Dallas Criminal Defense Lawyer Blog

February 21, 2017

What happened to 3g offenses? What is 42A.054?

I hate when things change. Just when you think you understand the law in Texas, you find out that everything has changed. Well, in this case, they’ve changed, but they are still the same. Ever since I’ve been a lawyer aggravated or “3g” offenses were those that had limited probation availability. However, as of 1/1/17, the entire probation section of the code of criminal procedure has been replaced with……. section 42A!

That’s right, we have a brand new section that is basically a reboot of the old section. This was a cleanup job designed to make the cluster fuck of laws that was chapter 42 well, a little less clusterfucked. If I was starting out as a lawyer, or if I was a layperson who wanted to understand probation in Texas, I’d greatly appreciate the new streamlined 42A.

So what happened to 3g offenses? They still exist. But now they are section 42A.054 offenses. They even come with a title that explains what they are. Here’s the new section-

January 21, 2017

They can’t use my past against me!

by Robert Guest

The criminal justice system really sucks in Texas. It’s gotten incrementally less horrible in some aspects, but the Lone Star State still views prison as the best option to solve problems. From addiction to mental health, we haven’t found an issue that we won’t try to incarcerate our way out of.

The end result of our obsession with arresting people is that many Texans have some criminal history. And having a criminal record means you are going to be treated worse in every step of the process. It starts when you get pulled over, and the police run your name through the TCIC. If your background shows a drug arrest, regardless of the outcome, they are more likely to want to search you for drugs. When your bail is set, a magistrate might consider prior criminal cases in setting your bail, and if they don’t, then the DA’s office might go back and ask for a higher bail when you get out.

Intake

January 20, 2017

Kaufman County Grand Jury Indictment List for January 19th, 2017

by Robert Guest

I know today is a slow news day, with not much going besides the inauguration. But the criminal justice system is always creating work for itself, that’s why we have a War on Drugs after all. To that end here is the most recent Indictment List for Kaufman County.

January 19, 2017 GJ List

We have 19 dope cases out of 41 total indictments. So if you wonder why some real crime isn’t being solved in your area, it’s so we can keep busting people for less than one gram of drugs.

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.

January 12, 2017

Texas Penal Code 22.04 Injury to a Child, Elderly, or Disabled Individual

by Robert Guest

Welcome back to our ongoing series on Assault crimes in Texas. Today we are going to leave Texas Penal Code 22.01, which has many typical assault offenses and take a closer look at TPC 22.04. 22.04 deals with victims (or complaining witnesses) in 3 unique classes- children, elderly, and disabled.

Let’s start with some definitions. In Texas, a “child” for the purposes of 22.04 is anyone under 14. An “elderly” person is anyone over 65. A “disabled” individual is anyone with

-autism spectrum disorder, as defined by Section 1355.001, Insurance Code;-

January 5, 2017

Texas Penal Code 22.01(a)(1)(b)(1) Assault on a Public Servant

by Robert Guest

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 servant as an assault against-

a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

This requires that the defendant a) know the person is a public servant, and b) the public servant is performing is performing an official duty or (c) or in retaliation from the performance of an official duty. A third degree felony has a range of punishment of 2-10 years in TDC, and a possible $10,000 fine.

January 4, 2017

Texas Penal Code 22.01(a)(1)(b)(2)- Assault Family Violence Impeding Breath – “Choking”

by Robert Guest

Assault – Family Violence is probably the most serious misdemeanor offense in Texas. As we discussed last time when we reviewed TPC 22.01 a normal Assault is a Class A Misdemeanor, and adding a family violence allegation doesn’t change that. Family Violence Assaults are still Class A Misdemeanor, the problem is that a plea of guilty, even without a conviction carries serious consequences beyond just being on probation (employment, immigration, child custody, inter alia).

A few years ago the legislature added another enhancement to Family Violence Assault which makes the offense a 3rd degree felony (2-10 years in prison, up to $10k fine). Lawyers usually call this enhancement “choking”, but the actual language of 22.01(a)(1)(b)(2) doesn’t include the work choke anywhere.

Here is what it says-

January 3, 2017

Texas Penal Code 22.01 Assault

by Robert Guest

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 assaults to Second Degree Felony Assault. Let’s dive into the statute and see what’s going on here.

First up, what is an assault in Texas?

Basically, it’s causing bodily injury, threatening bodily injury, or offensive physical contact. Specifically

December 19, 2016

Kaufman County Grand Jury Indictment List 12/19/16

by Robert Guest

It’s a slow time of the year at the courthouse, and productivity may only decrease this week as Christmas approaches. That might explain why this week’s indictment list is so short. Or maybe we caught all the criminals and there is no one left to prosecute? Either way, here is this week’s indictment list from the 86th District Court. It’s only 12 cases, with an equal number of Aggravated Assaults as dope cases (4 of each).

If you are on the list you should hire a lawyer immediately. 12/19/16 Grand Jury Indictment List

December 1, 2016

Rockwall Municipal Court- Don’t just pay the ticket!

by Robert Guest

So you’ve got a ticket case in Rockwall and you want to take care of it. No one really has time to spend fighting a ticket case, so many people who get a citation just pay the ticket. Let me tell you why that’s not a great legal strategy.

Paying a ticket means being convicted. Now if your case is in Rockwall Muni court, then it is a class C misdemeanor. The most commonly litigated class C misdemeanors are traffic tickets. If you have a CDL, you don’t want any convictions. It really screws up your ability to CDL. If you have a regular license to convictions can screw up your license and insurance. If you just pay the ticket, guess what? You just got convicted.

There are also common non-traffic cases heard in Rockwall Municipal Court like