Criminal Law

DWI, Drugs, Assault, Probation Revocation, Sexual Offenses, Theft, Juvenile Defense. Felony and Misdemeanor Offenses in State and Federal Court

DWI

Driving While Intoxicated, DWI and Your Drivers License Forney, Texas DWI Defense Lawyer.

Juvenile Law

Sexual Offenses, Drug Offenses, Assault and Violent Crimes, Theft, Truancy/School Related Criminal Charges.

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-

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

It’s a slow time of the year at the courthouse, and productivity may only decrease this week as Christmas approaches. That might explain why this week’s indictment list is so short. Or maybe we caught all the criminals and there is no one left to prosecute? Either way, here is this week’s indictment list from the 86th District Court. It’s only 12 cases, with an equal number of Aggravated Assaults as dope cases (4 of each).

If you are on the list you should hire a lawyer immediately. 12/19/16 Grand Jury Indictment List

So you’ve got a ticket case in Rockwall and you want to take care of it. No one really has time to spend fighting a ticket case, so many people who get a citation just pay the ticket. Let me tell you why that’s not a great legal strategy.

Paying a ticket means being convicted. Now if your case is in Rockwall Muni court, then it is a class C misdemeanor. The most commonly litigated class C misdemeanors are traffic tickets. If you have a CDL, you don’t want any convictions. It really screws up your ability to CDL. If you have a regular license to convictions can screw up your license and insurance. If you just pay the ticket, guess what? You just got convicted.

There are also common non-traffic cases heard in Rockwall Municipal Court like

If you are on this list that means a grand jury has indicted you and you need a lawyer NOW. Being indicted doesn’t mean you are guilty. It’s easy to indict people it Texas, but it does mean the State is serious about making you a felon and sending you to prison. So hire a lawyer ASAP.

Odyssey-JobOutput-November 29, 2016 14-27-16-261178-2

Source: Expedited family violence court promises swifter justice for victims, defendants | Courts | Dallas News

A Dallas judge is looking to move assault-family violence (AFV) cases to trial faster. Moving cases faster is always a popular idea, the public loves it, it sounds good and is a common refrain from judicial candidates (“this court is backlogged, I’ll fix it!).

I used to prosecute family violence cases, and I’ve defended them for over a decade now. The truth is that many family violence arrests are for situations that aren’t going to result in a guilty verdict. The police arrive and both parties say the other started the fight, both have similar injuries. The police have to make an arrest, so they usually arrest the guy on weak evidence, and the lawyers get to sort it out on the back end.

Being investigated or arrested for a criminal offense is stressful and produces a great deal of anxiety. Every defendant or suspect wants their case finished post haste, but they also have a competing goal, which is to get the best result in their case (who doesn’t want a dismissal right?). It can take weeks or months or even years (looking at you Van Zandt County) for a criminal case to be filed (from the date of offense).

Often there will be some inexplicable delay in the case. For example, a detective could sit on a case and not forward it to the DA’s office, the DA’s office could lose the file in intake, or the forensics may take forever to get back from DPS. Those things are all great for the defense. Why? A few reasons.

Memories fade

I used to take court appointments, and my first job out of law school was as a public defender. I’ve seen court appointed lawyers do amazing work and I’ve seen lawyers who dabble in criminal defense by getting on the wheel completely fuck up their client’s life. Lawyers are expensive, good lawyers more so, great lawyers with local experience most of all. Most people don’t save money for a criminal defense lawyer. That would be weird unless you are a legit drug dealer in which case that’s just a smart business move.

Lawyers are expensive, good lawyers more so, great experienced lawyers most of all. Most people don’t save money for a criminal defense lawyer. That would be weird unless you are a legit drug dealer in which case that’s just a smart business move. So when you get arrested in Texas, you are looking at the real possibility of shelling out thousands for a quality defense. If you don’t have that kind of cash lying around, applying for a court-appointed lawyer is your best move.

Ok, so now you’ve got a court appointed lawyer and you don’t know if you should stay with them or not? What to do?

Happy Thanksgiving! Texans love eating turkeys, but we also love shooting them. If you are going to hunt turkeys in Texas you should take the time to read the Texas Parks and Wildlife Code, because you can get in some trouble if you don’t know what you are doing.

Fortunately most wildlife-related crimes are class C misdemeanors, a few more are class A. To get to the state jail felony level you need to have already been convicted of these things once, and then do them and get caught again.

So whatever you do with your turkey today, don’t do these things, they are class A misdemeanors, but if you get caught twice they can be a felony.

Everybody wants out of jail for the holidays, and the days before Thanksgiving and Xmas see a surge in jail chain activity. I was inspired for a few minutes, but couldn’t finish this, the original poem is really long and there is a lot of ground to cover. But I’ll leave it here and get back to vacationing.

Twas the day before Thanksgiving and all through the jail,

Every inmate was stirring,

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