Category: Criminal Defense

How a Defense Strategy Can Change When a TX Assault is Aggravated

Assault | Criminal Defense

Assault is considered a violent crime, but the severity of what someone is charged with depends on the circumstances surrounding an incident.

Generally speaking, there are two classes of Texas assault charges – simple assault and aggravated assault. Crimes range from misdemeanor charges to felony sentencing.

Because of the vast difference in penalties associated with an aggravated assault conviction, it is vital to have a defense strategy that is tailored to your specific case.

Let’s take a look at how the law defines these two classes of assault, and how your defense strategy might change when assault charges are aggravated.

Simple Assault in Texas

A simple assault is charged when a person knowingly, recklessly, or intentionally causes injury to someone [...]

What Makes a Good Texas Criminal Attorney?

Criminal Defense

When it comes time to hire a private criminal attorney in Texas, there is no room for messing around. Even misdemeanor charges can result in lost wages, jail time, and a stain on your criminal record.

Convictions add up, and they will only extend the amount of penalties if you are found guilty on subsequent charges. Defendants must fight back with aggressive strategies and the best help that they can get.

Unfortunately, not all Texas defense lawyers will be able to get you the outcome that you are looking for. The time you put into doing research and consulting with different attorneys is an investment in your future, so don’t take the process lightly.

Use these tips to help [...]

Why Criminal Diversion Programs are Good for Everyone in Texas

Criminal Defense | Diversion Programs

In Texas, 20-30% of offenders released from prison go right back there within three years of release. This suggests that, in many cases, traditional prosecution and sentencing is ineffective in preventing future offenses.

Why does this happen?

One of the biggest reasons is that once an individual has spent time in prison, obtaining gainful employment or a college education is much more difficult. In many cases, former offenders may turn back to illegal activities because they find that they are otherwise unable to support themselves.

This can lead to a vicious cycle of repeat offenses, bringing harm to the victims of these crimes, and placing a substantial burden on the criminal justice system.

In contrast, research has shown that diversion [...]

Texans’ Right to Remain Silent – How Miranda Rights Really Work

Criminal Defense | Miranda Rights

“You have the right to remain silent. Anything you say can and will be used against you…”

We’ve all heard this phrase in movies and television, but how do these rights actually work in the real world? If you are arrested and law enforcement officers are asking you questions, will all of your answers be evidence used against you? If you are pulled over for possibly driving under the influence, will your silence get you off free?

Let’s explore Miranda rights and how they work in Texas when you interact with law enforcement.

What Are Miranda Rights?

Miranda vs. Arizona was a Supreme Court case that looked at the conviction of Ernesto Miranda. Miranda was unaware that he could invoke [...]

Types of Felony Charges and Penalties in Texas

Criminal Defense | Felonies

Texas law categorizes crimes as misdemeanors or felonies, then breaks each of those categories up into various levels of charges. Felonies alone are divided into six different levels.

In this post, we will detail the different possible felony charges that you can find yourself up against in Texas, as well as the associated penalties.

State Jail Felony

Penalties:

• State jail sentence of 180 days to 2 years
• A fine of up to $10,000

Examples include:

• Theft of property valued between $1,500 and $20,000
• Theft of a firearm
• Abuse of debit or credit cards
• Possession of less than one gram of a Schedule 1 drug

A state jail felony is the default charge for crimes identified as felonies but without specific [...]

What to Expect after Getting a Texas Assault Charge

Assault | Criminal Defense

If you are arrested on assault charges in Texas, it is important to understand the legal process that you will have to go through. This way, you’ll be more prepared at each step of the journey and give yourself a better chance of achieving a positive outcome.

Below, you’ll find a step-by-step walkthrough of the legal process following your arrest for assault.

Appearing before a judge

Within 48 hours of the arrest, you will appear before a magistrate, or judge, who will read you the charges and inform you of certain rights, such as your right to remain silent and your right to an attorney.

It is impossible to stress enough the importance of retaining experienced legal counsel as [...]