Posted on October 04, 2022 in Criminal Defense

The state of Texas takes crimes against children very seriously, especially those that are sexual in nature. Even the accusation of being accused of a sex crime against a child can have severe repercussions on someone’s professional and personal life. If you are facing accusations or charges for sex crimes against children, it is important to understand the charges against you, as well as their potential consequences. In this blog, we discuss indecency with a child; read on to learn more about this charge, and then contact a criminal defense attorney with specific experience in sex crimes defense. 

What Is Indecency With a Child? 

Indecency with a child occurs when someone engages in any of the following behaviors with a child under age 17:

Continue Reading ››

 Posted on September 29, 2022 in Criminal Defense

Certain cases of high-profile sexual assault allegations in recent years have brought the issue of sexual assault into the public sphere again and again. While some of the men accused of sexual assault were clearly guilty and convicted of at least some of the allegations against them, others faced long, humiliating public harassment over allegations of incidents that occurred many years or even decades ago for which evidence was scant or non-existent. 

The idea that someone - usually a woman - would make false allegations of sexual assault is often brushed off as laughable or even offensive. One particular study is frequently cited as “proving” that sexual assault allegations are only false an estimated 2-10 percent of the time. Yet the study only examined 136 cases and fails to acknowledge one of the most obvious facts about false sexual assault allegations: They are easy to make, hard to disprove, and rarely result in any meaningful cost to the person making them. If you have been falsely accused of sexual assault, an experienced, assertive Texas sexual assault defense attorney can help you fight these allegations, even before they are brought to court. 

Continue Reading ››

 Posted on September 23, 2022 in Criminal Defense

While we may not be inclined to admit it, most of us have gotten into a car and driven ourselves home after having too much to drink. Most of the time, taking such a foolish risk results in little or no consequence; other times, however, making the mistake of drinking and driving can change lives forever. If you are facing charges for getting into a car accident while drunk and accidentally killing someone, you need to know the penalties you may be facing. 

Intoxication Manslaughter

Under Texas law, the term for causing a fatal car, truck, or other vehicle accident while under the influence of drugs or alcohol is “intoxication manslaughter.” Manslaughter is a legal term that recognizes that, as opposed to murder, in which the act was premeditated, the crime of killing someone can happen without malice or forethought. Instead, manslaughter charges are brought when someone’s actions amount to an extreme, reckless disregard for life in the form of criminal negligence. 

Continue Reading ››

 Posted on September 16, 2022 in Federal Crimes

Imagine a fairly common scenario: A group of college buddies from Texas goes on a road trip to California, where marijuana is legal. Visiting several dispensaries, the group stocks up on flower, vape pens, and dabs, and then gets ready to head back home. The group figures they might share some of the product with friends, sell a little of it, or maybe keep it all for themselves. No big deal, right? 

But when the group is driving back through Texas, they get pulled over by a highway patrol officer for driving nine miles over the speed limit. The officer claims he smells marijuana on the group, orders them out of their car, and then searches the car. He finds the friends’ stash, arrests them all, and suddenly an entire group of friends without a criminal history is facing federal drug charges. 

Continue Reading ››

 Posted on September 09, 2022 in Criminal Defense

Opioid abuse is a major problem in Texas. About 5,000 people are known to have died of an overdose in Texas in 2021 alone, and officials fear that number underestimates the true number of opioid deaths because postmortem toxicology tests can be expensive. Nearly 10,000 people visited emergency rooms for opioid-related problems in previous years and Texas’s program to provide medicine that can save someone from an overdose ran out of funding in January. 

Federal law allows a drug dealer who sells opioids to someone who later dies of an overdose to be held responsible for that person’s death, but Texas state laws are not yet in line with other states that have implemented harsh drug homicide laws that match federal penalties. For now, despite charges for drug-related homicide being somewhat difficult to prove, prosecutors are still eager to punish alleged drug dealers to the fullest extent of the law. Defending against these charges requires the help of an experienced drug crimes defense attorney. 

Continue Reading ››

 Posted on August 29, 2022 in Criminal Defense

You may have heard horror stories in the news - friends being careless while driving, tragic accidents between family members out hunting, or a night of partying gone wrong - but never thought such a thing would happen to you. Yet accidental killings do sometimes happen, and when they do, they change lives forever. While the victim’s family and friends suffer the greatest loss, the person responsible for an accidental death will also have to deal with terrible consequences, whether or not criminal charges are filed. When criminal charges are filed, an excellent criminal defense attorney is essential for preventing even more suffering. 

Criminal Charges for Accidental Killings in Texas

Killing someone in Texas can be prosecuted as murder, capital murder, involuntary manslaughter or voluntary manslaughter, or criminally negligent homicide. Involuntary manslaughter charges can be brought after an act of recklessness that kills someone, but which was not committed with the intent to cause serious harm or death. Driving drunk and crashing and killing someone is a classic example of involuntary manslaughter. But what about when a death is truly an accident? In these cases, charges of criminally negligent homicide may still be brought. 

Continue Reading ››

 Posted on August 23, 2022 in Criminal Defense

Most people know that using the internet to look for sex with minors in Texas is a crime. Likewise, many people know that police conduct “sting” operations to find people looking to engage in criminal behavior. But sometimes, police conduct crosses a line and people get caught in sting operations and charged with crimes of which they are innocent. 

If you were caught in an internet sting operation, you may feel shame and fear and wonder what will happen to you. With a great criminal defense attorney, you can fight these unfair charges and have hope for a better future. 

What Counts as Online Solicitation of a Minor? 

When someone 17 years of age or older tries to use any form of electronic communication to get a minor to engage in sexual activity, including just sexual conversation, this is considered online solicitation of a minor whether the sexual activity occurs online or in person. Sending explicit photos and “sexting” with explicit language - two very common activities among young adults - are included in this crime. 

Continue Reading ››

 Posted on August 15, 2022 in Criminal Defense

There is no accounting for taste, as the old saying goes, and nowhere is this more true than when it comes to sexual preferences. Yet there is growing concern that some people - men in particular - are successfully using their personal taste as an illegitimate defense in horrific murder crimes. When violent sex results in inadvertent injury or death, is the perpetrator truly culpable of assault or murder? And do people who enjoy BDSM need to be worried about potentially facing criminal penalties in a Texas court? 

Is BDSM Legal in Texas? 

Bondage, discipline, dominance, submission, and sadism, or BDSM, is a broad term that is used to describe sexual behaviors that are often considered deviant in nature. While some types of BDSM are objectively harmless, others can be violent, humiliating, and sometimes dangerous. 

Continue Reading ››

 Posted on August 09, 2022 in Criminal Defense

Texas law considers the welfare of children, disabled persons, and the elderly of the utmost importance. The inability of these protected groups to speak out for their wellbeing or to take action against predatory adults makes it all the more important for the law to protect their best interests at all times. Because of the internet’s saturation with child pornography and the difficulty of catching those responsible for creating and distributing indecent images, Texas has created laws that crack down all the harder on people who sexually exploit children. 

But while there are many types of child exploitation, Texas law means something very specific when it comes to charges of sexual exploitation of a child. If you are facing charges for this serious crime, it is important to understand what it is and what the consequences are. 

What is Child Sexual Exploitation in Texas? 

When someone knowingly, intentionally, or recklessly exploits a child (or an elderly or disabled person), they have broken Texas Penal Code section 32.53. Exploitation is defined as the improper or illegal use of a child for personal benefit, including financial benefit. This includes forcing a child to do anything against the law, including sexual acts, illegal labor, child sex trafficking, production of child pornography, and even using a child to transport drugs or weapons. This law dovetails with several other laws prohibiting inappropriate sexual behavior with children and someone charged with child sex crimes can be prosecuted under all relevant sections of the law. 

Continue Reading ››

 Posted on July 28, 2022 in Criminal Defense

Accusations of child endangerment are easy to make and difficult to defend against. After all, in some cases whether a child is being endangered is somewhat subjective; discipline that one person finds reasonable may be seen as abusive to another. Texas law has specific definitions of what kind of behavior constitutes legal child endangerment or abuse, but it can be a long, uphill battle for a parent, neighbor, or teacher to clear themselves of charges.

If you have been accused or charged with a crime against a child, you may feel as though explaining your situation and trying to defend yourself is a reasonable approach. But the police, Child Protective Services, and prosecutors often have an agenda and are not so eager to see potential child abusers as innocent. Instead, learn as much as you can about how these accusations could impact you, and then contact a Texas criminal defense attorney with experience conducting a rigorous defense against child endangerment charges. 

Continue Reading ››