R. Todd Bennett, P.C.
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Houston Texas Criminal Defense Blog

How are domestic violence charges prosecuted in Texas?

Texas Penal Code, Title 5, Chapter 22, Section 22.01 defines domestic violence as any instance in which an individual threatens or inflicts bodily harm on another individual. State law allows anyone residing in the same home with their alleged victim to be charged with domestic violence. It doesn't matter whether they're in a romantic relationship with their victim. They don't necessarily have to be related by blood either.

Domestic violence is considered as a type of assault in Texas. It can be prosecuted as anything from a Class C misdemeanor up to a first-degree felony here in this state. Prosecutors will generally base their decision as to what degree of crime to charge a defendant with on a variety of factors.

What are the penalties for a DWI conviction?

Everyone makes mistakes. When you are out enjoying your time with friends, it can be easy to lose track of time. It is also easy to miscalculate how much you have had to drink or how other intoxicants may be affecting your ability to drive.

You may have somewhere important to get to, or you may just be heading home for the night. However, even one intoxicated driving mistake can be very costly.

Don't take a plea on an arson case before you read this

Most people associate arson charges with a scheme to defraud an insurance company. They picture someone setting fire to a warehouse or business and then trying to cash in on an inflated insurance check.

In reality, you can be charged with arson in Texas for such varied offenses as:

  • Burning down weeds in a field without permission
  • Setting fire in an abandoned building
  • Setting fire to an old car that's abandoned
  • Intentionally lighting a fire that puts other people in danger
  • Intentionally lighting a fire for warmth but letting it get out of control
  • Accidentally setting a fire while manufacturing drugs
  • Simply lighting a fire or causing an explosion -- even if the fire burns out or the explosion is minor

Get help when federal agents show up to your business

What do you do if federal agents suddenly show up at your workplace and want to ask you a few questions? You're worried about where things will go if you answer them. You're also worried about what will happen if you refuse to answer.

So, what do you do? Remember these facts if federal agents are waiting in your lobby:

Theft accusations are informed by the evidence available

The whole country knows that Texas is tough on crime. For that reason, being accused of theft & property crimes can result in serious consequences if the person accused. Of course, it is an imperfect world, and accusations of theft occur daily. One example is of a man who was recently accused of robbing a Texas CVS.

The man, 21, is accused of having walked into a CVS pharmacy and handing the staff members a note. That note, according to published reports, demanded that the staff members give the man prescription drugs. Naturally, the staff members were very disconcerted by that.

Fraud charges can be fought successfully

Anything involving financial transactions has to be handled carefully. One reason for that is so all parties involved are satisfied and don't have any regrets. Another reason is because there are many laws in Texas that govern financial transactions. Running afoul of those laws can result in being accused of fraud by angry people who feel that they were done wrong and having to defend against those accusations in court. Of course, some people who are accused of fraud win in court. One of the ways to win is by getting the case dismissed.

That happened in a recent case, when a lawsuit filed under the False Claims Act was dismissed by a Texas federal judge. The whistleblower lawsuit had been filed two years ago. Often, cases like this can take a long time to work their way through the system on the way to their final resolution.

Proving innocence in assault cases can be done

Texas takes a dim view of assault cases and is famously tough on those who commit assault. For that reason, anyone who is accused of assault in Texas should take it very seriously. There may be circumstances where a lawyer may be able to credibly argue against a conviction and prevent or moderate the legal consequences for the defendant they represent. Of course, even more importantly, the defendant may not be guilty, and may need that proven by their lawyer in a court of law.

One former Texas police officer was found innocent in his case, even though it may have seemed that the deck was stacked against him. His case is an example of why people accused of assault who want to prove their innocence should fight to do so.

Theft accusation made at popular shopping center

Being accused of theft in Texas is very serious. Indeed, Texas has a reputation for being particularly tough on theft. That is why anyone accused of theft should immediately seek out experienced legal representation. Recently, a Texas woman was accused of theft of merchandise from the Houston Premium Outlets, a very popular shopping center with an array of different stores that is frequented by a high volume of shoppers every week.

The woman is accused of theft from four stores at Houston Premium Outlets: Carters, Gap, Osh Kosh, and Express. All of those stores are known for selling trendy items of apparel as well as everyday clothing items.

Assault charge involves opposite contentions

In an assault case, multiple things need to be determined. Those include exactly what happened, what fault there was and what mitigating circumstances, if any, there were. All of those will undoubtedly be looked at in regard to a current Texas case in which a police officer is being charged with aggravated assault by a public servant, which is a first-degree felony.

The charge was just announced by the Harris County district attorney and stems from an incident in which the officer is said to have kneed a drug suspect in the face. The suspect, who had been trying to sell crack cocaine, was 52 at the time. The officer allegedly kneed the suspect in the face when they were at a gas station.

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