Posted on July 22, 2019 in Criminal Defense

We have all heard the funny story about taking a candy bar off the shelf as a child without your mother realizing it until after you left the store. While that may be an innocent act as a young child, theft is taken very seriously in the state of Texas. The penalties depend on the price of the item taken as well as the number of offenses the alleged thief has on his or her record. Theft charges are pretty straightforward: if you take something without paying, you have committed theft. What many people do not know is that you do not have to physically steal in order to find yourself facing theft charges in Texas.  

What Is Receipt of Stolen Property?

The Texas Penal Code describes theft in detail, part of which includes “receipt of stolen property.” According to the law, receiving or concealing stolen items is also considered theft. In other words, you did not have to physically steal an item to be charged. As long as it is in your possession, you may face criminal convictions for theft. In order to enforce this rule, the following guidelines must all be proven to be found guilty of receipt of stolen property: 

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 Posted on July 15, 2019 in Criminal Defense

Prostitution is illegal throughout most of the United States, including the state of Texas. However, what many people may not realize is that both prostitutes and those who hire them may face harsh criminal consequences. There are a number of criminal penalties tied to prostitution, and being charged with this type of crime can not only result in a criminal conviction, but it can also affect a person's reputation, career, and personal relationships.

What Is Prostitution?

The Texas Penal Code defines prostitution and other acts of public indecency. A person may be charged with prostitution if they knowingly offer to receive payment or agree to receive money from another individual in return for engaging in sexual conduct. In addition, a person who offers to pay or agrees to pay a person for the purpose of engaging in sexual acts may be charged with prostitution. The offense is a Class B misdemeanor unless the offender has been convicted of a prior crime involving prostitution. Those found guilty of a Class B misdemeanor face up to $2,000 in fines and/or up to 180 days in jail. 

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 Posted on July 05, 2019 in Criminal Defense

The right to bear arms has been a hot topic for years. This is a direct result of mass shootings that have taken place across the country. While many people advocate for the banning of firearms, the Second Amendment protects American citizens’ right to keep and bear arms. The state of Texas has strict gun laws to mitigate the number of gun-related crimes while still allowing its citizens to own a gun if they meet the requirements.

Texas Laws Explained

Texas is a “shall-issue” state. This means that as long as applicants pass the basic state law requirements, the issuing authority cannot deny applicants a permit if they would like one. Texas is not alone. 41 of the 50 U.S. states are classified as shall-issue. Those who would like to "open carry" are required to obtain a Texas License to Carry (LTC) or a concealed carry license/permit from a state with reciprocity. The same licenses/permits are required to legally carry a concealed gun; however, additional training and exams must also be completed. Both open carry and concealed carry require an individual to be 21 years old, or 18 years old if they are a member of the military.

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 Posted on June 20, 2019 in Criminal Defense

Today’s children have access to an overwhelming amount of technology and electronic devices. They do not know a world without smartphones, computers, or tablets. Teenagers, as well as young children, spend hours online playing games or browsing websites, videos, and social media pages. Easy access to the Web can make children vulnerable to online predators and consequently, may become victims of Internet sex crimes such as child pornography. Any crime against a child is taken seriously in the state of Texas, and it is important to know the legal consequences if you are accused of such crimes.

Types of Internet Sex Crimes

The Internet is one of the most convenient and useful technology tools available today. People of all ages use it to find information on a variety of subjects. However, sometimes the Internet can entice users to participate in immoral and illegal activities. Sex crimes have become more common with the advent of the Internet and online chat rooms, but in some cases, a person can be falsely accused of such a crime. It is important to understand what constitutes an Internet sex crime against a minor in case you face these types of allegations.  

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 Posted on March 07, 2019 in Criminal Defense

Every parent dreads getting the call from law enforcement saying their child has been arrested and charged with a crime. However, sadly these things can happen and it’s important to be prepared and know what to expect if it does. Making a rash decision could have a negative impact on your child’s case, so to help you make a good decision, here is some basic juvenile crime information you need to know.

Juvenile Court Eligibility

Depending on the nature of your child’s charges and their age, their case could and most likely will be heard in juvenile court. Those who are aged 17 and below and facing misdemeanor charges almost exclusively have their cases heard in juvenile court. This is the case for most common juvenile crimes, which include simple assault, shoplifting, drug abuse, disorderly conduct, and curfew violations.

That being said, serious crimes, such as violent felonies, can be sent to general court to be heard. However, your child and their attorney will be given the opportunity to petition to have it moved back to juvenile court before the proceedings begin. For this reason, it’s important to start consulting with a McKinney criminal defense lawyer as soon as possible when your child is arrested.

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 Posted on March 07, 2019 in Federal Crimes

In the United States, there are two kinds of laws – state laws and federal laws. As a result, there are state-level crimes and federal crimes. There are also state courts and federal courts. When someone violates a state law, the case will be handled by a state court and when a federal law is violated, it will be handled in federal court.

Sometimes a crime violates both state and federal law. In this case, the defendant can be tried in state court or federal court. Often, it comes down to the magnitude of the crime and what the state and federal prosecutors decide.

State laws are passed by state legislators, whereas federal laws are passed by Congress. States establish state criminal courts in cities and counties to prosecute violations of state law. In contrast, the federal courts are established under the U.S. Constitution and instead of deciding on state-level offenses, they strictly handle federal prosecutions involving violations of laws contained in the Constitution and passed by Congress.

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 Posted on March 07, 2019 in Criminal Defense

“Assault and battery” is a phrase most people have heard, whether on the news or on a procedural TV show. However, this phrase often doesn’t refer to a single charge. Assault and battery are two different crimes often prosecuted together because of their similar natures. In Texas, the elements of a case against a defendant for assault and battery are the same, though there are many different classifications for different degrees of the offense.

For example, assault on its own is defined as intentionally, knowingly, or recklessly threatening to cause bodily injury to another person. However, following through on that threat is considered “battery.” In Texas, a charge of assault (and battery) includes causing bodily injury to another person, threatening another person with bodily injury, or causing physical contact with another person against his or her consent.

The degrees of the crime depend on whether the defendant merely threatened to cause harm or actually caused damage to another individual. It’s a Class C misdemeanor if a person threatens another with bodily harm or causes physical contact in an offensive or provocative way. For example, if you threaten to beat someone up and push them to emphasize your point, you would be guilty of a Class C misdemeanor.

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 Posted on February 20, 2019 in Criminal Defense

While many of us have seen characters called “flashers” depicted humorously in movies and television, in reality, this kind of behavior may constitute an offense called indecent exposure. Under Texas Penal Code, Title 5, Chapter 21, Section 21.08, “indecent exposure” is defined as exposing your private parts to another person. The charge of indecent exposure is a sex crime in the state of Texas, and may carry penalties including jail time and steep fines.

According to the Texas Penal Code, a person may be charged with indecent exposure for showing their anus or any part of their genitals to another person if they do so with the purpose of sexually arousing themselves or another person. To convict someone of indecent exposure, a prosecutor must be able to prove that the defendant recklessly exposed themselves to another person, ignoring the reasonable assumption that the person or people present would be upset by this act.  A charge of indecent exposure may be upgraded to sexual assault or attempted rape if unwanted touching is involved.  

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 Posted on February 13, 2019 in Federal Crimes

Drug trafficking is a state and federal crime, which carries severe consequences for offenders. A charge of drug trafficking may include the manufacturing, delivery, and sale of anything deemed a “controlled substance.” Drug trafficking laws can be highly complex, depending on which controlled substances and how much of them are involved in any given case. The Drug Enforcement Administration (DEA) divides controlled substances into 5 schedules, based on the danger and effects of various drugs. As the schedules of these drugs vary, so do the penalties attached to them.