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This is the guy that refused….


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Types of Assault Charges in Texas


Fighting Cats

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It does not take much for an altercation or argument to escalate and involve the police.  Some
people may believe that an assault charge consists of a violent fight between two individuals but this is not always the case.   In Texas, assault can include an attempt to hurt someone physically.  In some
instances, prosecutors have decided that the slightest touch is enough to file assault charges.  Additionally, the law does not require the alleged victim to sustain an actual injury.

There are several different
types of assault charges including but not limited to:

We could probably write a novel discussing the different types of assault charges and what they all mean and how each charge may come about.  As a result, we thought it might be helpful just to provide a general overview of assault charges.

Assault charges can range from Class C misdemeanors (e.g. assault by contact) to a 1st degree felony; all cases will vary based on the facts and criminal history of each defendant. On the lower end of the spectrum (Class C misdemeanor), the punishment may result in implementation of fines, attendance of anger-management or marriage counseling classes, or deferred adjudication.  Higher level misdemeanors could result in jail time or probation.  Felony cases may result in probation or prison time.  Depending on your criminal history and the actual charge, you may be eligible for special programs like the Pre-Trial Intervention Program in
Williamson County that could result in a dismissal of your case.

Assault Family Violence

We handle a large number of Assault Family Violence cases, both misdemeanours and felonies.  These
types of cases typically involve family members but may also include former spouses, domestic partners, roommates, and present/former boyfriends/girlfriends.

Frequently, assault family violence cases involve police officers responding to a call about a disturbance.  The police will likely talk to both parties and make an arrest based on whose story they believe or what the evidence
indicates.  Unfortunately, sometimes, the person arrested is actually the victim and not the aggressor.  Other times, a mere accusation of violence may be enough for a criminal case to be filed. Sometimes, penalties for assault family violence may be harsher than normal assault cases and may result in temporary or permanent loss of parental rights.

Unfortunately, having an assault family violence conviction on your record can be used to deny child custody and limit your visitation rights if you are undergoing a divorce or other child custody hearings.

Affidavits of Non-Prosecution

Unlike in TV shows and movies, an assault case cannot be dropped in Texas simply because the victim requests that the charges be dropped.  Instead, the right to drop the case belongs to the prosecutor and judge.
However, not all hope is lost.  Frequently, criminal defense attorneys help the victims in assault cases prepare Affidavits of Non-Prosecution, which express the victims wish that the case be dismissed and may shed some light on the altercation or argument that led to the arrest and filing of charges. While these affidavits can’t guarantee that a case is dismissed, they certainly help in persuading the prosecutor to dismiss the case or reduce the charges.

Protective Orders and Court Ordered Injunctions

In some cases of assault, the prosecutor will request that a court impose temporary protective orders or an injunction to place restrictions on contact between the accused and the victim, or in the case of assault family
violence on the other family members. Protective orders may vary, ranging from no contact with the alleged victim, which frequently results in the accused having to find another place to live until the case is resolved or the protective order lifted, or could result in a temporary loss of child custody.  A violation of a Court Ordered Protective order is also a serious criminal matter and may result in additional criminal charges filed against the accused.

Aggravated Assault & Assault with a Deadly Weapon

Aggravated assault consists of two different charges:  aggravated assault causing serious bodily injury and assault with a deadly weapon, both of which are typically second degree felonies.  An aggravated assault
causing serious bodily injury occurs when during the course of an assault the victim was seriously injured.  It is
escalated from a mere slap to the face to a more severe resulting injury.  Assault with deadly weapon occurs when the accused is alleged to have exhibited a deadly weapon during the commission of the assault.  Deadly weapons can include but are not limited to:  baseball bats, BB guns, bottles, clubs, drugs, firearms, knives, motor vehicles, nail guns, and even dustpans and hot water.

However, if you are accused of committing an aggravated assault against someone with whom you have a domestic relationship, or against a security guard, witness, police officer, or public official the charge may be
elevated to a first degree felony.

We are experienced as criminal defense attorneys in handling all types of assault cases and are able
to help whether you are being charged with assault by contact or assault with a deadly weapon.  We have successfully handled various forms of assault cases and are here to help.

List of Common Texas Assault Charges

 

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BWI – Boating While Intoxicated

BWI – Boating While Intoxicated

With summer activities kicking into full gear and people beginning to relax on their boats throughout the Austin lake ways of  Travis, Williamson, and Hays counties it’s a great time to discuss Boating While Intoxicated.

Enjoy your time hanging out at Devil’s Cove, Carlos & Charlie’s or The Oasis on Lake Travis — but be careful while consuming alcohol because you could get more than just a bad sunburn.

Many people are unaware that Boating While Intoxicated (BWI) is a crime but it is and was responsible for more than 300 arrests in Texas in 2010. Under Texas Penal Code § 49.06, BWI is a Class B misdemeanor. It is illegal to operate a boat with a Blood Alcohol Content (BAC) of 0.08 or higher (the same BAC that will result in an arrest for a DWI). You may also be charged with BWI in Texas if you are operating a boat and do not have normal use of your mental or physical facilities due to alcohol or drugs.

BWI FACTS:

  • A BWI carries the same penalty as a DWI.
  • A first conviction can result in a fine up to $2,000 and/or jail time up to 180 days.
  • A second conviction can result in a fine up to $4,000 and/or jail time up to one year.
  • A third conviction can result in a fine up to $10,000 and/or jail time of 2-10 years.
  • If you are found boating while intoxicated on a vessel that has an engine over 50 horsepower (this includes boats and jet skis), your license will automatically be suspended.
oasis at lake travis

Image by Tara Deck

Unlike a DWI an officer is not required to have probable cause or reasonable suspicion to stop your boat and test you for suspected impairment. On a boat, you can be stopped at the officer’s discretion to check the boat for safety floatation devices. The officer may then proceed to conduct a sobriety test based on factors he witnesses while on the boat such as smelling alcohol on breath, bloodshot eyes or a red face. Some of these factors could easily be explained as sun exposure but will frequently lead officers to conduct field sobriety tests. Officers may also stop boaters for other reasons including: driving the boat too fast for the waterway, aggressive turns, or failure to turn on lights and other equipment.

To investigate whether a person was boating while intoxicated an officer will likely perform some sobriety tests on the water to determine if there is reason to conduct a further investigation on land. The tests performed “on the water” will likely include such things as reciting the alphabet and divided attention tests (including hand-palm touches or a finger count). Officers are instructed to wait 15 minutes before administering sobriety tests on land, so that a person may regain his equilibrium after being removed from water to land.

Ultimately, the best thing you can do to protect yourself from being charged with a BWI is to appoint a designated driver or don’t drink and drive.

If you have any questions about what constitutes Boating While Intoxicated or have been charged with an alcohol related offense, feel free to visit us on Facebook and post a question, leave a comment or fill out a free case evaluation form with no obligation.

 

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Criminal Records: Expunged or Sealed?


State Seal of Texas

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Having a criminal record can be a huge obstacle when doing many things that most people take for granted. Most companies run background checks on all prospective employees so having a criminal record can prevent you from being hired for a job you may otherwise be perfect for. Depending on what type of case and disposition you received it is possible that a Texas attorney can help you expunge your criminal record.

Figuring out whether you can have your criminal record sealed or expunged can be a complicated issue and it is essential that you hire an attorney that is knowledgeable about the different methods of criminal record sealing. Depending on the results of your case; whether you were convicted, arrested, detained or if your case was dismissed – there are many factors to consider. Here are the two options available when it comes to having your criminal record sealed.

Expungement vs. Sealing

Most people believe that expunging and sealing criminal records have the same meaning, but there are a few differences. When a criminal record is sealed the court file is hidden from the general public but may still be available to certain government agencies and law enforcement. When a criminal record is expunged the criminal record is completely destroyed as if the crime never occurred. All of the records associated with the offense, such as the court records, arrest record and the criminal history are erased. Not every criminal offense can be expunged. The only circumstances in which you can get an expunction is if you were acquitted of the crime and found not guilty, or if your case was dismissed.

Expunction vs. Non-Disclosure:

The legal term for having your criminal record sealed is called a non-disclosure. A motion for a non-disclosure is normally granted after you have completed a deferred adjudication, which would make you ineligible to have your record expunged. Non-disclosure normally requires a certain waiting period after your conviction. These waiting periods normally range from two to five years depending on the nature of your offense and whether you were charged with a felony or misdemeanor. There are also some minor offenses that are eligible for non-disclosure immediately. If your petition for non-disclosure is granted, government and state agencies are prohibited from disclosing the information to the general public, but can be used if you are prosecuted again for another crime.

State Laws vs. Texas Laws:

Depending on where you live it is possible that your state does not allow any records to be sealed or expunged. Some states only allow criminal records to be sealed but not expunged and others allow expunction and non-disclosure but not for more serious felony offenses such as murder, kidnapping, rape and other sex-related crimes.

Below are the current Texas Laws that deal with destroying and concealing criminal records. Legislature can change at any time, so it is very important that you find a knowledgeable attorney in your state that can guide you through the complex laws and give you peace of mind that your past is completely behind you!  If you have any other questions or would like a free evaluation of your case, find us on Facebook and we would be happy to address your concerns immediately!

TEXAS STATUTES REGARDING EXPUNCTION AND NON-DISCLOSURE

 
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Posted by on June 16, 2011 in Legal Rights

 

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How Do I Handle an Outstanding Warrant in Texas?


Wanted: Charlie Brown
Image by kevindooley via Flickr

Having an outstanding warrant for your arrest can be an alarming and daunting thing, understanding the process of resolving a warrant can help alleviate some of that anxiety.  Here are some basic guidelines on how to handle an Outstanding Warrant in Texas:

  • If a warrant has been issued for your arrest, you are typically required to turn yourself in to resolve the warrant.  If you do not turn yourself in, you could be arrested anywhere at any time, no matter the offense, to resolve the warrant.
  • Once you have turned yourself in, or been arrested for the warrant, it will be determined whether you will be given a bond and if you are, what the bond amount will be.  Some warrants are issued with a recommended bond amount. This amount will likely be the bond you pay after you turn yourself in.
  • For warrants issued without a recommended bond amount, you will go before a magistrate who sets a bond amount, this typically occurs the following morning.  Without a recommended bond amount on your warrant, you will have to wait in jail until the morning before you can see a magistrate.  There are no particular types of cases that require you to go before a magistrate; it can be for any warrant that was not issued with a recommended bond amount already set.

After you know what amount has been set on your bond, there are a few options you can take.

  • You can pursue a cash bond which entails going through the jail to pay the full bond amount.  Once your case is closed, the bond amount is refunded in full.
  • Another option is to go through a bond company to bail you out of jail.  A bond company will typically charge 10% to 12% of the bond and is a non-refundable fee.
  • If you cannot afford to pay the bond or go through a bond company, you can wait out your time in jail until your case is resolved and possibly receive time served towards your case.

After you have been arrested for the accused offense, the court will set a hearing date for you to contest the charges against you.  At this point you should hire a criminal defense attorney to guide and assist you in resolving your warrant and in your court proceedings.   If you have questions about a warrant that has been issued for your arrest in Colin, Travis, Hays, Dallas, Tarrant, or Williamson County, you can visit us on Facebook for a free case evaluation with absolutely no obligation.

Helpful Links for Outstanding Warrants:

Travis County Warrant Search: https://public.co.travis.tx.us/wow/default.aspx

Austin Police Department Warrant List: http://www.ci.austin.tx.us/police/warrants/warrantsearch.cfm

City of Fort Worth Warrants Online: http://www.fortworthgov.org/applications/warrantsonline/

Outstanding  Warrants: Texas Government Code § 404.058

Texas Law Enforcement Agencies and Courts – Call for a Texas Warrant Search

 

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Public Intoxication


Man passed out from drinking.Public Intoxication is a Class C misdemeanor, the same as a general traffic ticket, and punishable by a fine up to $500 with the possibility of jail time up to 12 hours. Some may consider a Public Intoxication charge a minor offense since it is only a Class C misdemeanor but having this on your record could very likely affect your future by hindering job or education opportunities.

According to Texas Penal Code § 49.02, if a person appears in a public place while intoxicated to the degree that he may endanger himself or another person he is guilty of Public Intoxication. Intoxication means that a person lacks the normal use of mental or physical abilities because of the presence of alcohol, a drug (prescription, controlled, or even over-the-counter), a combination of substances, or any other substance in the body.

A public place means any place to which the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartments, office buildings, transport facilities, and shops. A person could be charged with Public Intoxication in a bar or even riding as a passenger in a car. At the time of the offense, the officer could merely issue a citation and release the individual to the care of an adult but an officer may arrest the person and have them remain in jail for up to 12 hours.

If a minor (under the age of 21) is arrested for Public Intoxication, the consequences do not stop with a mere fine. A minor’s license may be suspended for 30 days. A minor’s second offense can result in a suspension of 60 days and a third can result of 180 days.

Being arrested for Public Intoxication can be both a humiliating and traumatic experience but if you find yourself in that position, make sure you find an attorney that you can trust to do everything possible to help fight for you and win your case. There are good criminal defense attorneys serving Williamson, Travis, Hays, Collin,
Dallas, and Tarrant Counties that can assist you with your legal needs.

If you have any questions about what constitutes public intoxication or have been charged with any other alcohol related offense, feel free to leave a comment or visit us on Facebook and fill out a free case evaluation form with no obligation.

 

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UCW or Possession of Prohibited Weapon


brass knuckles
Image via Wikipedia

Although Texas is considered a gun friendly state, it is unlawful to possess or carry many types of weapons in the Lone Star State. The laws concerning carrying a weapon can often be confusing and puzzling. This article is to help clarify those laws by explaining what it means to be charged with possession of a prohibited weapon or unlawfully carrying a weapon as we frequently handle these types of cases in Williamson, Travis, Hays, Collin, Tarrant, and Dallas Counties. Under Texas Penal Code § 46.02, it is a Class A misdemeanor for someone to intentionally, knowingly, or recklessly carry on or about his person a handgun, illegal knife or a club.

Examples of illegal knives and clubs include:

  • a single-edged knife with a blade length in excess of 5 ½ inches
  • a double-edged knife, a sword, or a spear
  • a club or anything made or adapted to strike someone and cause serious injury.

A weapon must be found on or about your person in order for you to be charged with Unlawfully Carrying a Weapon. The weapon must be within your reach without physically having to change your position. What this means is that you cannot be charged if a weapon was simply found somewhere in your vehicle, such as your trunk, if you are sitting in or driving your car. This only applies to weapons that are legal to carry in Texas. On the other hand, some weapons are illegal to own or have in your possession at all.

Some weapons that are illegal to own in Texas are:

  • switchblade knives (including butterfly knives),
  • brass knuckles
  • sawed-off firearms
  • short-barreled firearms,
  • explosive devices and
  • machine guns

If you are arrested for unlawfully carrying a weapon or possession of a prohibited weapon, your weapon will most likely be taken from you and placed into evidence. If your case is dismissed or you are acquitted of the charge, it is possible to get your weapon back. As long as the weapon is not illegal, the judge may order the return of the weapon to you once it is released from evidence. However, depending on the outcome of the case it is also possible that the judge may order that the weapon be destroyed.

Possible punishments for unlawfully carrying of a weapon or being found in possession of a prohibited weapon include:

  • up to one year in county jail
  • a fine of up to $4,000
  • and possibly two years of post-conviction community supervision or
  • deferred adjudication with the requirement to complete up to 200 community service hours

If the charge is unlawfully carrying a weapon in a weapon-free zone, the offense is treated as a state-jail felony. If the offense is committed on any premise that is licensed or issued a permit for the sale of alcoholic beverages, the offense is then considered a third degree felony.

It is always under unfortunate circumstances that people must contact a criminal defense attorney but if you find yourself in that position, make sure you find an attorney that you can trust to do everything possible to help fight for you and win your case. If you have any questions about what constitutes Unlawfully Carrying a Weapon or have been charged with Possession of a Prohibited Weapon, feel free to leave a comment or visit us on Facebook and fill out a free case evaluation form with no obligation.

 

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