Texas Penal Code

September 19, 2019

How can the State enhance my case? Or increase the sentence?

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 prior record, your state jail felony could be bumped up from anywhere to a 3rd-degree felony to a 1st-degree felony. We call this a punishment enhancement.

When we ask about your record, it includes needing to know ANY PLACE you’ve been arrested. Including other state and other counties. It also includes ANY TIME you’ve been arrested, no matter how long ago it was. When a prosecutor receives your case, the first thing they do is have an investigator run your background. These are FBI like background checks that can find EVERYTHING. Therefore, the best advice is to be upfront immediately so we can know how to prepare for your case.

How can they do this?

August 8, 2019

Driving While License Invalid in Texas

by Robert Guest

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 people have to drive and sometimes will continue to do so after their license is suspended.

What’s the offense for driving with license invalid in Texas? That’s Texas Transportation Code Section 521.457(a)(2). It is illegal in Texas to operate a motor vehicle; on a highway; during a period that the person’s driver’s license or privilege was suspended or revoked under any Texas law.

How bad is it to commit DWLI? What’s the range of punishment?

January 20, 2017

Texas Penal Code 22.05 Deadly Conduct

by Robert Guest

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 to get there.

A It’s any conduct that places another person in danger of serious bodily injury. The conduct has to be reckless or better, so negligence won’t get there. Pointing a gun at someone counts as well.

January 12, 2017

Texas Penal Code 22.04 Injury to a Child, Elderly, or Disabled Individual

by Robert Guest

Welcome back to our ongoing series on Assault crimes in Texas. Today we are going to leave Texas Penal Code 22.01, which has many typical assault offenses and take a closer look at TPC 22.04. 22.04 deals with victims (or complaining witnesses) in 3 unique classes- children, elderly, and disabled.

Let’s start with some definitions. In Texas, a “child” for the purposes of 22.04 is anyone under 14. An “elderly” person is anyone over 65. A “disabled” individual is anyone with

-autism spectrum disorder, as defined by Section 1355.001, Insurance Code;-

January 5, 2017

Texas Penal Code 22.01(a)(1)(b)(1) Assault on a Public Servant

by Robert Guest

This is part 3 of our on-going series on Texas Penal Code Section 22.01 Assault. Today we are going to talk about way to make a regular Class A assault (bodily injury) a felony. That would be an assault against a public servant. Section (a)(1)(b)(1) defines assault on a public servant as an assault against-

a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

This requires that the defendant a) know the person is a public servant, and b) the public servant is performing is performing an official duty or (c) or in retaliation from the performance of an official duty. A third degree felony has a range of punishment of 2-10 years in TDC, and a possible $10,000 fine.

January 4, 2017

Texas Penal Code 22.01(a)(1)(b)(2)- Assault Family Violence Impeding Breath – “Choking”

by Robert Guest

Assault – Family Violence is probably the most serious misdemeanor offense in Texas. As we discussed last time when we reviewed TPC 22.01 a normal Assault is a Class A Misdemeanor, and adding a family violence allegation doesn’t change that. Family Violence Assaults are still Class A Misdemeanor, the problem is that a plea of guilty, even without a conviction carries serious consequences beyond just being on probation (employment, immigration, child custody, inter alia).

A few years ago the legislature added another enhancement to Family Violence Assault which makes the offense a 3rd degree felony (2-10 years in prison, up to $10k fine). Lawyers usually call this enhancement “choking”, but the actual language of 22.01(a)(1)(b)(2) doesn’t include the work choke anywhere.

Here is what it says-

January 3, 2017

Texas Penal Code 22.01 Assault

by Robert Guest

There are many different offenses with the word “assault” in them in Texas. Assault by Contact, Assault on a Public Servant, Sexual Assault, Assault Family Violence, Assault by Contact (Class C) etc. Section 22.01 of the Texas Penal Code covers a broad range of conduct, everything from Class C misdemeanor assaults to Second Degree Felony Assault. Let’s dive into the statute and see what’s going on here.

First up, what is an assault in Texas?

Basically, it’s causing bodily injury, threatening bodily injury, or offensive physical contact. Specifically