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Texas Family Violence Charges: Enhancement for Family Violence

[vc_row triangle_shape="no"][vc_column][vc_column_text] Some people get their family violence charge reduced to a class C assault ticket. While the reduction probably felt good at the time, WATCH OUT! Even if the court orders deferred adjudication for the ticket, THEY CAN STILL USE IT TO ENHANCE A FUTURE CHARGE. Similar to the Fake DWI Deferred Adjudication, even placement on deferred adjudication for an assault counts as a “conviction” under the law.  That is why it important to know all your options before deciding what you want to do with your case.  While a plea may seem like a quicker and easier route, trial may be...

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Family Violence: What Are My Options?

[vc_row triangle_shape="no"][vc_column][vc_column_text] Are you kidding me? She called the police because she was mad. Now the police arrested me for Family Violence. Do I need an assault lawyer? (to simplify, I use "she" as an example, but this applies to “he” all the same) Sometimes, calling the police to settle a relationship dispute can lead to bigger problems down the road. Call the police when you encounter a real issue such as burglary or assault. AVOID CALLING THE POLICE BECAUSE YOU ARE UPSET AND ONLY WANT THE POLICE TO INTERVENE. If there is an allegation of assault, the chances of jail time...

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COVID-19, Violent Offender Release

The News reports that jails are releasing inmates due to COVID-19.  Is this true? Yes. Reports have confirmed that inmates in Harris County, Dallas County, some Texas prisons and a juvenile detention center have tested positive for COVID-19. This is a problem due to increased community spread in the jail environment. In addition to putting inmates’ health in danger, COVID 19 community spread endangers the lives of the jail and prison staff and adds more pressure to the hospital community.   Are jails and prisons releasing inmates due to COVID-19? Yes. This is not a blanket wide release of everyone in jail or prison....

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BEWARE: Increased Penalties During a State of Emergency

Texas Penal Code section 12.50 provides that penalties increase for certain offenses when committed during a state of emergency. Due to the unexpected outbreak of Covid-19 (Coronavirus), we are currently in a state of emergency! When the President of the United States or the Governor declares a state of emergency, this provision goes into effect.  Texas Governor Abbott declared the Coronavirus a state of emergency on March 13, 2020 (https://gov.texas.gov/news/post/governor-abbott-declares-state-of-disaster-in-texas-due-to-covid-19). Specifically, the following crimes under the Texas Penal Code jump a penalty grade:   22.01 Assault 28.02 Arson 29.02 Robbery 30.02 Burglary 30.04 Burglary of a Vehicle 30.05 Criminal Trespass 31.03 Theft Increased...

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