suspected drunk driving, but these results alone do not justify a driving while intoxicated (DWI) conviction.
What Are the Laws Surrounding the Carry of Firearms in Texas?
In 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.
What Is the Difference Between Theft, Robbery, and Burglary Charges in Texas?
In everyday conversation, the words “robbery,” “theft,” and “burglary” are often used to mean the same thing. However, in a legal setting, these words are not necessarily able to be used interchangeably. In most states, there are distinct differences between all three charges, as well as different punishments for committing each. If you have been charged with any of these crimes in Texas, you should understand exactly what that crime is.
Theft
There are various situations that can constitute a theft crime. In general, however, theft occurs when a person “unlawfully appropriates property” with the intent of depriving the owner of the property of the item’s use. Texas law states that property is unlawfully appropriated when:
- It occurs without the owner’s consent.
- The property is stolen and the perpetrator knows that such property is stolen, but still appropriates it.
Texas Executes the First Inmate in Nearly a Year
Arguably, the worst sentence that a person can receive for being convicted of a crime is execution. Execution, also called capital punishment, is a hotly debated topic. Many people believe that we should not have the authority to decide whether a person lives or dies. Others believe that execution is the only appropriate punishment for crimes such as murdering another human. Texas is notorious for its attitudes and actions surrounding the execution of prisoners. Recently, the state made headlines when it executed its first prisoner in nearly a year, only the third execution since the COVID-19 pandemic began.
Man Is Executed by Lethal Injection
The state of Texas added another inmate Wednesday to its extensive list of executions performed since 1976. The 41-year-old man was executed by lethal injection at the Texas State Penitentiary at Huntsville after spending more than two decades in prison. He was convicted of murdering his 83-year-old aunt in her home in 1999 after he demanded that she lend him money and she refused. The man was also convicted of stealing property from his aunt’s home at the same time as the murder. He was 20 years old at the time of the offense.
How Does Texas Classify Murder Charges and Their Penalties?
In most cases, the lives of those who are convicted of murder are essentially over. A lifetime in prison with or without the possibility of parole is a common sentence for those who have been convicted of murder. In Texas, the death penalty is still a possiblity for those convicted of the most serious crimes, such as murder. In fact, the state of Texas holds the record for the most people executed since 1976. According to the Death Penalty Information Center, Texas has executed a total of 570 prisoners since 1976, as of March 2021. Even though a death sentence is a possible penalty for murder, there are several types of murder that you could be charged with in Texas; the specific crime you are charged with will determine what type of sentence you face.
Murder
According to Texas law, a person commits murder if they:
830-769-1010
1433 3rd St, Floresville, TX 78114
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
