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Under section 46.05(a)(3) of the Texas Penal Code, it is a felony to possess, manufacture, transport, repair, or sell a "prohibited weapon," including a chemical dispensing device.
Chemical dispensing device means
a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.
...Online Solicitation of a Minor is one of two offenses created by sections 33.021(b) and 33.021(c) of the Texas Penal Code:
Sec. 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section:(1) "Minor" means:(A) an individual who is younger than 17 years of age; or(B) an individual whom the actor believes to be younger than 17 years of age.(2) "Sexual contact," "sexual intercourse," and "deviate sexual intercourse" have the meanings assigned by Section 21.01.(3) "Sexually explicit" means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25.(b) A person who is 17 years of age or older commits an offense if, with the intent to commit an offense listed in Article 62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally:(1) communicates in a sexually explicit manner with a minor; or(2) distributes sexually explicit material to a minor.(c) A person commits an offense if the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person....
In short, online communications with a person who is under 17, or who you believe is under 17, are illegal in Texas if you intend for that communication to lead to a minor engaging in sexual conduct, constitute Online Solicitation of a Minor. That sexual conduct can be with you, with someone else, or even with herself.
...Facing drug-possession charges can be a harrowing experience with potentially severe consequences. To navigate the complex legal system and protect your rights, you'll need a top drug-possession lawyer on your side. But how do you find the best attorney for your case? In this post, we'll explore the essential qualities to look for in a top drug-possession lawyer and why choosing the right attorney can make all the difference in your case's outcome.
One of the most critical factors to consider when searching for a top drug-possession lawyer is their experience and expertise. You'll want an attorney who has a proven track record of successfully defending clients facing drug-possession charges. Look for an attorney who specializes in drug-related cases, as they will have a deep understanding of the nuances and complexities of drug laws and will be better equipped to defend your rights.
A top drug-possession lawyer will have a solid reputation within the legal community. Ask for recommendations from friends, family, or colleagues who may have dealt with similar situations. Additionally, check online reviews and testimonials from previous clients to gauge the attorney's performance and level of satisfaction among their clients. A highly-regarded drug-possession lawyer with positive reviews is more likely to provide you with the best representation.
...Facing false allegations of a sex crime can have severe consequences on your life, including potential imprisonment, damage to your reputation, and long-lasting effects on your personal and professional relationships. In such high-stakes situations, finding the right sex-crime attorney is crucial to defending your rights and protecting your future. In this post, we will discuss the factors you should consider some when selecting the best sex-crime attorney to represent you.
Some lawyers will not take sex-crime cases. Some will take them only reluctantly. Some will take them enthusiastically, but then not put their heart into the defeense. When looking for a sex-crime attorney, it's essential to focus on those who specialize in defending clients accused of sex crimes. These cases often involve unique legal issues and require a comprehensive understanding of the relevant laws, evidence collection procedures, and defense strategies. A skilled sex-crime attorney will have a proven track record of handling similar cases and achieving favorable outcomes for their clients.
Being falsely accused of a sex crime can be an emotionally challenging experience. It's crucial to find a sex-crime attorney who is not only knowledgeable but also compassionate and understanding. They should be able to empathize with your situation, provide emotional support, and offer guidance without judgment. An attorney who genuinely cares about your well-being will be better equipped to fight for your rights and ensure that your side of the story is heard.
...In the realm of criminal law, the stakes are often high, and the consequences of a conviction can be severe. One aspect of criminal law that adds even more complexity and potential hardship for defendants is the concept of enhanced penalties. In this post, we will explore the world of enhanced penalties, the factors that can lead to them, and how a skilled criminal defense attorney can help clients facing these daunting legal challenges.
Enhanced penalties are increased punishments for criminal offenses, typically imposed when certain aggravating factors are present. These factors can include prior convictions, the use of a deadly weapon during the commission of the crime, or the targeting of a particularly vulnerable victim, among others.
The purpose of enhanced penalties is to deter repeat offenders and punish those who commit more serious or dangerous crimes. However, these heightened punishments can often result in excessively harsh sentences that may not accurately reflect the true nature of the defendant's actions or intentions.
...Facing criminal charges can be a daunting and overwhelming experience. Your freedom, reputation, and future are at stake, making it crucial to secure the best possible legal representation. With countless criminal defense attorneys out there, finding the right one near you can feel like searching for a needle in a haystack. In this blog post, we will discuss essential tips to help you find the right criminal lawyer in your area to defend your rights and fight for the best possible outcome.
Start by compiling a list of the best criminal defense attorneys in your area. You can do this by asking for recommendations from friends, family, or colleagues, searching online directories, or browsing through local bar association websites. Make sure to focus on attorneys who specialize in criminal law and have experience handling cases similar to yours.
Once you have a list of potential attorneys, take the time to read online reviews and testimonials. While these should not be the sole determining factor in your decision, they can provide valuable insights into an attorney's reputation, track record, and communication style. Look for patterns in the feedback – do clients consistently praise the attorney for their dedication, knowledge, or communication skills?
...A "defense" and an "affirmative defense" are two distinct legal concepts used in criminal law. A defense is a claim or argument made by the accused that negates or refutes the prosecution's case, without admitting to the commission of the crime. Essentially, it asserts that the defendant's actions were justified, or the prosecution has not met its burden of proving the defendant's guilt beyond a reasonable doubt.
The Texas Penal Code has various defenses, labeled in the code, "It is a defense to prosecution...." Some examples follow.
Examples of Defenses Under Texas Penal Code.
...Entrapment is a rarely-used defense in Texas criminal cases for several reasons:
Difficult Standard. "It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment." Establishing this can be quite difficult.
Predisposition: The entrapment defense is not applicable if the defendant had a predisposition to commit the crime. If the prosecution can show that the defendant was willing and ready to commit the offense before the law enforcement officer's intervention, the entrapment defense will likely fail.
...This is a frequently asked question. People will see "PCSWID PG1 >400g" on a government document, and wonder what it means.
This refers to an allegation of possession of a controlled substance in Penalty Group 1, in a quantity of more than 400 grams, with the intent to distribute.
PCS = Possession of Controlled Substance;
...When it comes to theft crimes in Texas, the line between simple theft and more serious charges like robbery or aggravated robbery can sometimes be blurry. Today, we're going to explore the differences between robbery and aggravated robbery, the punishments associated with each crime, and the potential defenses that may be available to those charged with these offenses.
Under Texas law, robbery is considered a more severe form of theft. It's classified as a second-degree felony, which means that a conviction can result in substantial prison time and hefty fines. The primary distinction between theft and robbery is the use of force, threat, or fear during the commission of the crime.
To convict someone of robbery, the prosecution must prove that the defendant:
...When two or more people join forces to commit a crime, they can face charges of conspiracy or aiding and abetting. These legal concepts are central to both Texas and federal law, but they have distinct features and implications. This blog post will provide an overview of conspiracy and aiding and abetting in Texas and federal law, highlighting the differences between them.
In Texas, conspiracy is defined under Section 15.02 of the Texas Penal Code. A person commits the offense of conspiracy if he or she agrees with one or more persons that they will engage in criminal conduct and one of them performs an overt act in pursuance of the agreement. The overt act requirement distinguishes Texas conspiracy law from federal conspiracy law, which does not require an overt act for drug conspiracies.
Under federal law, conspiracy is a separate offense from the underlying crime. The prosecution must prove that the defendant knowingly and voluntarily entered into an agreement to commit a crime, but it is not required to show that the defendant committed an overt act in furtherance of the conspiracy, particularly in drug-related cases.
...Money laundering is a significant issue that plagues economies worldwide. As a top Houston criminal-defense lawyer, it is crucial to have a thorough understanding of this intricate crime and how it impacts clients. This blog post aims to provide an overview of money laundering, its stages, and the legal consequences one might face if charged with this offense in Texas.
Generally, money laundering is the process of concealing the origins of illegally obtained funds, typically by passing them through a complex sequence of financial transactions. This process is designed to make the money appear legitimate, so it can be used without arousing suspicion. Money laundering often involves proceeds from crimes such as drug trafficking, human trafficking, fraud, or tax evasion.The Stages of Money Laundering:Money laundering typically involves three stages:
Placement: This is the initial stage where the "dirty money" is introduced into the financial system. Criminals may deposit large sums of cash into a bank account or purchase high-value assets like real estate, vehicles, or jewelry.
...Navigating the complexities of the criminal justice system can be confusing, especially when you or a loved one are dealing with the aftermath of a criminal conviction. Two legal avenues often come up in discussions: appeal and habeas corpus. Though they may seem similar (and laypeople often think of both as "appeals") they serve different purposes in the Texas criminal justice system. In this blog post, we'll explore the differences between appeals and habeas corpus in Texas criminal cases.
An appeal is a legal process that occurs after a trial and conviction. When a defendant, now referred to as the appellant, believes that legal errors were made during their trial, he or she can file an appeal with a higher court to review the trial court's decision. Legal errors can include incorrect jury instructions, improper admission of evidence, and insufficient evidence to support the conviction.
It's essential to note that during an appeal, the appellant is generally not allowed to introduce new evidence or facts. The appellate court's focus is solely on reviewing the trial court's record and legal arguments presented by both parties. The purpose of an appeal is to ensure that the trial was conducted according to the law, and this review is limited to arguments that the trial court was aware of-generally, arguments that trial counsel made.
...Forgery involves creating, altering, or using a false document with the intent to defraud or harm another person. This could range from signing someone else's name on a check to creating a completely fake driver's license. If you or a loved one is facing forgery charges in Texas, you need a top Houston criminal-defense lawyer by your side. In this blog post, we'll discuss what constitutes forgery under Texas law and the potential penalties if convicted.
Under Texas Penal Code Section 32.21, a person commits forgery if he or she:
Forges a writing with the intent to defraud or harm another;
...As a Top Houston Criminal-Defense Lawyer, I often encounter clients who find themselves entangled in the complex web of Texas prostitution and solicitation laws. These laws have undergone changes in recent years, and it's crucial to understand the current state of the law if you or a loved one is facing such charges.
Effective September 1, 2021, Texas Penal Code Section 43.02 outlines the crime of prostitution. A person commits an offense if they knowingly offer or agree to receive a fee for engaging in sexual conduct. This offense is considered a Class B misdemeanor, but it can escalate to a Class A misdemeanor or state jail felony depending on the number of previous convictions.
In contrast, Texas Penal Code Section 43.021 focuses on the crime of solicitation of prostitution. This occurs when a person knowingly offers or agrees to pay a fee to another person for engaging in sexual conduct. Solicitation is generally considered a state jail felony. However, it can be upgraded to a third-degree felony if the individual has a prior conviction under the same section or under the previous law (Section 43.02(b) before September 1, 2021). Additionally, it can be classified as a second-degree felony if the person being solicited is younger than 18 or believed or represented to be younger than 18, regardless of the actor's knowledge of their age.
...Jury instructions are an essential part of any criminal trial in Texas. They are the set of legal rules that the judge provides to the jury to help them understand the relevant law and how it applies to the facts of the case. Jury instructions are typically given after the presentation of evidence and closing arguments by both the prosecution and the defense.
In a Texas criminal case, the judge will typically provide the jury with both general and specific instructions. General instructions cover broad legal concepts, such as the presumption of innocence, the burden of proof, and the elements of the offense. Specific instructions, on the other hand, apply those legal concepts to the particular facts of the case.
The judge may also provide the jury with instructions on affirmative defenses, which are defenses that admit the underlying conduct but argue that the defendant is not criminally responsible due to some specific circumstance. For example, self-defense or duress may be considered affirmative defenses in some cases.
...In 2014, the Texas Court of Criminal Appeals-Texas's highest court for criminal-law appeals-issued an important decision in the case of Ex parte Lo, which addressed the constitutionality of Texas Penal Code § 33.021(b), a statute that criminalizes the online solicitation of a minor.
In that case we argued that the statute was overbroad and violated the First Amendment's protection of free speech. Specifically, we argued that the statute criminalized a wide range of conduct that did not involve actual harm to a minor and therefore, was unconstitutional.
The court ultimately agreed with us and held that § 33.021(b) was overbroad in violation of the First Amendment. The court reasoned that the statute criminalized a wide range of protected speech, including speech that did not involve actual harm to a minor.
...As a criminal-defense lawyer, it's essential to avoid conflicts of interest in order to provide the best possible representation for your clients. A conflict of interest occurs when a lawyer's personal or financial interests conflict with the interests of their client, which can lead to a breach of trust and compromise the client's legal rights.
Here are some common types of conflicts of interest in criminal defense and how to avoid them:
Multiple clients with conflicting interests: If a lawyer represents multiple clients who have competing interests, this can create a conflict of interest. For example, if two clients are charged with the same crime, the lawyer cannot represent both clients without running the risk of a conflict of interest.
...Schedule your free consultation today by filling out the form below or calling our office at 713-224-1747. We look forward to representing you.
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From our office in Houston, we represent clients throughout Harris County and across the state of Texas. We assist with criminal cases in Conroe, The Woodlands, Spring, New Caney, Porter, Humble, Atascocita, Aldine, Cloverleaf, Pasadena, South Houston, Pearland, Fresno, Missouri City, Sugar Land, Pecan Grove, Richmond, and Katy.
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