Recent Blog Posts
Can Parents Face Criminal Charges When Children Suffer Injuries?
Parents are required to protect and care for their children. However, accidents can happen in any household, and in some cases, parents may be worried that they could face criminal charges when their children suffer injuries. There are some situations where a parent may be charged with the offense of injury to a child, and it is important for parents to understand the circumstances that could lead to these charges and the penalties of a conviction. Contacting an attorney to defend yourself against these charges is a wise decision to ensure you can pursue a favorable case outcome.
Child Neglect and Abuse
In cases where a child's injury may have occurred because of neglect or abuse, a parent may face criminal charges. Child neglect may occur in situations where a parent or caregiver fails to provide the proper supervision, nutrition, healthcare, education, or protection for a child. Child abuse, on the other hand, involves intentional harm to a child through physical violence, emotional abuse, or sexual assault.
What Are the Penalties for Prostitution or Solicitation in Texas?
In the state of Texas, engaging in prostitution is a criminal offense, and people who hire prostitutes may also face criminal charges. If you have been arrested for offenses related to prostitution, it is crucial to understand the potential penalties you may face and your options for defense.
The Definition of Prostitution and Solicitation
Under Texas law, prostitution refers to the act of offering or agreeing to engage in sexual conduct with another person for compensation. Solicitation, on the other hand, involves offering or agreeing to pay someone for engaging in sexual conduct. “Sexual conduct” may include sexual intercourse or other forms of sexual contact. While prostitution may be charged as a Class B misdemeanor, solicitation of prostitution may result in state jail felony charges.
5 Possible Defenses Against White Collar Crime Charges in Texas
White collar crimes are serious offenses, and they can have severe legal consequences for those accused or convicted of these charges. If you have been charged with a white collar crime in Texas, you have the right to defend yourself, and you should be treated as if you are innocent until you are proven guilty in a court of law. The key to mounting a successful defense is enlisting the help of an experienced criminal defense attorney who has experience representing clients who have been charged with white collar crimes. Here are some possible defenses that may be available to you as you address criminal charges:
1. Lack of Intent
To prove that a person is guilty of a white-collar offense such as fraud or embezzlement, the prosecution must demonstrate that the defendant had the intention to commit the crime knowingly and willfully. That is, the defendant must have intended to wrongfully deprive someone else of their money or property. If your attorney can show that there was no intent on your part to engage in illegal activity or commit fraud, this can weaken the prosecution's case against you, and the charges could potentially be dismissed.
Understanding the Role of Intent in Criminal Cases in Texas
When a person is charged with a criminal offense in Texas, intent will often play a crucial role in determining the outcome of a case. Intent refers to the mental state or purpose behind an individual's actions. It is an essential element that the prosecution must prove beyond a reasonable doubt in order to secure a conviction. Understanding the role of intent is vital for defendants.
Types of Intent
In Texas, there are several different types of intent that can be relevant in criminal cases:
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General intent
This refers to the intent to commit a particular act, without the need to prove a specific outcome or result. For example, if someone intentionally strikes another person, causing harm, they can be charged with assault, even if they did not intend to cause serious injury.
When Can a Person Face Embezzlement Charges in Texas?
Embezzlement is a serious crime that involves the misappropriation of funds or other property entrusted to someone's care. In Texas, embezzlement is a white collar crime that is a form of theft, and depending on the circumstances of a case, it may be treated as a misdemeanor or felony offense. If convicted, individuals may face severe penalties, including imprisonment and hefty fines. People accused of this offense will need to be sure to understand the elements of embezzlement and the circumstances under which a person can be charged with this crime in Texas.
What Is Embezzlement?
While embezzlement is not a formal offense that is defined in Texas law, it is a form of theft that may result in criminal charges. Embezzlement occurs when a person who has been entrusted with someone else's property or funds intentionally misappropriates or converts them for personal gain. This crime typically involves a breach of trust, as the individual accused of embezzlement had usually been granted authority or responsibility over the assets they are accused of stealing.
Are Texas DWI Charges More Serious if a Child Was a Passenger?
Drunk driving can be very dangerous, and when drivers are under the influence of alcohol or drugs, they are more likely to cause accidents that may result in serious injuries and extensive property damage. Because of these dangers, the laws prohibiting intoxicated driving are strictly enforced. Driving while intoxicated (DWI) is a serious offense in Texas, with severe consequences for those who are convicted. However, if a child is present as a passenger in a vehicle operated by an intoxicated driver, the charges and penalties can become even more severe. People who have been arrested for drunk driving will need to understand the legal implications of Texas DWI charges involving a child passenger.
Child Endangerment Laws in Texas
Texas has specific laws in place to protect children from being exposed to dangerous situations, including cases where a child is in a vehicle operated by an intoxicated driver. According to Texas Penal Code Section 49.045, a person can be charged with the offense of Driving While Intoxicated With Child Passenger if they were operating a vehicle while under the influence of an intoxicating substance, and there was a child under the age of 15 in the vehicle at the time of the offense.
What Are the Penalties for Child Molestation in Texas?
Child molestation is a serious offense that is met with severe penalties in the state of Texas. Child molestation is also known as child sex abuse, and it generally refers to any sexual act or sexual contact with a child under the age of 17. In order to protect the well-being of children, the Texas legal system imposes strict punishments on individuals found guilty of child molestation.
What Constitutes Child Molestation in Texas?
In Texas, child molestation is covered under various criminal statutes, including those related to child sexual assault, indecency with a child, and continuous sexual abuse of a young child or children. These statutes define specific acts that are considered child molestation, such as:
The Difference Between Burglary and Criminal Trespass
Burglary and criminal trespass are two closely related - but distinct - crimes. Of the two, burglary is considered quite a bit more serious. Burglary is a felony, while criminal trespass can be charged as a misdemeanor. Both crimes involve unlawfully entering another party’s property in some way, but there are a few key differences. If you are facing either charge, it is important that you understand the seriousness of the situation. You could face jail time for either offense. If you are charged with burglary, you face more than a year in prison. The maximum sentence for burglary is 20 years. Criminal trespass carries less than a year in jail in most cases, but probation is a possibility. With either charge, it is essential to find a good criminal defense lawyer. The Crowder Law Firm, P.C. is highly experienced in helping those charged with burglary, trespass, and other property crimes.
3 Examples of Assault Under Texas Laws
There are a variety of situations in which a person may be charged with the offense of assault. While most people think of assault as actions in which someone intentionally injures someone else, there are a variety of other types of actions that could also be considered assault. In Texas, assault is a serious criminal charge that can result in multiple types of penalties if a person is convicted. By understanding how the state's laws address this offense, and by working with an experienced criminal defense attorney, those who are accused of assault can determine their options for handling these charges.
Definition of Assault in Texas
Texas law identifies three forms of assault:
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Intentionally causing someone to suffer a bodily injury. For example, if someone has encountered ongoing conflicts with another person, sees them walking down the street, approaches them from behind, and attacks them with punches and kicks, resulting in cuts, bruises, and other forms of bodily harm, this would likely be considered assault resulting in bodily injuries. This form of assault is charged as a Class A misdemeanor in most cases. If a person is convicted of Class A misdemeanor assault, they could be sentenced to up to one year in jail and fined up to $4,000.
Can Minors Face Criminal Charges for “Sexting” in Texas?
In a digital age where people use smartphones and other electronic devices constantly, "sexting" has become more common. People may exchange sexually explicit messages, photographs, videos, and other material through text messages, email, or social media. However, when minors engage in these activities, they could potentially face criminal charges, and if explicit photos or videos are sent to multiple people, this could even result in accusations related to the possession or distribution of child pornography. By understanding the legal consequences of sexting, parents and children can address concerns about these issues and determine what steps can be taken to address any accusations of criminal offenses.
Laws Addressing the Transmission of Visual Material Depicting Minors
In some cases, teenagers may make the mistake of sending sexually explicit messages and images of themselves or others without being fully aware of the consequences. These actions may start out as consensual activities between couples who are dating, but images or videos may be shared with others, and they could potentially be used to bully, harass, or threaten a child who is depicted. To address this issue and prevent explicit materials from being used inappropriately, Texas law has outlined situations where these actions may be considered crimes.