State of Texas Assault Crimes

Statistics indicate that in 2010 there were over 71,000 cases of aggravated assault in the state of Texas. For reasons not understood, more aggravated assaults occurred in the state in May than in any other month while the fewest assaults took place in February. Approximately 284 aggravated assaults took place in 2010 for every 100,000 residents in the Lone Star State. Assault charges are taken very seriously in Texas, especially if a weapon was used or if injuries resulted from the assault.

The circumstances surrounding the assault will determine whether it will be charged as a misdemeanor or a felony and there are a wide variety of penalties and punishments involved. Simple assault will generally be charged as a misdemeanor unless it involves domestic violence, and except for domestic violence cases police officers will usually want to either see the “assault” themselves or have corroborating witness testimony. Keep in mind, however that “assault” has a very broad definition and can include the threat of assault or something as simple as poking your neighbor in the chest to make a point during a heated argument.

Texas Marijuana Possession Penalties

It appears there will be no reforms to the Texas marijuana laws until at least 2013. Although Texas has a reputation as a state which values human freedoms and restrained government, lawmakers in Texas persist in their unwillingness to take those principles into account regarding reform for current marijuana laws. In 2011 the Lone Star State said “no” to proposed legislation regarding medical marijuana, and recent House Bill 548 which would have decreased the punishment for possession of less than one ounce of marijuana was also not even granted the courtesy of a hearing. HB 548 would have lessened possession penalties for one ounce or less of marijuana from 180 days in county jail and a $2,000 fine to only a fine of $500.

House Bill, number 1491 which would have allowed patients who were found with small amounts of marijuana—based on a doctor’s recommendation—a defense against prosecution was similarly ignored. A staggering 97% of all arrests made in Texas during 2007 were for possession of marijuana. This means that nearly 70,000 people were arrested for possession of a substance which many consider to be even less harmful than alcohol. The penalties for drug convictions in Texas are among the toughest in the United States, garnering it a spot among the “Five Worst States to Get Busted with Pot,” on a list put out by NORML, a group which advocates for legalization of the drug.

Texas DWI – The Field Sobriety Test

This article will detail how field sobriety tests may affect your case and whether you should refuse the tests entirely. It is likely that if you were ever to be stopped by a police officer on the belief you were driving while under the influence you would be asked to perform several field sobriety tests. You should be aware that Texas law does not require you to take the field sobriety tests and, in some ways, it could be better for your case if you refuse.

By refusing to take the field sobriety tests and requesting that you be allowed to speak to an attorney, there may be little evidence against you, resulting in a dismissal of charges. Most police officers will not tell you that the tests are voluntary nor will they tell you the tests are designed with a single goal of giving the officer probably cause for an arrest. Your refusal of field sobriety tests does not imply guilt in any way although it may result in an automatic six month license suspension. In truth, the officer has likely already decided to arrest you for suspicion of DWI, so it is much more advantageous for you to simply refuse all tests and ask for a DWI attorney.

Texas DWI - First and Subsequent Offenses

This article is the third in a series of Texas DWI articles meant to offer assistance and information to those who have been charged with drunk driving. Those convicted of drunk driving in the state of Texas could be subject to a wide range of penalties. Because drunk driving is one of the most politically controversial crimes with constant lobbying by MADD and other powerful groups, it is also one of the most aggressively enforced crimes in the Lone Star State. Contrary to popular opinion a person does not actually have to be drunk to be arrested and subsequently convicted of DWI. According to Texas law the driver must only have lost the “normal” use of mental or physical faculties due to the ingestion of alcohol.

The terminology used creates a high degree of ambiguity leaving the fate of many people to the subjective opinions of police officers, prosecutors and judges. Texas, like most other states presumes a person to be intoxicated if he or she has a 0.08 blood alcohol content or above. Texas has many mandatory minimum punishments for DWI convictions, therefore it is extremely important that you understand all the ramifications involved with your DWI case. In spite of this, with an excellent DWI lawyer by your side you have a fairly good chance of avoiding conviction. Juries in Texas are known to acquit in nearly half of all DWI cases which make it to trial. Early intervention is crucial, however, to allow your DWI attorney the time to preserve favorable evidence and lessen the prosecutor’s efforts to gain evidence which might reflect badly on your case.

Texas DWI - The Breathalyzer Test

Like all other states, the blood-alcohol concentration limit for drivers in Texas who are over the age of twenty-one is 0.08. Should you be arrested for drunk driving, the state is required to prove you were driving while your BAC was over that limit usually. Should the arresting officer be able to definitively prove through field sobriety tests as well as his own observations that you were mentally or physically impaired while behind the wheel, then even a BAC lower than the established 0.08 may not save you from a DWI conviction. Added to this confusion, it is well-known that breathalyzer tests have serious flaws meaning your DWI attorney may have solid reasons to challenge the reliability of your breath test. The question asked by many is whether or not they should submit to a breathalyzer test at all.

Possession of Controlled Substance Penalties in Texas

The State of Texas is well-known for its severe stance on the possession of any controlled substance. If you have been charged with possession of a controlled substance you need immediate, aggressive legal help in order to preserve your freedom and your future. Never wait to hire an attorney in the hopes the situation will improve—this almost never happens and can put the attorney you eventually hire at a definite disadvantage.

New Laws and Proving Possession A year ago this September the Texas legislature amended certain drug laws by adding synthetic marijuana and “bath salts” to the list of controlled substances. This act added another group to the previous 5 Penalty Groups, listing these substances under Penalty Group-2A. The amendment provided penalties under any circumstance where such drugs as spice, K2, and other synthetic drugs similar in nature to cocaine were found in possession. While there are many defenses to a drug possession—and you and your attorney will decide on one together after your case has been thoroughly evaluated—the element of possession could be a possible avenue for your defense.

Penalties for the Crime of Theft in Texas

A recent newspaper story out of Wichita Falls, Texas details just how serious the crime of theft is in the Lone Star State. Apparently a person in the Wichita Falls area has been taking ornamental grasses and other plants from the city. While the police are requesting help from residents in the apprehension of the thief, it is also noted that a conviction for stealing these flowers and plants could bring two years in a state jail and a fine as large as $10,000. The level of theft charges which will be filed against an offender for the crime depends largely on the monetary amount of the item stolen. Theft is loosely defined as taking the property of another person without their consent whether through trickery or physically removing the item.

From shoplifting to writing hot checks and even to accepting as a gift or buying property which you know to be stolen—all of these can land you in hot water with the law. Lest you think that getting rid of the stolen item will get you off the hook, think again. Even if you return the item later after suffering from guilt, you have still committed theft. Keeping the stolen item for only enough time to have deprived the rightful owner of its value is theft regardless of what actions you take later. However, in order for the state to successfully prosecute the crime of theft they are obligated to show the suspect acted with criminal purpose meaning he or she was fully aware that the item taken belonged to another and that there was no permission to take it. In order to prove the crime of theft police officers often rely on surveillance cameras, statements from witnesses and any potential physical evidence available.