Richardson, TX – Criminal Law & The Importance Of Criminal Intent
Criminal Law And The Importance Of Criminal Intent
If you are charged with a criminal case in the state of Texas, then you must be educated in criminal law and the importance of criminal intent. This article will give you an overview.
What Is Criminal Law?
What is criminal law? In the United States, criminal law refers to the rules and regulations that define and punish crimes. Crimes are typically divided into two categories: felonies and misdemeanors. Felonies are serious crimes punishable by imprisonment for more than one year, while misdemeanors are less serious offenses punishable by imprisonment for less than one year.
In Texas, criminal law is codified in the Texas Penal Code. The Penal Code defines the various types of crimes committed in the state and the possible punishments for those crimes.
What Is Criminal Intent?
One of the essential concepts in criminal law is criminal intent. Criminal intent is defined as the intention to do something illegal. It is necessary because, for a person to be convicted of a crime, the prosecution must prove that the defendant had criminal intent when they committed the act.
Types Of Criminal Intent
There are two types of criminal intent: general intent and specific intent.
General Intent and Examples
The general intent is to do any act that is prohibited by law. It does not require the prosecution to prove that the defendant had any specific purpose or goal in mind when they committed the act.
Examples of crimes that require general intent are:
Assault. Texas defines assault as intentionally, knowingly, or recklessly causing bodily injury to another person.
Burglary. Texas defines burglary as entering a building with the intent to commit a felony or theft once inside.
Criminal trespass. Texas defines criminal trespass as entering or remaining on someone else’s property without consent.
DWI (driving while intoxicated). Texas defines DWI as operating a motor vehicle with a blood alcohol concentration of 0.08% or higher.
Possession of marijuana. Texas defines possession of marijuana as having any usable amount of the drug in one’s control, regardless of whether they intended to use it.
Specific Intent and Examples
The specific intent is to do a prohibited act with a particular purpose or goal. The prosecution must prove that the defendant had the clear intent to commit the crime for the defendant to be convicted.
Examples Of Crimes That Require Specific Intent Are:
Arson. Texas defines arson as intentionally or knowingly starting a fire on someone else’s property.
Theft. Texas defines theft as unlawfully taking someone else’s property with the intent to deprive them of it permanently.
Robbery. Texas defines robbery as committing theft while simultaneously using force or threatening to use power against the victim.
Criminal Intent And Mental Health
It is important to note that a person can only be convicted of a crime if they had the required mental state when they committed the act. This means that a person cannot be convicted of a crime if they did not have the required intent, even if they committed it.
For example, a person with schizophrenia who hears voices telling them to commit a crime would not be guilty of that crime because they did not have the required intent. However, a person with schizophrenia who commits a crime while off their medication would be guilty of that crime because they had the intent necessary.
Criminal Intent And Defenses
A criminal law attorney can develop a few defenses that can be used in cases where criminal intent is an element of the crime. The most common reason is self-defense, which can be used when a person commits an act that would otherwise be criminal but did so to protect themselves from harm.
Another defense that a criminal defense attorney can make can be used when a person commits an act that would otherwise be criminal but did so to avoid a greater evil. For example, a person might break into a car to get a child out of the hot sun.
A third defense is duress, which can be used when a person commits an act that would otherwise be criminal but did so because they were threatened with violence if they did not comply.
Finally, intoxication can be used as a defense in some cases. Intoxication could be used as a defense if the defendant was so intoxicated at the time of the crime that they did not have the required intent.
However, intoxication cannot be used as a defense if the defendant voluntarily intoxicated themselves or if the crime does not require intent.
In conclusion, criminal intent is an essential element of many crimes. The defendant’s mental state at the time of the crime is crucial in determining whether or not they can be convicted. A few defenses can be used in cases where criminal intent is an element of the crime, but self-defense is the most common. You can contact criminal defense lawyers from Medlin Law Firm if you need help with your case.
DWI Conviction And Joining The US Armed Forces
Are you worried that the DWI conviction on your record will hinder your chances of joining the US Armed Forces? Continue reading this article to find the answer.
DWI stands for Driving While Intoxicated. It is illegal to operate a motor vehicle with a blood alcohol content (BAC) of .08% or above in all 50 states. However, some states have adopted stricter DWI laws, known as “per se” laws, making it illegal to drive with a BAC of .05% or higher. In Richardson, TX, the statute for DWI is as follows:
“A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.”
The legal definition of “intoxicated” is having a BAC of .08% or higher. However, you can still be charged with DWI if your BAC is lower.08% if it is determined that your ability to operate a motor vehicle has been impaired by alcohol or drugs.
If you are convicted of DWI, you could face the following penalties:
- Up to 180 days in jail
- A fine of up to $2,000
- License suspension for up to 1 year
- Installation of an ignition interlock device
- Completion of an alcohol education or treatment program
Depending on the offense, a DWI conviction will also stay on your driving record for at least three years and ten years. Likewise, having a DWI conviction on your record will limit your future job prospects, as many employers conduct background checks that include driving records.
Joining The US Armed Forces With A DWI Conviction
Now that we have reviewed what DWI is and the potential penalties you could face if convicted, let’s answer the question: can you join the US Armed Forces with a DWI conviction?
The short answer is yes, but it depends on your conviction and your offense’s circumstances. The military looks at each applicant on a case-by-case basis.
Generally, if you have been convicted of DWI within the last three years, you will not be eligible to join the military. If your DWI conviction is more than three years old, you may still be eligible to join, but it will likely require a waiver. If you have more than one DWI conviction, it is doubtful that you will be granted a waiver.
The waiver that you will sign essentially states that you understand that your DWI conviction may result in deployment restrictions and could limit your career options within the military.
Your chances of joining the US Armed Forces will also depend on the severity of your DWI offense. If you were convicted of a felony DWI, your chances of joining the military are slim to none. A misdemeanor DWI is more likely to result in a waiver being granted than a felony DWI, but keep in mind that each case is decided individually.
If you are interested in joining the military but have a DWI conviction on your record, the best thing is to speak openly about it with a recruiter to discuss your options.
The US Armed Forces take DWI convictions seriously because they want to ensure that their members are of sound mind and body. Drinking and driving endanger your life, but it also endangers the lives of others. However, whether or not you have a DWI conviction is only one aspect of the recruitment; the US Army recruiter will still evaluate your strengths in other areas such as :
- Moral character
- Medical history
- Employment history.
Reach Out To A Seasoned DWI Defense Attorney
A seasoned DWI defense attorney can help you navigate the process of joining the military with a DWI conviction. The Medlin Law Firm has successfully represented clients facing DWI charges in Richardson, TX. They will review the facts of your case and advise you on the best course of action. Contact them today to schedule a consultation.
DUI Laws And Their Harshness In Texas
There is a famous saying that “everything is bigger and tougher in Texas.” This may be the case in several areas, but Texas is not at the top of the list regarding DUI laws and penalties. Please continue to read this article to find out how harsh Texas deals with DUI offenses and how it compares with other states.
Arizona is the harshest state regarding first-time DUI offenses, where the penalties can include up to 6 months in jail and a $2,500 fine. In contrast, Texas punishes first-time DUI offenders with a Class B misdemeanor, which is punishable by up to 180 days in jail and a $2,000 fine.
However, Texas does move up the ranks regarding subsequent DUI offenses. In Texas, a second DUI offense is classified as a Class A misdemeanor, which is punishable by up to 1 year in jail and a $4,000 fine. If an offender has two or more prior DUI convictions, they can be charged with a felony, which is punishable by 2-10 years in prison and a $10,000 fine.
How Texas Defines Drunk Driving Or Driving Under The Influence
Texas laws define drunk driving or driving under the influence (DUI) as operating a motor vehicle in a public place while impaired by alcohol or drugs.
The state considers you impaired if your blood alcohol concentration (BAC) is .08% or higher. If you’re caught driving a private vehicle with a .08% or higher BAC, you face DUI charges. The BAC limits are significantly lower if you are driving a commercial car.
If you’re found to be driving under the influence of drugs, you will be charged with a DUI. It doesn’t matter if the drug is legal or illegal. The prosecution only needs to show that the drug-impaired your driving ability.
Penalties For Drunk Driving In Texas
The penalties for a DUI in Texas depend on several factors, including:
- Your BAC level
- If you have any prior DUI offenses
- If anyone was injured or killed as a result of your drunk driving
For a first offense, you face a fine of up to $2,000 and 180 days in jail. You may also have your driver’s license suspended for up to 1 year. If your BAC was .15% or higher, or if you had a passenger under the age of 15 in your vehicle, you face enhanced penalties, and your DUI charge is elevated to a felony.
A second DUI offense is punishable by a fine of up to $4,000 between 30 days and one year in jail. Your driver’s license will also be suspended for up to 2 years.
A third DUI offense is a felony. You face a fine of up to $10,000 and between 2 and 10 years in prison. Your driver’s license will also be suspended for up to 2 years.
If you’re facing enhanced penalties, you may be required to install an ignition interlock device (IID) on your vehicle. An IID prevents your car from starting if it detects alcohol on your breath.
Texas also has a “no refusal” policy for DUI suspects. If you refuse to submit to a chemical test, law enforcement can get a warrant for your blood. If your blood tests are above the legal limit, you face the same penalties as if you had submitted to the test and failed.
What To Do When Faced With A DUI Charge
DUIs are taken very seriously in Texas. If you’re facing DUI charges, it’s essential to contact an experienced DUI attorney right away. An attorney from the Medlin Law Firm can help you understand the charges against you and work to get the best possible outcome in your case.
Assault And Battery Laws And How They Differ In Texas
Assault and battery are two words that are always used together. In most state laws, these terms are used interchangeably. However, in Texas, there is a distinction between the two. If you want to know how Texas handles assault and battery cases, then continue reading this article.
What Is Assault And Battery According To Texas Laws?
Under Texas law, assault is defined as:
“Intentionally, knowingly, or recklessly causing bodily injury to another person, including the person’s spouse.”
The definition of battery is:
“Intentionally or knowingly causing physical contact with another person when the person knows or should reasonably believe that the other person will regard the contact as offensive or provocative.”
To sum it up, assault is a crime against someone that results in them being physically harmed in some way. On the other hand, battery is a crime against someone that involves making physical contact with them that could be considered offensive.
What are the Different Types of Assault and Battery Charges in Texas?
There are three different types of assault and battery charges in Texas:
Class C Misdemeanor Assault
This is the most minor severe type of assault charge in Texas. If you are convicted of a Class C misdemeanor assault, you could face a fine of up to $500. One example of a Class C assault charge is if you spit on someone.
Class A Misdemeanor Assault
A Class A misdemeanor assault is more severe than a Class C misdemeanor. If you are convicted of a Class A misdemeanor, you could face up to one year in jail and a fine of up to $4,000. An example of a Class A misdemeanor assault is if you cause bodily injury to another person by choking them.
Third-Degree Felony Assault
This is the most severe type of assault charge in Texas. If you are convicted of a third-degree felony assault, you could face 2-10 years in prison and a fine of up to $10,000. An example of a third-degree felony assault is if you cause serious bodily injury to another person by using a deadly weapon.
What Is Aggravated Assault?
In Texas, aggravated assault is a more severe charge than common assault. Aggravated assault is defined as:
“Intentionally, knowingly, or recklessly causing serious bodily injury to another person, including the person’s spouse.”
An example of aggravated assault is if you shoot someone with the intent to kill them. Texas laws punish aggravated assault with a 2-20 years prison sentence.
Are You Liable For Damages If Charged With Assault And Battery?
If you are charged with assault and battery in Texas, you could be liable for damages. This means that the victim of the assault and battery could file a civil lawsuit against you and receive compensation for their injuries. However, the victim will need to prove that you were at fault for the assault and battery and that your actions caused the damage.
What Should You Do If You Have Been Charged With Assault?
If you have been charged with assault, you must contact a criminal defense lawyer as soon as possible. You may pay a hefty fine without a good defense and spend time in jail. Likewise, you may also be liable for damages claimed by your accusers. A criminal defense lawyer will be able to review the facts of your case and help you build a strong defense. With an experienced attorney by your side, you could avoid jail time and keep your record clean.
The Medlin Law Firm has experienced assault defense attorneys that will do everything in their powers to help you achieve the best possible outcome in your case. Contact them today for a free consultation.
Drug Crimes Lawyer: When You Need One
If you are charged with a drug crime, you must have a lawyer present. Your lawyer will be able to guide you through every step of the legal process and ensure that your rights are protected. Read this article to determine when you will need a lawyer if you are charged with drug crimes.
A criminal defense attorney is an essential asset if you have been charged with a drug crime. The consequences of a conviction can include imprisonment, fines, and a criminal record. A lawyer can help you navigate the criminal justice system, protect your rights, and defend you against the charges.
In Texas, drug crimes are prosecuted under state and federal law. Drug crimes can be classified as misdemeanors or felonies, depending on the type and amount of drugs involved. The penalties for a drug crime conviction can vary depending on the classification of the offense.
Misdemeanor drug offenses carry a maximum sentence of one year in jail and a fine of $4,000. Felony drug offenses can result in imprisonment for two years or more and penalties for someone you hope you never need, but you need the best criminal defense lawyer you can find if you’re facing drug charges in Texas.
When You Need A Lawyer For A Drug Charge
If you’ve been charged with a drug crime, you should first contact a criminal defense lawyer. It is best to comply with the arresting officer when you get arrested. However, it would be wise to remain silent until your drug crimes defense attorney is present.
A lawyer can evaluate your case and help you understand the charges against you and the possible penalties. If you decide to go to trial, your lawyer will be able to represent you in court and help you present your defense. Your lawyer will look for the following conditions to form a solid defense for you in court.
Unlawful Search and Seizure. If the police searched your home or vehicle without a warrant or probable cause, any evidence they seized might not be admissible in court. Your lawyer can file a motion to suppress evidence that was illegally obtained.
Illegal Arrest. If you were arrested without probable cause, your arrest might be unlawful. Any evidence seized due to the wrongful arrest may not be admissible in court.
Improper Testing. If the drugs seized by the police were not tested properly, then the results of the tests may be inaccurate. If the test results are wrong, the charges against you may be dropped.
Inaccurate Witnesses. If the witnesses against you are not credible, their testimony may not be admissible in court. Your lawyer will investigate the witnesses to determine if they are reasonable.
Entrapment. If the police induced you to commit a crime, you might be able to claim entrapment. This is a valid defense if you can prove that you would not have committed the crime if the police had not convinced you.
Duress. If you committed a crime because you were threatened with violence, you might be able to claim duress. This is a valid defense if you can prove that you would not have committed the crime if you had not been threatened.
Even if you are guilty of the charges against you, a drug crimes lawyer can help you negotiate a plea agreement with the prosecutor. A plea agreement can result in a lesser charge or a lighter sentence. If you are innocent of the charges, a lawyer can help you prove your innocence in court.
Criminal lawyers at the Medlin Law Firm have experience representing clients who have been charged with drug crimes. They will investigate the charges against you and work to get the best possible outcome for your case.
Felony Crimes Punishable By Life Imprisonment
If you are wondering which felony crimes will get an automatic life sentence in the State of Texas, then you should continue reading this article.
A felony is a serious crime punishable by death or imprisonment for more than one year. In the United States, felonies are divided into four classes, with Class A felonies being the most serious and punishable by life imprisonment or death.
The following are examples of felony crimes:
Murder. According to Texas Laws, murder is a felony of the first degree. This includes killing another person intentionally or knowingly. The punishment for this crime is 5 to 99 years in prison or life imprisonment.
Rape. Rape is a felony of the second degree in Texas and is punishable by 2 to 20 years in prison.
Kidnapping. Kidnapping is a felony of the third degree in Texas and is punishable by 2 to 10 years in prison.
Arson. Arson is a felony of the first degree in Texas and is punishable by 5 to 99 years or life imprisonment.
Burglary. Burglary is a felony of the second degree in Texas and is punishable by 2 to 20 years in prison.
Robbery. Robbery is a felony of the second degree in Texas and is punishable by 2 to 20 years in prison.
Theft. Theft is a felony of the third degree in Texas and is punishable by 2 to 10 years in prison.
Assault. Assault is a felony of the third degree in Texas and is punishable by 2 to 10 years in prison.
Possession of a controlled substance. Possession of a controlled substance is a felony of the first degree in Texas and is punishable by 5 to 99 years or life imprisonment.
Manufacturing or delivering a controlled substance. Manufacturing or delivering a controlled substance is a felony of the first degree in Texas and is punishable by 5 to 99 years or life imprisonment.
In the United States, felony crimes are punishable by a fine of up to $250,000, imprisonment for more than one year, or both. The punishment for a felony depends on the classification of the felony and the state in which it was committed. Class A felonies are the most serious and are punishable by life imprisonment or death. Class B felonies are punishable by up to 25 years in prison. Class C felonies are punishable by up to 10 years in prison. Class D felonies are punishable by up to 5 years in prison. Class E felonies are punishable by up to 3 years in prison.
Which Felony Cases Get an Automatic Life Sentence?
In the United States, a few felony cases get an automatic life sentence. These felony cases include:
Murder of a law enforcement officer. Killing an officer of the law is a felony that gets an automatic life sentence.
Murder during a drug deal. If someone is killed during a drug deal, the person responsible can get an automatic life sentence.
Terrorism. Committing an act of terrorism is a felony that can get an automatic life sentence.
Murder of more than one person. If someone kills more than one person, they can get an automatic life sentence.
Capital murder. Capital murder is defined as a murder committed during the commission of another felony. This felony gets automatic life imprisonment.
What Happens if You Commit a Felony?
If you commit a felony, you will likely go to prison. The length of time you spend in jail will depend on the severity of the felony and the state in which it was committed. You may also have to pay a fine and be placed on probation. If you are placed on probation, you will be required to follow specific rules and regulations. If you violate the terms of your probation, you may be required to serve your prison sentence.
If you are charged with a felony, it is best to contact a felony attorney in Texas right away. The criminal defense attorneys at The Medlin Law Firm have experience handling felony cases and can help you understand your rights and options. Contact them today to schedule a consultation.
Theft And The Reasons Why People Steal
Have you ever left something that you consider useless out in your yard to notice it missing the following day? If you have ever wondered why people will steal that junk, then this article will give you an insight into why people steal. Even if what they took has no value to you, it might have significant value to them.
According to Texas State Laws, the definition of theft is “the unlawful appropriation or taking of someone else’s property with the intent to deprive the rightful owner of it.” In other words, theft is when somebody takes something that doesn’t belong to them without permission and keeps it. Texas classifies theft into three main categories: petty theft, grand theft, and burglary.
Petty theft is committed when somebody appropriates property worth less than $750. On the other hand, Grand theft is committed when somebody claims property worth more than $750. The value of the property stolen will determine whether the offense is petty or grand theft. On the other hand, burglary is committed when somebody breaks into a building intending to commit a felony or a theft once inside.
Reasons Why People Steal
There are several reasons why people steal. Some of these reasons include:
Poverty. Poverty is one of the leading causes of theft. Impoverished people often resort to stealing to make ends meet or to get by.
Peer Pressure. Another reason why people steal is peer pressure. People may feel pressured by their friends or peers to steal to fit in or be accepted.
Entitlement. Some people may feel entitled to take what they want, regardless of whether it belongs to someone else. They may rationalize their actions by thinking that the person who owns the property can afford it or that they deserve it more than the rightful owner.
Necessity. This is one of the most common reasons people commit theft. People who steal due to conditions do so because they need money or food and see no other way to get it.
Greed. Some people are simply greedy and will take what does not belong to them without thinking twice about it. They do not care about the consequences of their actions and are only interested in satisfying their own needs.
Revenge. People might also steal out of revenge. This could be in response to somebody stealing from them or because they feel that they have been wronged somehow.
Psychological Reasons. Some people steal because of psychological reasons. They might do it to feel power or control over somebody else. Or they might do it to relieve boredom or stress.
Boredom. Some people steal simply because they are bored and there is nothing else for them to do. They might see it as a way to pass the time or as a way to get a thrill.
Profit. Finally, some people steal because they know that they can make a profit from it. They might sell the stolen items or use them themselves.
In 2017, there was a case of a woman who was caught on camera stealing money from a tip jar at a local restaurant. The woman claimed that she was going through a tough time and needed the money to feed her children.
These are just some examples of theft cases in Richardson, Texas. There are many more cases that have not been mentioned here. But the main point is that people steal for many different reasons. Some do it out of necessity, while others do it out of greed. And still, others do it for revenge or because of psychological reasons. Whatever the reason, theft is a crime and should be dealt with accordingly.
Getting Counsel Against A Theft Charge
Theft is a serious offense and can have consequences that last a lifetime. If you are caught stealing, you could face jail time, a fine, or both. In some cases, you might also be required to pay restitution to the victim of your crime.
If you face theft charges, it is essential to speak with an experienced criminal defense attorney from the Medlin Law Firm who can help you navigate the legal system and protect your rights.
Domestic Violence In Same-Sex Relationships
Domestic violence is a serious problem in the state of Texas. Every year, thousands of people are affected by domestic violence. Since same-sex marriages are legal in Texas, is domestic violence in same-sex relationships treated the same? Continue reading this article to find the answer.
Domestic violence can take many forms, including physical abuse, sexual abuse, emotional abuse, and economic abuse.
Physical abuse is any assault that causes bodily harm to another person. This can include hitting, kicking, punching, choking, or using a weapon against someone. Aggravated domestic assault is a more severe form of physical abuse that involves causing severe bodily injury to another person or using a deadly weapon during an assault.
Continuous violence against the family is when someone commits two or more acts of domestic violence against a family member within 12 months. Violation of a protective order is when someone violates an order issued by a court to protect a victim of domestic violence.
What Are The Penalties For Domestic Violence?
Penalties for domestic violence vary depending on the severity of the offense and whether the offender has any prior convictions. Penalties can range from a Class C misdemeanor, punishable by a fine of up to $500, to a first-degree felony, punishable by 5 to 99 years in prison.
Domestic Assault. Domestic assault charges may fall under misdemeanor or felony. Class C misdemeanor assault is punishable by a fine of $500. However, if the victim was injured, the case is elevated to a Class A misdemeanor punishable by one year of jail time and a $4,000 fine. If the victim was a family member and the offender has two previous convictions, it is a third-degree felony punishable by 2 to 10 years in prison and a $10,000 fine.
Aggravated Domestic Assault. Aggravated domestic assault is a first-degree felony punishable by 5 to 99 years in prison and a $10,000 fine.
Continuous Violence Against the Family. Continuous violence against the family is a third-degree felony, punishable by 2 to 10 years in prison and a $10,000 fine.
Violation of Protective Order. Violation of a protective order is a Class A misdemeanor, punishable by one year of jail time and a $4,000 fine; however, if the offender has two previous convictions, a third-degree felony is punishable by 2 to 10 years in prison and a $10,000 fine.
Is Domestic Violence In Same-Sex Relationships Treated Differently?
Same-sex marriages became legal in Texas in 2015, so domestic violence in same-sex relationships is treated the same as domestic violence in opposite-sex relationships. According to Texas State Laws, the penalties are the same, and victims have the same legal rights and protections.
Under the U.S. Federal Law, victims of same-sex domestic relationships have the same rights and protections as opposite-sex domestic relationships. The Violence Against Women Act (VAWA) protects all victims of domestic violence, regardless of their sexual orientation or gender identity.
What Are The Warning Signs Of Domestic Violence?
There are many warning signs of domestic violence. If you are in a relationship with someone who exhibits any of these behaviors, it is essential to get help:
- Jealousy or possessiveness.
- Isolating you from your friends or family
- Controlling your finances
- Making decisions for you
- Physical violence
- Threatening violence
- Verbal abuse
Getting Counsel For Domestic Violence Charge
If you are charged with domestic violence, whether or not you belong to the LGBTQ community, you need the help of an attorney with extensive experience handling these types of cases. At The Medlin Law Firm, they understand how to aggressively defend against domestic violence charges and work tirelessly to get the best possible outcome for their clients. They offer a free consultation to discuss your case, so please contact them today.
Misdemeanor Sample Cases In The State Of Texas
If you have been charged with a misdemeanor in Texas, it is essential to understand what this means and your options. This article will give you the different types of misdemeanors, and a sample of cases tried in Texas.
A misdemeanor is a less severe crime than a felony, but it can still carry significant penalties. In some cases, a misdemeanor charge may be upgraded to a felony charge depending on the circumstances.
Some common examples of misdemeanors in Texas include:
Driving while intoxicated (DWI). Texas defines DWI as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or higher. A first offense DWI is typically charged as a Class B misdemeanor, which carries a penalty of up to 180 days in jail and a fine of up to $2,000.
Possession of marijuana. Possessing two ounces or less of marijuana is typically charged as a Class B misdemeanor in Texas, punishable by up to 180 days in jail and a fine of up to $2,000.
Assault. Assault is generally charged as a Class A misdemeanor in Texas, punishable by up to one year in jail and a fine of up to $4,000. However, assault can be charged as a felony if it results in serious bodily injury or if a deadly weapon is used.
Criminal Trespass. Criminal trespass is typically charged as a Class B misdemeanor in Texas, punishable by up to 180 days in jail and a fine of up to $2,000. However, if the trespasser enters a habitation (a dwelling), it can be upgraded to a felony charge.
If you have been charged with a misdemeanor, it is essential to consult with an experienced criminal defense attorney who can help you understand your rights and options. Depending on the facts of your case, there may be defenses available that could result in the charges being dismissed or reduced. For example, if the police did not have probable cause to stop you or search you, any evidence they obtained, as a result, may be suppressed. This could weaken the prosecution’s case against you and lead to a dismissal of the charges.
Some Examples of Misdemeanor Cases In Texas
Each case is unique, and it is essential to discuss your specific situation with an attorney. The following are just a few examples of cases that have been tried in Texas:
In 2013, a man was charged with misdemeanor DWI after he rear-ended another car while driving home from a bar. The man’s BAC was 0.15, nearly twice the legal limit. He pleaded guilty and was sentenced to two years’ probation and ordered to pay a $2,000 fine. He also had his driver’s license suspended for 180 days.
In 2014, a woman was charged with misdemeanor assault after fighting with her roommate. The woman pleaded guilty and was sentenced to one year of probation and ordered to pay a $500 fine.
In 2015, a man was charged with misdemeanor criminal trespass after entering his neighbor’s house without permission. The man pleaded guilty and was sentenced to one year of probation and ordered to pay a $500 fine. He was also ordered to stay away from the victim’s property.
Hiring A Misdemeanor Lawyer In Texas
If you are convicted of a misdemeanor, you may face jail time, probation, fines, or all of the above. In some cases, you may be able to get your charges reduced or dismissed if you complete a court-ordered program or meet other conditions. If you face misdemeanor charges, you must speak with a qualified criminal defense lawyer who can help you understand your rights and options.
The Medlin Law Firm has successfully represented clients charged with misdemeanors in Texas. Medlin has attorneys who have the experience and knowledge to defend your rights aggressively. Contact them today for a free consultation.
Marijuana Possession Conviction And Possible Alternatives To Jail Time
How strict is the statute of Texas against marijuana possession? Will you spend time in jail if convicted of marijuana possession, or are there alternatives to jail time? Please continue reading this article to find the answers.
There are many possible marijuana possession convictions an individual might face. A marijuana possession conviction can result in a criminal record, leading to difficulties obtaining housing, employment, and education opportunities. Even after an individual has served their sentence, a marijuana possession conviction may still have negative consequences.
According to US Federal Laws, marijuana possession is a crime. The US Federal Government’s Statute on marijuana possession states that it is illegal to possess, use, cultivate, manufacture, or distribute marijuana.
If you are convicted of marijuana possession, you may face jail time. The amount of time you may spend in jail will depend on the state you were convicted of and the severity of the charge. In some states, marijuana possession is a felony offense, while it is classified as a misdemeanor in others.
Marijuana Possession Conviction In Texas
To fully understand Texas’s statute regarding marijuana, it is first necessary to differentiate the legal and illegal strains. Legal marijuana in Texas refers to low-THC cannabis, also known as hemp. Hemp is defined as a cannabis plant that contains 0.3% or less tetrahydrocannabinol (THC). On the other hand, illegal marijuana in Texas is any cannabis plant with more than 0.3% THC.
Possession of illegal marijuana is a criminal offense in Texas, and it is classified as a misdemeanor. The penalties for marijuana possession depend on the amount of marijuana an individual is caught with. For example, if an individual is caught with two ounces or less of marijuana, they may be subject to a fine of up to $2,000 and 180 days in jail. However, if an individual is caught with more than two ounces of marijuana, the penalties become more severe and may include up to a $10,000 fine and two years in jail.
First Offense. If it is your first offense and you are caught with marijuana in Texas, you may be eligible for probation. Probation is when you will be monitored by the court and required to complete certain conditions, such as drug counseling and community service. If you violate the terms of your probation, you may be required to serve jail time.
Second Offense. If you are caught with marijuana a second time in Texas, you may be required to serve jail time. The amount of time you may spend in jail will depend on the severity of the charge.
Alternatives To Jail Time
If you face a marijuana possession charge in Texas, you may be able to avoid jail time by completing a drug diversion program. Drug diversion programs are designed to help first-time offenders and non-violent offenders prevent the consequences of a criminal conviction. These programs typically require participants to complete drug education classes and community service hours. If you complete the drug diversion program, your marijuana possession charge will be dismissed.
Expunging Your Record
In Texas, you may be eligible to have your criminal record expunged. Expungement is the process of sealing your criminal record from public view. Once your form has been deleted, potential employers and landlords will not be able to see that you have been convicted of a crime. To be eligible for expungement, you must meet specific requirements, such as completing your sentence and staying out of trouble for some time.
If you have been charged with marijuana possession, it is essential to seek legal assistance. An experienced marijuana possession defense attorney will be able to help you understand your rights and options under the law and can get you qualified for alternative punishments aside from spending time in jail.
The people inhabiting Richardson in the 1840s were Indian Tribes (Comanche and Caddo). During those times, people from Tennessee as well as Kentucky started coming in too. Several of the early families settled in what became known as Breckinridge. The community, which was located near what is now Richland College, included a general store, a smith shop, and the Floyd Inn.
Following World War II, the city witnessed a significant rise in population. By 1950, the city had a population of about 1,300 people. Residents now have access to additional municipal services such as emergency ambulances, police protection, and parks and leisure facilities.
40% of Richardson’s houses were constructed any time between 1970 and 1980. While residential growth halted in the 1980s, the city’s business development expanded. Approvals for commercial site plans had a rise in 1984, with approvals totaling more than 5 million square feet.
Richardson is a conveniently positioned town, that is why it is a famous stop for a lot of tourists. It has access to places in every point through major highways and the DART system.
With the globally known play Wildflower!, the city has a statewide reputation as a terrific location to watch the show. The highly reputable Cottonwood Arts Festival also is a sight to see. It is celebrated every first weekend of May and October.
Richardson has been regarded as one of the best performing arts centers servicing the Dallas/Fort Worth area by customers, consumers, and the media since the Eisemann Center opened in September 2002. Not only have events held in the Eisemann Center received critical acclaim, but so has the structure and its architectural architecture. There’s also a variety of entertainment and leisure activities available for Richardson residents and tourists all year.
Richardson is renowned for cuisines encompassing from coast to coast, as well as outstanding restaurants dishing you real sensations you’ll enjoy. Local favorites from China, Israel, Vietnam, and Korea, to mention a few, may be found in Eater Dallas’ 14 Essential Richardson Restaurants.
Cottonwood Art Festival
Since its inception in 1969, the award-winning art festival has been a Richardson favorite and has evolved to become a top art event in North Texas. With just one step into the festival, you’ll be able to spend hours browsing among the many displays. There’s a new experience around every turn, they showcase limited edition works in paintings, handcrafts, and many more.