In Texas, what begins as a misdemeanor assault investigation can escalate quickly into a serious felony charge based on specific statutory factors. Understanding where that threshold lies under Texas Penal Code section 22.01 matters for anyone evaluating their legal...
criminal defense
Can everyday items lead to paraphernalia charges in Texas?
A plastic bag, a small spoon or a glass pipe may seem harmless on their own. Texas law enforcement may treat these items as potential drug paraphernalia when circumstances suggest they were used to consume, store or distribute controlled substances. Whether an item...
Can you face assault charges if you did not punch first?
In Texas, you can face assault charges even if you did not throw the first punch. The law recognizes the right to defend yourself, but that right has strict limits. Prosecutors may still pursue charges when they believe the force used exceeded what the situation...
Can shoplifting lead to conviction without clear intent?
Leaving a store is not required for a shoplifting conviction in Texas, but proof of intent is. Under Texas law, the prosecution must prove that the accused intended to deprive the owner of the merchandise. Without that proof, a conviction can be hard to sustain. A...
Can you bring legal marijuana into Texas?
Marijuana laws have changed over the years, which has somewhat complicated things. A few decades ago, marijuana was illegal on a federal level and on a state level, all across the country. Before medical marijuana programs, there was no way to get legal marijuana, and...
What aggravating factors can worsen Texas assault charges?
Assault charges may follow threatening or violent behavior. Under Texas state statutes, people can sometimes face assault charges even if no actual injuries resulted from an altercation with another person. Simple assault is typically a Class C misdemeanor offense,...
The Insanity Defense vs. Competency to Stand Trial: A Primer
This seems to be in the news a lot right now, so here is a quick guide to the difference between insanity and competency under Texas law. Very simply put, a defendant is “incompetent” when he is not capable of understanding the legal system or assisting in his own...
Facing criminal charges? Stay calm, stay focused
Facing criminal charges is an inherently overwhelming situation. As a result, people generally experience panic, fear and uncertainty after an arrest or learning that they are under investigation. Concerns about jail time, employment, family relationships and personal...
What should I do if my child gets arrested while at college?
The phone call every parent dreads often starts the same way: “Something happened, and I got arrested.” In that moment, it is natural to focus on the criminal charge —what it means, what happens next and how to protect your child. But for college students, an arrest...
Texas drug-free zones: Understanding enhanced penalties
The consequences of a drug possession charge in Texas can increase sharply if your alleged offense occurs in a designated drug-free zone. While prosecutors must still prove the required intent for the underlying drug charge, the location can trigger additional...
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