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Assault with a Deadly Weapon in Texas

 Posted on February 22, 2024 in Violent Crimes

Parker County criminal defense lawyerFacing an assault with a deadly weapon charge in Texas carries many issues of concern. The first of which is hiring experienced and knowledgeable legal representation to protect your rights. An attorney can help you understand the charges and mount a solid defense to get the charges dropped or reduced.

Aggravated Assault

In Texas, assault is placed into two categories – simple assault and aggravated assault. Simple assault is when a person knowingly, recklessly, or purposefully greatly injures another person or threatens to do so. Aggravated assault is an elevated form of simple assault that occurs when a person causes serious bodily harm or flashes a deadly weapon during the assault. Texas maintains aggravated assault as a second-degree felony. This charge can escalate to a first-degree felony when other aggravating circumstances are involved, such as using a deadly weapon.

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The Consequences of Subsequent DWI Convictions

 Posted on January 15, 2024 in DWI

Parker County criminal defense attorneyRepeat driving while intoxicated (DWI) offenders will likely face considerably harsher penalties than that of a first-time offender. Most first-time DWI offenders will receive a misdemeanor charge with a fine of up to $2,000 and a minimum driver’s license suspension of three months. However, even a first-time DWI offense can become a felony when specific criteria are met. Legal representation is crucial when dealing with a second, third, or subsequent DWI charge. Contact a lawyer with DWI defense experience to see what can be done.

What Texas Considers a DWI Offense

Driving while intoxicated in Texas means that a driver did not have regular use of their mental or physical faculties due to the use of alcohol, drugs, or another controlled substance while operating a motor vehicle in a public place. A DWI charge can also be issued if the driver has a blood alcohol concentration (BAC) of 0.08 percent or higher. A first-time offense without aggravated factors is considered a Class B misdemeanor and requires a minimum jail term of 72 hours. If that same driver is found to have an open alcohol container in their immediate possession, the jail term is extended to a minimum of six days. A BAC of 0.15 percent or higher raises the charge from a Class B misdemeanor to a Class A misdemeanor.

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What To Do About False Domestic Violence Allegations

 Posted on December 12, 2023 in Criminal Defense

Parker County criminal defense lawywerFalse allegations can create a devastating impact on anyone’s life. Being falsely accused of domestic violence can quickly turn your life upside down in ways you may not imagine. Everything you have worked hard to achieve and the relationships you have made along the way can immediately begin to crumble beyond repair. So, what can be done about the false allegations being made against you? Though it can feel overwhelming, securing yourself an attorney can be your best bet in defending yourself against the allegations.

The Sad Reality of False Domestic Violence Allegations

Even proof of innocence may not be able to put the pieces of your life back together after being falsely accused of domestic violence. Regardless of a revenge plot of a jilted lover or a frame job just for public attention, a domestic violence allegation can be challenging to rebuild after the charges have been proven false. But there is still hope. These claims are pretty common, and as such, there are things to look for and ways in which to defend yourself from false allegations.

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When Assault Becomes a Felony in Texas

 Posted on November 10, 2023 in Criminal Defense

Parker County criminal defense lawyer Assault accusations are serious in the state of Texas. Simple assault is usually just a misdemeanor but can quickly become a felony, depending on the circumstances. Understanding how and why you receive a felony assault charge can go a long way in figuring out how to defend yourself. A skilled attorney with experience in assault charge defenses is a great first step toward getting the help you need.

What is Assault?

Simple assault is a misdemeanor offense that occurs when an individual intentionally, knowingly, or recklessly commits bodily harm or injury to another individual, which includes their spouse. Additional assault is outlined as “intentionally or knowingly threatening bodily injury or doing so to provoke or offend.” A simple assault charge will normally be categorized as a Class C misdemeanor.

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What is Required to Prove Sexual Assault?

 Posted on October 11, 2023 in Criminal Defense

Parker County sex crimes lawyerSexual assault accusations can carry with them many future complications for the accused. Even without evidence, a simple accusation can mar a person’s reputation for life. In Texas, the burden of proof falls on the prosecution to prove beyond a reasonable doubt that the accused committed the act. A good criminal defense attorney with experience in sex crimes can provide the defense you would need to fight the charges.

The Meaning of Consent in Texas

Any sexual acts committed in the state of Texas require the consent of both parties involved. Consent is the approval or agreement to commit a sexual act or acts. Without consent, what would normally be considered an acceptable act may now be considered a crime. Being able to distinguish between apparent consent and a lack of consent is important for avoiding legal trouble altogether.

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What is the Difference Between Assault and Battery in Texas?

 Posted on September 12, 2023 in Criminal Defense

Weatherford, TX criminal defense attorneyAssault and battery are two closely related crimes, but there is a difference between them. Assault only requires the threat of violence, while battery, or aggravated assault, requires intentional and seriously harmful physical contact.

In Texas, assault is defined as "intentionally, knowingly, or recklessly threatening or causing bodily harm." Aggravated assault adds to this definition through “serious bodily injury and use or exhibit of a deadly weapon."

Regardless of whether you have been charged with assault, aggravated assault, or both, it is important to speak to an attorney. They can help you understand the charges, mount a defense, and protect your rights under the law.

What are the Penalties for Assault and Battery?

Penalties for assault will vary depending on the circumstances. For a simple assault, the general punishment is no more than a year in jail and a fine of up to $4,000. However, in some cases, a simple assault can be bumped up to a third-degree felony which can result in two to ten years in prison and a fine of up to $10,000.

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A DWI Can Impact Your Insurance Rates

 Posted on August 21, 2023 in DWI

Weatherford, TX DWI lawyerGetting charged with Driving While Intoxicated (DWI) can have far-reaching consequences on various aspects of your life, including your insurance rates. DWI offenses are serious offenses that indicate high-risk behavior, and insurance companies take these violations very seriously. If you are convicted of a DWI, you can expect significant changes in your auto insurance premiums.

How Does a DWI Affect Insurance Rates?

One of the immediate and most noticeable effects of a DWI conviction is the surge in your auto insurance premiums. Insurance providers view DWI offenders as high-risk drivers, and they adjust the rates accordingly. Expect a substantial increase in your premiums, sometimes even doubling or tripling your previous rates.

In the state of Texas, a DWI conviction may lead to an SR-22 requirement which can further elevate your insurance costs. An SR-22 is a certificate of financial responsibility that you must file with your insurance company. This document verifies that you carry the minimum liability insurance required.

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What Are My Rights as a Defendant Under the Sixth Amendment?

 Posted on July 25, 2023 in Criminal Defense

Weatherford, TX criminal defense lawyerThe Sixth Amendment gives you legal rights as a defendant once you are in the criminal justice system. These are protections that govern both the timing of the trial and what you can do to defend yourself from the charges. If the prosecution violates these rights, it could mean that you could successfully challenge any conviction on appeal. Here are some of your major rights according to the Sixth Amendment.

The Right to a Speedy Trial

In general, the accused has the right to a “speedy” trial. The Constitution does not give an exact timeframe for what is considered speedy, but appellate courts usually consider:

  • The length of the delay for a trial

  • The reasons for the delay

  • Whether the accused demanded a speedy trial

  • Whether there was any prejudice to the accused

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DWI Checkpoints in Texas: What You Need to Know to Protect Your Rights?

 Posted on June 16, 2023 in DWI

TX DWI lawyerDriving While Intoxicated (DWI) checkpoints are an enforcement tool used by law enforcement agencies in Texas to identify and apprehend drivers who may be operating a vehicle under the influence of alcohol or drugs. While these checkpoints ensure public safety, it is crucial for individuals to be aware of their rights and how to protect them when encountering such checkpoints.

In this blog post, we will provide essential information about DWI checkpoints in Texas, empowering you to navigate these situations while safeguarding your rights.

Understanding the Legality of DWI Checkpoints

Under Texas law, DWI checkpoints are considered legal, provided they adhere to specific guidelines set forth by the Supreme Court. These guidelines require law enforcement agencies to conduct checkpoints in a standardized and non-discriminatory manner.

Determining the Constitutionality of DWI Checkpoints

The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures. DWI checkpoints are considered a brief seizure, and their constitutionality depends on whether they meet specific criteria. These include:

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Are Field Sobriety Tests Always Accurate?

 Posted on May 16, 2023 in Criminal Defense

texas dwi defense lawyerWhen a driver is pulled over by police on suspicion of driving under the influence, there are certain steps the officer will take in order to make that determination. One of the tools that law enforcement will use is requesting that the driver submit to field sobriety tests. This is especially true if there is no odor of alcohol, open container, or any other obvious signs that the driver had been drinking. If the driver submits to these tests and fails (in the officer’s opinion), the officer now has grounds to demand the driver submit to a breathalyzer test.

The following is a brief overview of those tests. If you have been charged with drunk driving, make sure you contact a DWI defense attorney right away.

Walk and Turn

For the walk and turn test, the driver is asked to take nine steps, heel to toe, in a straight line, with their arms to the side, then turn around and take nine steps back. The officer will look for specific clues that suggest the driver is impaired, such as stumbling, swaying, or losing balance.

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