Texas Penal Code

October 6, 2023

Texas Court Sides with State in Case Involving Defendant’s Tampering by Concealing Evidence

In a recent criminal case before an appeals court in Texas, the State appealed a previous ruling in the defendant’s favor regarding his conviction for tampering. Originally, the defendant was charged with tampering in 2017, and he was ultimately found guilty as charged. The defendant appealed, and the court of appeals reversed the conviction. The State appealed, however, and the higher court ultimately reversed the verdict that was in favor of the defendant.

Facts of the Case

According to the opinion, an officer on the highway was on patrol in his car when he saw the defendant driving by, going 84 miles per hour in a 75-mile-per-hour zone. The officer activated his lights and began following the defendant, attempting to make a traffic stop.

As the officer followed the defendant, he noticed that the defendant threw several brown objects out of his window. One of the objects flew directly into the officer’s windshield, and the others fell to the ground.
The defendant eventually stopped his car, and the officer issued a traffic ticket. The officer then went back to look for the objects that the defendant threw from his car, finding five joints with marijuana wrapped in brown cigar paper. Officers later arrested the defendant and charged him with possession of marijuana and tampering.

September 10, 2023

What Crimes Are Considered Misdemeanors in Texas?

by Robert Guest

In the state of Texas, understanding the difference between a felony and a misdemeanor is crucial when it comes to the legal system. Criminal offenses are categorized into these two broad classifications, each carrying its own set of implications and consequences. By delving into the basics of criminal offenses and exploring the classification of felonies and misdemeanors, we can gain a deeper understanding of the legal landscape. However, when it comes to defending against felony or misdemeanor charges, it is important to have an experienced criminal defense attorney by your side.

Felonies vs. Misdemeanors

Felonies are serious crimes that typically involve physical harm to individuals or property and significantly a higher risk to public safety. Examples of felonies include murder, rape, robbery, and drug trafficking.

A misdemeanor covers less serious offenses that are not as severe as felonies. Misdemeanors generally involve actions that are considered detrimental to society but do not pose as grave a threat as felony offenses. Examples of misdemeanors include petty theft, simple assault, and the possession of certain types of drugs in low quantities.

April 27, 2021

Burglary of a Habitation in Texas- Does the garage count?

by Robert Guest

What is burglary of a habitation in Texas?

Burglary of a habitation is a 2nd-degree (2-20 TDC) felony in Texas. The law forbids entering a “habitation” without permission from the owner and then attempting or committing theft. See TEX. PENAL CODE § 30.02(a).

What is a habitation?

January 14, 2021

Texas Online Harassment Law Might Be Unconstitutional

by Robert Guest

The internet age has brought about new ways for humans to treat each other poorly. Anyone who has dared to post a comment online has probably been insulted, called terrible things, or otherwise tormented. Before the cell phone, you had to actually see a person or call their landline to be awful towards them. Nowadays, you’ve got dozens of apps that can give you instant access to someone. Cyberbullying is also a problem, and that’s probably what led to the creation of the Online Harassment law in Texas.

What is Online Harassment?

We start with the general harassment provision in the Penal Code, which is 42.07, and go down to subsection (a)(7).

September 18, 2020

Rooting Contractors Theft Cases- What happens when a contractor takes your money and doesn’t do the work?

by Robert Guest

Can a Roofing Contractor be Charged with Theft?

After every hail storm of tornado roofing contractors will defend on neighborhoods looking for repair work. Most contracts are honest and upright and do a great job. However, sometimes a roofing contractor is hired, paid, but then fails to fix your roof as agreed. Law enforcement may get involved, and even arrest a roofing contractor for theft, or they may tell the homeowner this is a “civil matter” and to file a lawsuit in small claims court instead. If you are charged with theft over a roofing case, most often the prosecutor will require restitution as a condition of any plea bargain, or even offer a better plea offer if you pay restitution upfront. This varies by county.

What is theft in Texas? How does that apply to roofing contractors?

January 23, 2020

What is a Stacked Sentence in Texas?

by Robert Guest

What is a stacked sentence?

Good question. A stacked sentence is one in which two sentences are to be served consecutively or one after another. So if Bob has two cases for possession, and gets 5 years TDC in each case, then a stacked sentence would require him to serve these sentences back to back.

Contrast that with a concurrent sentence, which lawyers call “CC”. If Bob has two charges for possession and gets the same 5 years in each case, then both sentences run at the same time. So Bob does one 5 year sentence.

January 22, 2020

Assault Causing Bodily Injury- Texas Penal Code 22.01(a)

by Robert Guest

What is assault causing bodily injury in Texas?

A person commits assault if he intentionally, knowingly, or recklessly causes bodily injury to another person. TEX. PENAL CODE ANN. § 22.01(a)(1).

“Bodily injury” is broadly defined as “physical pain, illness, or any impairment of physical condition.” Id. § 1.07(a)(8).

September 19, 2019

How can the State enhance my case? Or increase the sentence?

by Robert Guest

One of the first questions we ask our criminal consults is: Have you ever been arrested before? We do this not to embarrass you or make you feel bad, but to make sure we know what could possibly happen with your case. There is a chance that, based on your prior record, your state jail felony could be bumped up from anywhere to a 3rd-degree felony to a 1st-degree felony. We call this a punishment enhancement.

When we ask about your record, it includes needing to know ANY PLACE you’ve been arrested. Including other state and other counties. It also includes ANY TIME you’ve been arrested, no matter how long ago it was. When a prosecutor receives your case, the first thing they do is have an investigator run your background. These are FBI like background checks that can find EVERYTHING. Therefore, the best advice is to be upfront immediately so we can know how to prepare for your case.

How can they do this?

August 8, 2019

Driving While License Invalid in Texas

by Robert Guest

So your license to drive is suspended but you are still driving? That happens a lot in Texas. We’ve designed our State in a way that driving is required to function. You can’t walk to work in most areas, and public transportation is not something Texas has invested in. So people have to drive and sometimes will continue to do so after their license is suspended.

What’s the offense for driving with license invalid in Texas? That’s Texas Transportation Code Section 521.457(a)(2). It is illegal in Texas to operate a motor vehicle; on a highway; during a period that the person’s driver’s license or privilege was suspended or revoked under any Texas law.

How bad is it to commit DWLI? What’s the range of punishment?

January 20, 2017

Texas Penal Code 22.05 Deadly Conduct

by Robert Guest

Deadly Conduct should be a simple charge to understand right? Was there conduct? Was it deadly? Ok, then that’s “Deadly Conduct.” But like anything in law we make the simple complicated so guys like me can wear a suit and argue in court.

What is Deadly Conduct in Texas? Two ways to get there.

A It’s any conduct that places another person in danger of serious bodily injury. The conduct has to be reckless or better, so negligence won’t get there. Pointing a gun at someone counts as well.