Can a prosecutor insult a defense lawyer at trial? In the Texas 5th District Court of Appeals case, Gutierrez Jr. v. Texas, the issue known as “going over the shoulder of counsel” is argued. Surprisingly, prosecutors may sometimes throw an insult or two at the defense table. At times an…
Our firm has represented numerous clients with offenses involving weapons. The most common question we receive from the clients that we represent in these situation is “can I get my gun, knife, weapon, back?” The answer is, as always, it depends. When you can’t get your weapon back. Texas Code…
What is self-defense? Texas Penal Code section 9.31 says that a person is justified in using deadly force when and to the degree the person reasonably believes the deadly force is immediately necessary – to protect themselves from another’s use or attempted use of deadly force or to prevent another…
You can be convicted of improper photography in Texas, without any photographs. Everyone has a camera these days. Even crappy cell phones usually have an 8-megapixel HDR camera on board. Your Instagram feed is full of strange photographs, and some stuff you’d rather not see. But in Texas, some photographs…
For some of us, when we hear of a person making terroristic threats we think of a person causing trouble for political or religious reasons. But, according to the Texas Penal Code, just the mere threat of violence to a person or a person’s property is enough and the purpose…
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…
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…