In a recent criminal case before an appeals court in Texas, the State appealed a previous ruling in the defendant’s favor regarding his conviction for tampering. Originally, the defendant was charged with tampering in 2017, and he was ultimately found guilty as charged. The defendant appealed, and the court of…
In the state of Texas, understanding the difference between a felony and a misdemeanor is crucial when it comes to the legal system. Criminal offenses are categorized into these two broad classifications, each carrying its own set of implications and consequences. By delving into the basics of criminal offenses and…
What is burglary of a habitation in Texas? Burglary of a habitation is a 2nd-degree (2-20 TDC) felony in Texas. The law forbids entering a “habitation” without permission from the owner and then attempting or committing theft. See TEX. PENAL CODE § 30.02(a). What is a habitation? “Habitation” means “a…
The internet age has brought about new ways for humans to treat each other poorly. Anyone who has dared to post a comment online has probably been insulted, called terrible things, or otherwise tormented. Before the cell phone, you had to actually see a person or call their landline to…
Can a Roofing Contractor be Charged with Theft? After every hail storm of tornado roofing contractors will defend on neighborhoods looking for repair work. Most contracts are honest and upright and do a great job. However, sometimes a roofing contractor is hired, paid, but then fails to fix your roof…
What is a stacked sentence? Good question. A stacked sentence is one in which two sentences are to be served consecutively or one after another. So if Bob has two cases for possession, and gets 5 years TDC in each case, then a stacked sentence would require him to serve…
What is assault causing bodily injury in Texas? A person commits assault if he intentionally, knowingly, or recklessly causes bodily injury to another person. TEX. PENAL CODE ANN. § 22.01(a)(1). “Bodily injury” is broadly defined as “physical pain, illness, or any impairment of physical condition.” Id. § 1.07(a)(8). Any physical…
One of the first questions we ask our criminal consults is: Have you ever been arrested before? We do this not to embarrass you or make you feel bad, but to make sure we know what could possibly happen with your case. There is a chance that, based on your…
So your license to drive is suspended but you are still driving? That happens a lot in Texas. We’ve designed our State in a way that driving is required to function. You can’t walk to work in most areas, and public transportation is not something Texas has invested in. So…
Deadly Conduct should be a simple charge to understand right? Was there conduct? Was it deadly? Ok, then that’s “Deadly Conduct.” But like anything in law we make the simple complicated so guys like me can wear a suit and argue in court. What is Deadly Conduct in Texas? Two ways…