J. Michael Price II
J. Michael Price II - Criminal Defense
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Understanding Texas sex crime laws

Texas sex crimes come in many forms and can lead to serious penalties and prison time if convicted. Many sex crimes follow the guilty throughout his or her lifetime with the "sex offender" label, requiring the offenders to remain on registries and limiting their opportunities for employment and places to reside.

A few offenses under the "sex crimes" umbrella include and are defined as follows:

  • Indecent exposure is the exposure of one's genitals in public;
  • Sexual assault involves the unwanted sexual touching by a person;
  • Rape is the act of non-consensual sexual intercourse committed by force, under duress or the threat of injury;
  • Statutory rape is the act of engaging in sexual relations with a minor or someone under the varying "age of consent," depending on the state where the incident took place;
  • Prostitution is the offering or engagement of sexual acts for money; and
  • Solicitation is the enticement of one person to another to commit a sexual crime, like prostitution.

Convenience store manager shoots two robbers in Dallas area

You never know when or where the next violent crime may take place. Violence occurs throughout the United States, including the Dallas, Texas, area. It could be road rage on the streets, domestic abuse inside your neighbor's home, or a robbery at a convenience store, as evidenced by a recent incident in Oak Bluff, Texas.

Late Wednesday night, March 12, two 30 year old men attempted to rob the Rayyan Exxon on East Illinois Avenue in Oak Bluff. They entered the store at approximately 11:30, shortly before the store was to close down, and began assaulting a clerk. But they were soon in for a surprise as the store manager entered and shot the two men, one in the stomach, the other in the foot. No one else was injured in the incident.

What are the Texas laws regarding kidnapping?

There's no possible way to positively spin the word "kidnapping" to the public, but the law views it in a certain context. When a person in Texas is arrested and charged with the crime of kidnapping, there is the possibility for long-term consequences that go along with a conviction. This is an especially egregious crime when it involves children and leads to allegations of child abduction. Knowing the law and how it views these acts can be beneficial to a person who has been accused of a crime.

Kidnapping occurs when a person is found to have abducted another person. This must be done in an intentional or knowing manner. With this act, there is the possibility of an affirmative defense if evidence shows that it is applicable. This means that if there is a viable reason for the alleged kidnapping to have occurred, there won't be criminal or civil charges. An affirmative defense could be used if the abduction wasn't done with the intention of threatening or using deadly force, if the alleged kidnapper was a relative of the abductee or if the person who committed the alleged kidnapping did so to take lawful control of the victim. If the act is found to be criminal, it is a felony of the third degree.

Formulating a defense against drug charges in Texas

When confronted with drug charges in Texas, there could be serious consequences, including a long jail sentence, massive fines and the stigma of having been involved in drugs and its ancillary implications even after the sentence - if any - has been completed. Often there are people who are caught up in a situation they didn't understand or might have been in the wrong place at the wrong time resulting in the charges.

There are multiple levels of involvement with drugs for which a person can be charged, including distributing banned substances, manufacturing banned substances, possessing them, selling them or trafficking in them. Along with these issues, there will also be money involved. In order to use money that is accrued via drug transactions and not attract attention, it will have to be laundered somehow.

Understanding the law regarding homicide charges in Texas

When a person is arrested for any crime in Texas it is important to do whatever is possible to avoid a criminal conviction. This is especially true when the allegations involve violent crimes. Homicide charges are viewed as among the worst kinds of crimes that can be committed against a person. Knowing the laws of the state and how these acts are classified is important when facing criminal charges. The acts that fall into the category of criminal homicide are murder, capital murder, manslaughter or criminally negligent homicide.

There are numerous subsets of the crime of murder, with varying accompanying punishments in the event of a conviction. There are two categories of murder under Texas law including adequate cause and sudden passion. Adequate cause refers to instances in which the circumstances would create a degree of rage, anger, terror, anger or resentment in a person whose temper would be considered "ordinary." The reasons for the crime could be judged as sufficient to leave the accused's mind incapable of cool reflection. Sudden passion refers to the accused having been provoked by the individual who was killed, or another who was with the person killed, with the passion arising at the time of the act, and it isn't the sole result of prior provocation.

Federal charges for Texas man over alleged false claims

The federal government has its own criminal justice system that operates alongside of Texas' criminal justice system. The federal courts have their own rules of evidence, criminal charges and penalties.

One Texas man is facing federal charges for an alleged real estate scam. According to reports, the 40-year-old man is accused of lying to potential real estate clients about a plan to open up a Disney theme park in north Texas. Prosecutors claim that the man used rumors of a potential Disney park to entice people to purchase land. The man allegedly told people that Disney had plans to open a park called "Frontier Disney" in Texas.

Texas law when it comes to sex crimes

Texas takes sex crimes very seriously, and those who are arrested and charged need to understand the details of the law, when charges can be filed and why. If there is a conviction for a sexual assault charge of any kind, the person who is arrested can face prison time, damage to reputation and other long-term ramifications that don't simply go away. Sex crimes are viewed more harshly than other criminal acts by sheer connotation of what's occurred. This is especially true when children are victimized.

The laws on sex crimes are clear. If a person knowingly or intentionally penetrates the mouth, anus or sexual organ of another without consent, or if the sexual organ of another is forced to penetrate someone else without consent, it is a sexual assault. If this occurs with children, it is also a sexual assault. It will also be considered a criminal act in the event that the alleged perpetrator uses force or violence; threatens force or violence; commits sexual acts on the person while he or she is unconscious and cannot resist; if the victim suffers from a mental issue or defect and cannot resist; if the alleged perpetrator knows that the other person has not consented; or if the perpetrator is a public servant who uses coercion to garner the other person's participation.

Two drivers arrested on drunk driving charges in one incident

Drivers in Dallas need to be aware of the penalties that come with an arrest and conviction on drunk driving charges. Given the seriousness with which driving while intoxicated is treated, a driver who is subject to a police stop and the subsequent investigation for these acts can have his or her entire life turned upside down. Law enforcement is always on the lookout for drivers who might be under the influence. In some cases, the driver inadvertently comes to them.

While law enforcement officers were investigating a driver whom they believed to have been driving while intoxicated, another vehicle crashed into an empty police vehicle; the driver of that vehicle was arrested for being drunk, along with the first driver. This incident happened at about 3:00 a.m. Another vehicle then crashed into a different empty police car, but that driver was not under the influence, so he was only ticketed

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.