Posted on May 12, 2022 in Criminal Defense

Everybody knows that stealing is against the law. But what many people do not know, and are often surprised to learn only after criminal charges have been brought against them, is that buying something that was stolen is also against the law. This is also true if the stolen item was given to you as a gift or a loan. Receipt, possession, or purchase of stolen property is illegal - if you knew (or should have known) that the item was stolen. 

Unfortunately, sometimes people accidentally purchase or are given things they did not know were stolen. If this has happened to you, it is important to secure the help of a Texas criminal defense attorney right away so you are not punished for receipt of stolen property. 

How Can the Prosecutor Say I “Should Have Known” the Property Was Stolen? 

The law against receipt of stolen property applies even if you did not know the thing you bought was stolen - as long as the prosecution can prove that you should have known. How is it possible to read someone’s mind and tell whether they should have known? We can look at a classic example of such a situation to get a better idea. 

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 Posted on May 05, 2022 in Criminal Defense

When one person in Texas causes harm to another person unprovoked, that person has usually committed a crime. And while physical harm is never a pleasant thing to experience, the law recognizes that all physical harm is not alike; a slap in the face, while provoking someone to feel anger, pain, or fright, is not the same as suffering a leg injury so serious that you lose the ability to walk for the rest of your life. For this reason, criminal charges and punishments involving assault depend on the seriousness of the physical injuries suffered. 

What is Serious Bodily Injury in Texas?

Every state defines the idea of serious bodily injury somewhat differently, and whether a specific injury constitutes serious bodily injury can sometimes be open to interpretation by the jury in a criminal defense case. Texas law considers an injury to be a “serious bodily injury” when that injury creates a substantial risk of death or causes death, permanent disfigurement, or long-term loss of any part of the body.

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 Posted on April 26, 2022 in Federal Crimes

During the time following the end of WWII through the early 1970s, the United States experienced a period of massive economic growth. Automation, full employment, and a developing transportation system all enabled significant financial gains across many sectors. However, along with the opportunity to make money came those looking to game the system, and organized crime spiked. 

In response to this influx of organized crime, lawmakers in 1970 signed the Racketeer Influenced and Corruptions (RICO) Act into law and it remains in place to this day. The consequences for federal racketeering charges are serious and defending against them requires a fearless criminal defense attorney with experience combatting state and federal criminal charges. 

What is Racketeering? 

Racketeering is the act of obtaining money through illegal business activities or extortion. Under the RICO Act, as well as the Texas Penal Code, it is illegal for someone to plan or commit certain crimes in collaboration with an enterprise. What counts as an enterprise, however, is subject to much speculation and frustration because the definition is so vague. While the RICO Act was originally meant to cover organized criminal organizations like the mafia or motorcycle gangs, even people who do not know each other have been found to be in violation of the RICO Act as the government tries to take down allegedly corrupt organizations. 

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 Posted on April 19, 2022 in Federal Crimes

Extensive news coverage has been recently given to alleged perpetrators of hate crimes all across America. Sometimes what constitutes a hate crime can seem fairly obvious, but other times charges of hate crimes seem to be overzealously filed against those who are merely expressing their opinions. Both Texas state and federal laws protect citizens against hate crimes, but few people know what actually constitutes a hate crime and may be surprised when charges of a federal hate crime are filed against them. Here are three facts about federal hate crimes. 

What is a Hate Crime? 

When someone assaults a random person on the street and robs them of their wallet, that may seem equally wrong no matter what the sex, race, religion, or national origin of the victim may be. But when the perpetrator of such a crime commits the crime because the victim is a member of a federally protected class, the crime becomes a hate crime. A hate crime is a crime committed against someone who has specific characteristics, whether real or perceived, that are defined and protected under the law. 

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 Posted on April 12, 2022 in Federal Crimes

In 2019, President Trump signed the Preventing Animal Cruelty and Torture Act (PACT) into law. Although every state previously had felony charges for cruelty to animals, the bill introduced the possibility of federal criminal charges for similar behavior. Now, federal prosecutors have the power and backing of the federal government to prosecute acts such as encouraging dogs or roosters to participate in fights and even selling or distributing videos of animals fighting.

For people in Texas who have been charged with extreme animal abuse, this new law can enhance already existing Texas state laws and bring serious penalties. If you have been accused of state or federal animal cruelty or abuse, it is essential to get competent criminal defense representation right away. 

What is Animal Cruelty? 

Among other abusive actions, it was already illegal to torture, abandon, overwork, or poison an animal in Texas; abandoning or failing to provide care for an animal is also illegal. Persons convicted under Texas state law of cruelty to animals can lose their animals, pay fines, and face jail time. 

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 Posted on April 05, 2022 in Federal Crimes

The state of Texas takes auto theft very seriously; in fact, many cities, including Dallas, have their own auto theft police units. Consequences for stealing a car can range from misdemeanor charges, such as for a juvenile who takes a parent’s car on a joyride without permission, to felony charges at the federal level for grand theft auto. Grand theft auto, which occurs when a vehicle is stolen and moved to a new location with the intent to sell or otherwise deprive the owner permanently, carries serious consequences, including potential federal charges. If you have been charged with auto theft or carjacking, your future employment, reputation, and freedom could be at serious risk. 

Texas State Auto Theft Charges 

Texas has a unique class of criminal charges called “state jail felonies,” which are labeled as a felony but which punish a crime with jail time, rather than prison time. People charged with stealing a car in Texas are usually charged with unauthorized use of a motor vehicle, which is a state jail felony; consequences include a minimum of six months to two years in jail, and fines up to 10,000 dollars. 

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 Posted on March 31, 2022 in Criminal Defense

Any kind of sexual activity with minors is treated harshly by Texas law. Even when alleged perpetrators of sex crimes with minors never actually met a minor for sexual activity, if they are charged with soliciting a minor they can face serious consequences. Soliciting a minor often comes with additional charges; in Texas, soliciting prostitution with a consenting adult is a felony, even for the first offense. If you have been charged with soliciting a minor, get help from a Texas criminal defense lawyer right away. 

Internet Stings

Charges for soliciting a minor often result from internet “sting” operations in which a law enforcement professional pretends to be a minor. When someone above the legal age of consent in Texas (17 years old) tries to use the internet simply to communicate in a sexually explicit way with a minor, it is a third-degree felony. This includes sending photos, emails, and even text messages. When the minor involved is under 14 years old, the charges can be upgraded to a second-degree felony. 

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 Posted on March 27, 2022 in Criminal Defense

Texas high school, middle school, and elementary school teachers are in a position of significant power and influence over their students. Teachers sometimes spend more time with children than children spend with their parents and the relationship between teachers and students can provide much-needed structure and authority that helps children in tough situations thrive. 

However, when these relationships are not kept strictly platonic, teachers can run into serious trouble. Public and private school teachers are not permitted to have sexual relationships with students, even if the relationship is consensual. Texas law specifically mentions and prohibits these relationships and addresses not only teachers, but also counselors, administrators, and any other school employee. If you are a teacher who has been accused of an improper relationship with one of your students, read on. 

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 Posted on March 17, 2022 in Criminal Defense

When mentally competent adults commit crimes in Texas, they are charged and tried as adults with the expectation that they understood the implications of their behavior when they committed the crime. But juvenile crimes are treated differently, in large part because a minor’s brain is still developing and the connection between an action and its consequence may not be clear. 

So, when an adult allows, helps, or encourages a juvenile to break the law, Texas takes this very seriously. The adult can be charged not only with breaking the law, but with “contributing to the delinquency of a minor.” According to Texas law, a person can be held responsible for an offense when the offense was committed by another person if they are criminally responsible for helping that person commit the offense. If you have been charged with contributing to juvenile delinquency, the consequences could be serious and it is important to have a competent criminal defense team on your side. 

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 Posted on March 11, 2022 in Criminal Defense

Human trafficking has gained significant public notoriety in recent years with high-profile campaigns meant to bring awareness and eradication of this issue. While human trafficking does exist, there are legitimate questions as to whether its prevalence has been somewhat exaggerated, leading to an overzealous law enforcement response that often rushes to judgment without sufficient evidence. This is especially true if the allegations of human trafficking involve child victims. If you have been charged with child trafficking, it is important to take these charges seriously and understand the potential consequences of conviction. 

What is Child Trafficking? 

Any person who intentionally entices, recruits, transports, harbors, or restricts the movement of someone to force them to provide work or services, including sexual acts, may be guilty of human trafficking. If the alleged victim is a minor, the behavior is considered child trafficking and the penalties are more serious. Child trafficking often involves illegal sexual acts between adults and children, including prostitution, child pornography, sexual abuse, and indecency with a child. Even if a person engaged in sexual conduct with someone who they did not know was a trafficked minor, they may be charged with child trafficking. 

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