Recent Blog Posts
5 Possible Defenses Against White Collar Crime Charges in Texas
White collar crimes are serious offenses, and they can have severe legal consequences for those accused or convicted of these charges. If you have been charged with a white collar crime in Texas, you have the right to defend yourself, and you should be treated as if you are innocent until you are proven guilty in a court of law. The key to mounting a successful defense is enlisting the help of an experienced criminal defense attorney who has experience representing clients who have been charged with white collar crimes. Here are some possible defenses that may be available to you as you address criminal charges:
1. Lack of Intent
To prove that a person is guilty of a white-collar offense such as fraud or embezzlement, the prosecution must demonstrate that the defendant had the intention to commit the crime knowingly and willfully. That is, the defendant must have intended to wrongfully deprive someone else of their money or property. If your attorney can show that there was no intent on your part to engage in illegal activity or commit fraud, this can weaken the prosecution's case against you, and the charges could potentially be dismissed.
Understanding the Role of Intent in Criminal Cases in Texas
When a person is charged with a criminal offense in Texas, intent will often play a crucial role in determining the outcome of a case. Intent refers to the mental state or purpose behind an individual's actions. It is an essential element that the prosecution must prove beyond a reasonable doubt in order to secure a conviction. Understanding the role of intent is vital for defendants.
Types of Intent
In Texas, there are several different types of intent that can be relevant in criminal cases:
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General intent
This refers to the intent to commit a particular act, without the need to prove a specific outcome or result. For example, if someone intentionally strikes another person, causing harm, they can be charged with assault, even if they did not intend to cause serious injury.
When Can a Person Face Embezzlement Charges in Texas?
Embezzlement is a serious crime that involves the misappropriation of funds or other property entrusted to someone's care. In Texas, embezzlement is a white collar crime that is a form of theft, and depending on the circumstances of a case, it may be treated as a misdemeanor or felony offense. If convicted, individuals may face severe penalties, including imprisonment and hefty fines. People accused of this offense will need to be sure to understand the elements of embezzlement and the circumstances under which a person can be charged with this crime in Texas.
What Is Embezzlement?
While embezzlement is not a formal offense that is defined in Texas law, it is a form of theft that may result in criminal charges. Embezzlement occurs when a person who has been entrusted with someone else's property or funds intentionally misappropriates or converts them for personal gain. This crime typically involves a breach of trust, as the individual accused of embezzlement had usually been granted authority or responsibility over the assets they are accused of stealing.
Are Texas DWI Charges More Serious if a Child Was a Passenger?
Drunk driving can be very dangerous, and when drivers are under the influence of alcohol or drugs, they are more likely to cause accidents that may result in serious injuries and extensive property damage. Because of these dangers, the laws prohibiting intoxicated driving are strictly enforced. Driving while intoxicated (DWI) is a serious offense in Texas, with severe consequences for those who are convicted. However, if a child is present as a passenger in a vehicle operated by an intoxicated driver, the charges and penalties can become even more severe. People who have been arrested for drunk driving will need to understand the legal implications of Texas DWI charges involving a child passenger.
Child Endangerment Laws in Texas
Texas has specific laws in place to protect children from being exposed to dangerous situations, including cases where a child is in a vehicle operated by an intoxicated driver. According to Texas Penal Code Section 49.045, a person can be charged with the offense of Driving While Intoxicated With Child Passenger if they were operating a vehicle while under the influence of an intoxicating substance, and there was a child under the age of 15 in the vehicle at the time of the offense.
What Are the Penalties for Child Molestation in Texas?
Child molestation is a serious offense that is met with severe penalties in the state of Texas. Child molestation is also known as child sex abuse, and it generally refers to any sexual act or sexual contact with a child under the age of 17. In order to protect the well-being of children, the Texas legal system imposes strict punishments on individuals found guilty of child molestation.
What Constitutes Child Molestation in Texas?
In Texas, child molestation is covered under various criminal statutes, including those related to child sexual assault, indecency with a child, and continuous sexual abuse of a young child or children. These statutes define specific acts that are considered child molestation, such as:
The Difference Between Burglary and Criminal Trespass
Burglary and criminal trespass are two closely related - but distinct - crimes. Of the two, burglary is considered quite a bit more serious. Burglary is a felony, while criminal trespass can be charged as a misdemeanor. Both crimes involve unlawfully entering another party’s property in some way, but there are a few key differences. If you are facing either charge, it is important that you understand the seriousness of the situation. You could face jail time for either offense. If you are charged with burglary, you face more than a year in prison. The maximum sentence for burglary is 20 years. Criminal trespass carries less than a year in jail in most cases, but probation is a possibility. With either charge, it is essential to find a good criminal defense lawyer. The Crowder Law Firm, P.C. is highly experienced in helping those charged with burglary, trespass, and other property crimes.
How Burglary and Criminal Trespass Differ in Texas
Can Minors Face Criminal Charges for “Sexting” in Texas?
In a digital age where people use smartphones and other electronic devices constantly, "sexting" has become more common. People may exchange sexually explicit messages, photographs, videos, and other material through text messages, email, or social media. However, when minors engage in these activities, they could potentially face criminal charges, and if explicit photos or videos are sent to multiple people, this could even result in accusations related to the possession or distribution of child pornography. By understanding the legal consequences of sexting, parents and children can address concerns about these issues and determine what steps can be taken to address any accusations of criminal offenses.
Laws Addressing the Transmission of Visual Material Depicting Minors
In some cases, teenagers may make the mistake of sending sexually explicit messages and images of themselves or others without being fully aware of the consequences. These actions may start out as consensual activities between couples who are dating, but images or videos may be shared with others, and they could potentially be used to bully, harass, or threaten a child who is depicted. To address this issue and prevent explicit materials from being used inappropriately, Texas law has outlined situations where these actions may be considered crimes.
HBO Series Love and Death Dramatizes Murder Defense by Don Crowder
True crime stories have been very popular in recent years. The details of murder cases and other real-life incidents involving criminal investigations and prosecutions can be fascinating. In addition to providing insight into why people commit crimes, these stories can demonstrate how the legal process works and the strategies that criminal defense attorneys may be able to use to help clients avoid convictions. One recent true crime series that was created by HBO, Love and Death, detailed the story of accused murderer Candy Montgomery, who was represented by Don Crowder, the father-in-law of our founding attorney, Darlina Crowder.
Don Crowder’s Defense of Candy Montgomery in Collin County
In 1980, Candy Montgomery, a 30-year-old housewife and mother living in Wylie, Texas, was charged with the murder of Betty Gore. Mrs. Montgomery had been having an affair with Mrs. Gore’s husband, Allan Gore, and although they had ended their relationship, their families were still friendly with each other due to their participation in their church and their children going to school together. On June 13, 1980, Mrs. Gore reportedly confronted Mrs. Montgomery about the affair, and this led to Mrs. Montgomery killing Mrs. Gore with an ax.
5 Activities That Can Lead to Federal Drug Trafficking Charges
Criminal charges related to controlled substances can be very serious. Those accused of possessing, selling, or distributing these substances may be charged with drug crimes, and they may face harsh penalties if convicted. While many drug crimes are charged at the state level, there are some situations where people involved in these cases may face federal drug trafficking charges. By understanding the activities that could potentially lead to federal charges and working with an attorney who has experience defending clients in federal courts, alleged offenders can take steps to defend themselves.
Actions and Offenses Related to Drug Trafficking
The laws of the United States make it illegal to distribute, manufacture, or possess with the intent to distribute or manufacture controlled substances. There are a number of reasons people may be accused of violating these laws, including:
Are School Employees Prohibited From Relationships With Students?
Over the past few decades, several high-profile cases have involved inappropriate relationships between teachers and students. In Texas, there are laws that specifically prohibit these types of relationships, and teachers who have sex with students or otherwise engage in sexual conduct involving minors may face criminal charges. However, there may be some confusion about whether these prohibitions extend to other types of educators or people who work at a school. By understanding who is covered by these laws and when a person may face accusations of crimes against children, those who could potentially face criminal charges can be prepared to defend themselves should the need arise.
Laws That Affect Relationships Between Educators and Students
The Texas Penal Code defines an offense known as "improper relationship between educator and student," making it a crime for a teacher or other educator to engage in sexual intercourse or sexual conduct with a student at a school where they work. Specifically, the law prohibits these types of relationships with students at elementary schools and high schools, regardless of whether a school is public or private. Notably, college students are not covered by this law, although if a professor or other employee at a college engages in sexual conduct with a student who is younger than 17 years old, they could potentially be charged with an offense such as sexual assault of a child or indecency with a child.