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Recent Blog Posts
What To Do About False Domestic Violence Allegations
False allegations can create a devastating impact on anyone’s life. Being falsely accused of domestic violence can quickly turn your life upside down in ways you may not imagine. Everything you have worked hard to achieve and the relationships you have made along the way can immediately begin to crumble beyond repair. So, what can be done about the false allegations being made against you? Though it can feel overwhelming, securing yourself an attorney can be your best bet in defending yourself against the allegations.
The Sad Reality of False Domestic Violence Allegations
Even proof of innocence may not be able to put the pieces of your life back together after being falsely accused of domestic violence. Regardless of a revenge plot of a jilted lover or a frame job just for public attention, a domestic violence allegation can be challenging to rebuild after the charges have been proven false. But there is still hope. These claims are pretty common, and as such, there are things to look for and ways in which to defend yourself from false allegations.
When Assault Becomes a Felony in Texas
Assault accusations are serious in the state of Texas. Simple assault is usually just a misdemeanor but can quickly become a felony, depending on the circumstances. Understanding how and why you receive a felony assault charge can go a long way in figuring out how to defend yourself. A skilled attorney with experience in assault charge defenses is a great first step toward getting the help you need.
What is Assault?
Simple assault is a misdemeanor offense that occurs when an individual intentionally, knowingly, or recklessly commits bodily harm or injury to another individual, which includes their spouse. Additional assault is outlined as “intentionally or knowingly threatening bodily injury or doing so to provoke or offend.” A simple assault charge will normally be categorized as a Class C misdemeanor.
What is Required to Prove Sexual Assault?
Sexual assault accusations can carry with them many future complications for the accused. Even without evidence, a simple accusation can mar a person’s reputation for life. In Texas, the burden of proof falls on the prosecution to prove beyond a reasonable doubt that the accused committed the act. A good criminal defense attorney with experience in sex crimes can provide the defense you would need to fight the charges.
The Meaning of Consent in Texas
Any sexual acts committed in the state of Texas require the consent of both parties involved. Consent is the approval or agreement to commit a sexual act or acts. Without consent, what would normally be considered an acceptable act may now be considered a crime. Being able to distinguish between apparent consent and a lack of consent is important for avoiding legal trouble altogether.
What is the Difference Between Assault and Battery in Texas?
Assault and battery are two closely related crimes, but there is a difference between them. Assault only requires the threat of violence, while battery, or aggravated assault, requires intentional and seriously harmful physical contact.
In Texas, assault is defined as "intentionally, knowingly, or recklessly threatening or causing bodily harm." Aggravated assault adds to this definition through “serious bodily injury and use or exhibit of a deadly weapon."
Regardless of whether you have been charged with assault, aggravated assault, or both, it is important to speak to an attorney. They can help you understand the charges, mount a defense, and protect your rights under the law.
What are the Penalties for Assault and Battery?
Penalties for assault will vary depending on the circumstances. For a simple assault, the general punishment is no more than a year in jail and a fine of up to $4,000. However, in some cases, a simple assault can be bumped up to a third-degree felony which can result in two to ten years in prison and a fine of up to $10,000.
A DWI Can Impact Your Insurance Rates
Getting charged with Driving While Intoxicated (DWI) can have far-reaching consequences on various aspects of your life, including your insurance rates. DWI offenses are serious offenses that indicate high-risk behavior, and insurance companies take these violations very seriously. If you are convicted of a DWI, you can expect significant changes in your auto insurance premiums.
How Does a DWI Affect Insurance Rates?
One of the immediate and most noticeable effects of a DWI conviction is the surge in your auto insurance premiums. Insurance providers view DWI offenders as high-risk drivers, and they adjust the rates accordingly. Expect a substantial increase in your premiums, sometimes even doubling or tripling your previous rates.
In the state of Texas, a DWI conviction may lead to an SR-22 requirement which can further elevate your insurance costs. An SR-22 is a certificate of financial responsibility that you must file with your insurance company. This document verifies that you carry the minimum liability insurance required.
What Are My Rights as a Defendant Under the Sixth Amendment?
The Sixth Amendment gives you legal rights as a defendant once you are in the criminal justice system. These are protections that govern both the timing of the trial and what you can do to defend yourself from the charges. If the prosecution violates these rights, it could mean that you could successfully challenge any conviction on appeal. Here are some of your major rights according to the Sixth Amendment.
The Right to a Speedy Trial
In general, the accused has the right to a “speedy” trial. The Constitution does not give an exact timeframe for what is considered speedy, but appellate courts usually consider:
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The length of the delay for a trial
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The reasons for the delay
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Whether the accused demanded a speedy trial
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Whether there was any prejudice to the accused
DWI Checkpoints in Texas: What You Need to Know to Protect Your Rights?
Driving While Intoxicated (DWI) checkpoints are an enforcement tool used by law enforcement agencies in Texas to identify and apprehend drivers who may be operating a vehicle under the influence of alcohol or drugs. While these checkpoints ensure public safety, it is crucial for individuals to be aware of their rights and how to protect them when encountering such checkpoints.
In this blog post, we will provide essential information about DWI checkpoints in Texas, empowering you to navigate these situations while safeguarding your rights.
Understanding the Legality of DWI Checkpoints
Under Texas law, DWI checkpoints are considered legal, provided they adhere to specific guidelines set forth by the Supreme Court. These guidelines require law enforcement agencies to conduct checkpoints in a standardized and non-discriminatory manner.
Determining the Constitutionality of DWI Checkpoints
Are Field Sobriety Tests Always Accurate?
When a driver is pulled over by police on suspicion of driving under the influence, there are certain steps the officer will take in order to make that determination. One of the tools that law enforcement will use is requesting that the driver submit to field sobriety tests. This is especially true if there is no odor of alcohol, open container, or any other obvious signs that the driver had been drinking. If the driver submits to these tests and fails (in the officer’s opinion), the officer now has grounds to demand the driver submit to a breathalyzer test.
The following is a brief overview of those tests. If you have been charged with drunk driving, make sure you contact a DWI defense attorney right away.
Walk and Turn
For the walk and turn test, the driver is asked to take nine steps, heel to toe, in a straight line, with their arms to the side, then turn around and take nine steps back. The officer will look for specific clues that suggest the driver is impaired, such as stumbling, swaying, or losing balance.
Two Proposed Texas Bills Could Bring About Harsh Consequences for Defendants
Two different pending new laws in Texas could significantly impact the process and the outcome of the criminal justice process for defendants charged with certain crimes in the state. One bill addresses who courts can deny bail to and the other bill would institute mandatory sentences.
SJR 44 – No Bail for People Accused of Violent or Sexual Offenses
SJR 44 would create a constitutional amendment that would deny bail for any defendant who was charged with a violent or sexual offense, under certain circumstances. The amendment would also apply to anyone charged with continuous human trafficking. To deny bail, a judge would be required to provide “clear and convincing” evidence that the defendant poses a serious risk to the community and that denying bail is the only way to ensure public safety. Bail could also be denied if there is evidence that the defendant is a flight risk.
Some of these charges could include:
What Is the No-Refusal Policy Under Texas DWI Law?
In April 2021, the Texas Department of Public Safety (DPS) announced a no-refusal policy for DWI tests during the annual Poteet Strawberry Festival in Atascosa County. Under the policy, no one arrested on suspicion of DWI that weekend could legally refuse a breathalyzer or blood alcohol test. If any drivers did refuse, police obtained immediate search warrants from an on-call judge that would allow them to conduct those tests.
Since that weekend in April, the state and many municipalities have continued this policy, announcing multiple no-refusal weekends throughout 2021 and 2022. Recently, with spring break for college students just around the corner, comes word from some cities and towns that the policies will continue in 2023.
Implied Consent
Every state has an “implied consent” law, including Texas. Under this law, when a person is issued a driver’s license, they agree that they will consent to any chemical testing for alcohol or drugs when that request is made by law enforcement. These requests are typically made when an officer believes a driver is operating their vehicle while intoxicated.
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From our office in Weatherford, we represent clients in communities throughout Parker County, Wise County, Jack County, Eastland County, Johnson County, and Hood County, including Willow Park, Hudson Oaks, Springtown, Mineral Wells, Briar, Azle, Decatur, Bridgeport, Jacksboro, Cleburne, Keene, Joshua, Burleson, Alvarado, Granbury, Oak Trail Shores, DeCordova, Pecan Plantation, Eastland, Cisco, and Ranger.
Results listed are not a guarantee or indication of future case results.
