J. Michael Price II
J. Michael Price II - Criminal Defense
Aggressive, experienced and trusted Criminal Defense Attorney
  • Criminal Law Specialist certified by the Texas Board of Legal Specialization
  • Board Certified Criminal Trial Lawyer by the National Board of Legal Specialty Certification
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What acts will lead to assault charges in Texas?

When a person is arrested and charged with assault in Texas, it's imperative that he or she understands what it was that happened that led to the accusations in order to formulate a strong defense. State laws are clear as to what constitutes an assault and the various levels that can lead to lesser and more significant charges and penalties. A person will be charged with assault under a number of circumstances. One is if he or she commits bodily injury to another person recklessly, knowingly or intentionally. Another is if the individual threatens imminent injury or causes physical contact with another when it can be viewed as provocative or offensive. This includes acts involving spouses.

The acts listed above are a Class A misdemeanor. If, however, the act is committed against a public servant performing an official duty, a person who meets the criteria of the state family code and if there was a prior offense or that offense was committed recklessly, knowingly or intentionally and breathing or circulation was stopped via blocking of the mouth or nose or pressuring the throat, it will be a third-degree felony. Other instances leading to a felony will be if the person is contracted by the government to perform certain services under the law and it happens while the person is engaged in performing the service under terms of the contract or if it is in retaliation of an employee's performance.

What are Texas laws regarding possession of drug paraphernalia?

When people are considering the potential problems from drug charges in Texas, they are often under the misconception that they only relate to actual drugs being in their possession. In truth, the possession of drug paraphernalia is also illegal in the state and could lead to charges being filed. Even if a person doesn't have actual drugs, the state laws are specific as to what constitutes illegality with possessing drug paraphernalia. While the following post is for general informational purposes only, it should provide readers with a better understanding about the laws regarding drug paraphernalia in Texas.

When discussing drug paraphernalia, knowing what the term means is paramount. It references products, equipment or materials that are utilized or the intention is to utilize them to prepare, test, analyze or package drugs, among other activities. Included in this law is possessing a kit that is used to grow, harvest, plant or cultivate a plant that yields a controlled substance. It also includes compounds, mixtures, materials, kits or items to prepare for use to manufacture, compound, convert or produce a controlled substance.

Important facts about drunk driving charges in Texas

Drivers in Texas who are facing drunk driving charges need to understand the basis upon which those charges will be filed. If a law enforcement officer stops a vehicle for suspicion of DUI, tests will be conducted to determine whether or not the driver surpasses the legal limit of alcohol in the system. There are various factors that go into how much alcohol a person can consume before they will be above the legal limit. The state takes the act of DUI very seriously and has the accompanying rules and costs for those who are above the legal BAC level and convicted for it.

Many issues go into how much alcohol affects an individual. The amount of drinking that has occurred, whether there is food in the stomach, size and body weight all contribute. A person with a BAC level of 0.08 percent or above will face drunk driving charges. Fines will be assessed if there is an open container of alcohol in the vehicle and this applies to drivers and passengers. Drivers who have a child -- under the age of 15 -- as a passenger, there will be harsher costs than for a simple DUI.

Man arrested for allegations of having sex with teen

Being arrested in Dallas can cause numerous problems for the person who is facing prosecution no matter what the charges are. When the charges involve sex crimes, there is a stigma attached to the mere allegations even before the trial commences. If the charges involve children with accusations of child sexual abuse, the damage to reputation and potential of a destroyed personal life can be so long-lasting that the person's existence will never be the same. This is why it's important to lodge a strong defense.

A 39-year-old man was arrested for sexual assault after allegedly engaging in a sexual relationship with a teenage girl. The man was living in the girl's home with her and her family and is accused of having sex with her over a six month period in 2013 when she was 15. After he moved out, the girl stopped going to school and ran away to be with him. They lived together in various locations for a year. The now-17-year-old became pregnant and had the man's baby. The girl returned home and the man was arrested.

Remember your constitutional rights if arrested in Texas

Law enforcement agencies and prosecutors in the state of Texas vigorously pursue drug charges. Unlike many other states, Texas does not recognize the legality of medical marijuana.

Every Texas resident has constitutional rights that protect them in certain situations. Concerning many drug arrests, both the Fourth and Fifth Amendments to the Bill of Rights of the United States Constitution are applicable.

Texas woman released after spending 7 years in jail for murder

There is a famous saying in criminal law which points out that it is better to let ten guilty people go free than to send one innocent person to jail. Called Blackstone's formulation, this saying is tied to the presumption of innocence, which urges courts across the nation -- including here in Texas -- to consider innocence over guilt when hearing evidence during criminal trials.

This saying could prove applicable in a case out of Nueces County in which a Texas woman was convicted of capital murder for the death of her foster son despite her insistence of innocence. As some of our Dallas County readers may know already, the 37-year-old woman was convicted back in 2007 for the death of the 4-year-old foster boy. Although prosecutors accused her of feeding the child a mixture that ultimately led to sodium poisoning, she was instead "found guilty of neglecting to seek help quickly enough."

Are self-driving cars one way to prevent drunk-driving charges?

When Google introduced its prototype for the first self-driving car, the tech company launched society into a technological generation filled with new possibilities for people all over the world. But even though this vehicle could reduce the number of car accidents that occur each year and give people with disabilities the opportunity to drive places, it also raises a number of legal questions as well.

Posed in this week's blog post title is one such legal question that could be on the minds of our readers right now. That's because our Dallas readers know that even a single DWI can have a negative impact on a person's driving record. Once this first DWI in on your record, every DWI conviction after that incurs even more serious penalties. This puts more emphasis on finding the best way to avoid the crime before it is committed.

Arizona v. Youngblood: the case that highlighted DNA exonerations

There are several cases that have come along in our history that tend to stand out above the rest.  Oftentimes, this is because the decisions made in these cases can have an overarching and lasting impact on other cases, even if they are being handled by a completely different jurisdiction.  For those of our Texas readers old enough to remember, this was the case with Arizona v. Youngblood.

To recap the case for those who may be unfamiliar with it, Arizona v. Youngblood was an appeal in 1988 to the Court of Appeals of Arizona in which a man, who had been convicted of sexual assault, child molestation and kidnapping, tried to prove his innocence by pointing out the failure by police to properly preserve DNA evidence in the case.  For years, the courts went back and forth on whether his conviction should be overturned, nearly ending with the U.S. Supreme Court decision to maintain the conviction.

Tips for Dallas residents on enjoying holiday parties responsibly

Holiday parties are gearing up all over Dallas. Office parties, family get-togethers and celebrations all usually involve alcohol. Below are a few tips for those throwing and attending holiday parties this season in order to avoid tragedy or arrests for drunk driving.

When hosting parties, make sure that:

Texas man arrested on child porn charges in strange case

A bizarre case involving child pornography is unfolding in Fort Worth. One obscene photo uploaded to Instagram triggered an investigation that led them to a 28-year-old man who authorities claim has admitted to molesting at least 100 children and owning thousands of illegal child porn images.

The man was arrested this month in Fort Worth and remanded later to federal custody. According to the U.S. attorney, he has been charged with transporting and shipping child pornography.