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What’s The Big Deal, Isn’t A Crime A Crime?  Not all crimes are created equal.  Not only are they punished differently, some expose you to a fine, some to either a fine or time in the county jail, or both, while others require a fine, prison, or both, they also carry different “collateral” consequences.  In...

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Assault.  That single word receives a lot of attention week in and week out, not just by law enforcement, lawyers, and judges, but with ever increasing frequency, in the sports world.   Texas criminal courts – be mindful that the definition used in civil cases is a bit different – defines assault as the intentional or...

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Unlike Assault Impeding Breath or Circulation – Family Violence, Assault Causing Bodily Injury – Family Violence is usually classified as a Class A Misdemeanor. I say usually because if you were previously convicted of Assault Causing Bodily Injury – Family Violence, even if that conviction was twenty years ago, a second offense is considered a...

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Texas does not use the terms “Domestic Violence” or “Domestic Assault” in the Penal Code, or in the Code of Criminal Procedure.  Rather, Texas relies upon its normal definitions of assault, and then adds the language “Family Violence” if there are some additional factors, such as a present or past dating relationship, marital relationship, or...

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Elderly Assault

Injury cases where the “victim” is a child, elderly individual, or a disabled individual are treated a bit differently than simple assault cases.  There are a number of subtle nuances which impact the severity of the allegation, and provide possible defenses, of an elderly assault case.  Obviously, reasonable discipline is not going to be prosecuted;...

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Marijuana Or Hemp?

Last legislative session, the Texas legislature decided to follow federal law and say that hemp is legal, provided it has less than 0.3% of TCH by dry weight. The problem is this definition fails to completely understand the chemistry involved, and it ignores the federal regulations that call for taking into consideration the range of...

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The everyday routines we enjoyed are changing on a daily basis. Businesses are closed, or working reduced hours, large gatherings are prohibited, various governmental offices are operating at reduced hours or availability, and even law enforcement is taking a different approach in responding to calls if it responds at all. Notwithstanding all of this change,...

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COVID-19 Update

As we know, the current situation involving COVID-19 and its’ impact on our lives changes on a moment-by-moment basis. Earlier today (March 24, 2020), Judge Bill Gravell issued a Stay Home Stay Safe Order mandating that individuals stay home except for essential business activity, or essential governmental services, effective beginning at 11:59 p.m. on March...

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