Criminal Law

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


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.

The criminal justice system really sucks in Texas. It’s gotten incrementally less horrible in some aspects, but the Lone Star State still views prison as the best option to solve problems. From addiction to mental health, we haven’t found an issue that we won’t try to incarcerate our way out of.

The end result of our obsession with arresting people is that many Texans have some criminal history. And having a criminal record means you are going to be treated worse in every step of the process. It starts when you get pulled over, and the police run your name through the TCIC. If your background shows a drug arrest, regardless of the outcome, they are more likely to want to search you for drugs. When your bail is set, a magistrate might consider prior criminal cases in setting your bail, and if they don’t, then the DA’s office might go back and ask for a higher bail when you get out.


I know today is a slow news day, with not much going besides the inauguration. But the criminal justice system is always creating work for itself, that’s why we have a War on Drugs after all. To that end here is the most recent Indictment List for Kaufman County.

January 19, 2017 GJ List

We have 19 dope cases out of 41 total indictments. So if you wonder why some real crime isn’t being solved in your area, it’s so we can keep busting people for less than one gram of drugs.

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.

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;-

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.

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

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