Tag Archives: Texas

Defending You: Houston Domestic Violence Charges

Domestic violence or family assault refers to any form of abuse by one person against another in any relationship. Houston criminal defense lawyers have their hands full defending the accused parties in these cases.

The most commonly acknowledged form of family violence is physical, and for this reason, most people think that such abuse targets the weaker individual. However, it’s important to note that domestic abuse comes in various forms; from sexual to physical, emotional, psychological, economical and verbal threats of physical injury. Anyone can be a victim regardless of age group, gender, ethnicity and social groupings. There have been numerous cases of children, cohabitants, spouses and dating partners being victims. The result is traumatized individuals and broken families.

The Best Criminal Defense Lawyer in Houston

Bennett & Bennett • 713-224-1747


Top Houston defense lawyer lawyer Mark W. Bennett has defended hundreds of Houstonians accused of family violence related criminal offenses in Harris County.

Violence is shunned upon by societal morals and by law. In the state of Texas, it is illegal with several statutes covering the entire spectrum. Most laws in the U.S. against domestic violence are state laws varying from state to state. They’re not only constituted to improve how the victim is treated after the trauma but to aid in apprehending and prosecuting the perpetrators of violence.

Domestic assault law provides the criminal guidelines for punishing those who cause any form of harm, physical or otherwise, to others with whom they share a home or other close relationship. The degree of punishment, like most assault cases, is determined by intent. If there’s proof of intent to commit the assault, the punishment is harsher than when the strike results from reckless conduct. For instance, knocking someone down while running through a congested street can be termed as violence albeit unintended.

Acts that are perceived as upsetting or offensive, without causing actual physical harm might seem minor but are classified as an assault by provocative or offensive contact. They’re all prosecuted under Texas Penal Law. Depending on whether the perpetrator has or hasn’t been convicted of similar offenses in the past, the crime is classified as a third-degree felony or Class A misdemeanor respectively.

According to the Texas penal code, domestic violence is not just limited to legal or genetic family members. Its laws not only apply to current or past dating partners, spouses and close relatives, but also to those residing in the same household related by blood or affinity.

There are three crimes classified as domestic or family attacks in Texas: aggravated domestic attacks, domestic attacks and general continual violence in the home.

Domestic Assault

Houston Criminal Law Cases

As highlighted in Texas law, undertaking an offensive against any member of your family provides ground to find guilt. An attack mainly results from intentionally causing injury to another person, threatening or causing physical contact.

Aggravated Assault

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A person is convicted of intense familiar onslaught if he/she executes an assault against any member as highlighted. A person commits aggravated attacks in Texas if he/she knowingly causes severe bodily injury to another person, or displays a deadly weapon when committing an assault or threat. The weapon could be a bat, stick or firearm among others.

Continuous war against the Family

In adding to violent crimes, a person in Texas can be convicted of the crime of continuing assault against the home if he executes two in twelve months. A defendant can be convicted of this crime without previous conviction, and the two crimes need not have been committed against the same victim.

According to the Texas Department of Public safety, the most common form of altercation in the home in Texas is simple onslaughts, at seventy-three percent. Aggravated assault accounts for fifteen percent and intimidation accounts for 8.3%.

Regardless of the offenses, any accused individual is eligible to the services of a law attorney. If you are facing a domestic violence charge, you should consider hiring an attorney. An experienced attorney can assess and investigate your case and guide you on all the options you have from entering into a plea agreement to going to trial. Good representation can get you soft sentences such as community supervision or deferred adjudication.

Sex Crimes and Texas Criminal Code

A sexual offense is any crime that includes or involves any type of sexual assault, unlawful sexual activity, sexual misconduct or unlawful pornography. Texas lawmakers are well known to be especially hostile towards sex offenders who perpetrate crimes against minors including online solicitation of under-age victims. Texas prosecutors are notorious for prosecuting sex offenders aggressively. If convicted, a perpetrator can expect a lengthy prison term as well as a requirement to register as a sex offender registry for life.

Sex Offender Registration in Texas

The purpose of the Sex Offender Registration Program in Texas is to keep track of convicted sex offenders and to provide the public with information and make them aware of sex offenders in their community. Attorney James Gardner from Austin, Texas says that the state has one of the toughest approaches to sexual offender registration. Mature and under-age perpetrators, who have been convicted of a “reportable conviction or adjudication”, are required to register on the online registry. Examples of the kinds of offenses which merit inclusion on the sex offender registry include

  • Any sexual assault
  • Kidnapping where it has been found that the perpetrator intended to commit sexual assault
  • Solicitation of a minor
  • Any subsequent indecent exposure conviction
  • Any sexual crime where the victim is less that 17 years of age.

Generally adult offenders are mandated to register for life. Juvenile sex offenders usually register until 10 years after the original conviction or longer if the sentence exceeds 10 years. However certain convictions will ensure that a sex offender is placed on the register permanently and cannot be removed. Examples of these serious crimes include

  • A sexual offense aggravated by violence
  • People trafficking
  • Inducing a child to become a prostitute
  • Involvement in distributing or possessing child pornography

Sex offenders who fail to register on the public sex offender registry in Texas are guilty of an additional felony and the sentence, if found guilty, is one year or more in prison.

Texas allows very few exceptions or exemptions from the obligations to register. While most young offenders can seek an exemption from the courts, adult offenders have very limited opportunity to seek an exclusion from compulsory registration. They can only ask the court for a registration exemption in very restricted cases.

Sex Offender De-registration

Under 2005 legislation certain sex offenders are permitted to petition to be discharged early from the sex offenders’ public register. The procedure allows the State to determine whether the sex offender is likely to pose an ongoing threat to the community and society. The advantage of the procedure is it frees up law enforcement resources to focus on those who are dangerous to society rather than offenders who are not a likely threat. Only certain offenders are eligible to be considered under the scheme.

The role of an Attorney

Anyone who has been charged with sexual offenses should seek the advice of an attorney without delay. The role of an attorney is to represent the clients’ best interest, to provide advice on the laws and if necessary to prepare a defense. A criminal attorney may also represent a client in an application for de-registration and early termination.

Dealing with Car Accidents, Legally

If you find yourself in a car accident Houston area, it’s important to realize that you have been through a traumatic experience, and if you lost a family member, it’s important that you contact an attorney so that you can seek compensation for your loss.

In Houston, The Car is King

In Houston, Texas, the personal automobile is the preferred choice of transportation.

I mean, who has time to be wasting away at some bus stop waiting for Metro to stop and pick him up.

People take pride in their vehicles and they do have a tendency to drive bit aggressively on Houston’s freeways which has resulted in some of the most deadly car wrecks that make it into the news.

In fact, so many people are killed as a result of serious car and truck accidents that they aren’t even newsworthy items anymore. It’s rare to pick up a copy of the Houston Chronicle and read a story about how one guy, that was on his way to work, got killed in a car wreck. It seems that people don’t care.

A Person Injury Law Firm That Cares

If you need to talk with a personal injury lawyer regarding a claim based on workplace injury, medical malpractice, 18 wheeler truck wrecks, or common auto accidents, an experienced lawyer should be your first choice when it comes to making a determination about whether or not you need an attorney to represent you on your claim.

Don’t Trust the Insurance Company

First and foremost, don’t trust the insurance company as they represent their interests, which is keeping as much of their money out of your hands as possible. An experienced lawyer will work to get you every single dollar that you have coming, and we recommend that you may contact with her.

Contact An Experienced Lawyer

When you get an opportunity to meet with your lawyer they should sit you down in their conference room, go over your case detail by detail, and give you an honest assessment of the potential for you to get the maximum amount as far as monetary compensation from the insurance company is concerned.

Experienced personal injury lawyers with over 10 years of experience and a healthy record of winning claims on behalf of their clients are your best choices. Research how they may have treated their clients in court rooms all over the Houston, Fort Bend, Brazoria, Montgomery County, and the greater Houston area.

If you were hurt in a car accident in the Houston area, or are simply seeking compensation for property damage, we recommend contacting an experienced law firm.

Premier Defense Lawyers for Brazoria Cases

I know a number of people who have been arrested and poorly represented by their legal representation when their court date finally rolls up on the calendar. I’ve often thought to myself, “I wonder if these people were represented by the right lawyer would of had that cases turn out differently”, in the same remains true of the thoughts that run through my head today. Thus, the drafting and publishing of this article dedicated to helping my friends and Brazoria find the right attorney for their criminal case so that they may get out of the criminal justice system with their freedom intact.

What Most Attorneys Don’t Have

Most attorneys that consider themselves DWI defense lawyers don’t have the credentials that they could have to show their skill and high aptitude in defending persons accused of such crimes. If you’re going to call yourself a DWI lawyer, we feel that it is important that you gain the certifications required to be considered an expert in gas chromatography examinations, as well as a certification with some legal organization that is dedicated to DUI defense is a specialty area of criminal trial lawyer defense litigation.

Most attorneys don’t have such credentials to back up their primary areas of practice; in fact, most attorneys only have the degree that they left school with, which is evidence of the incompetence of most attorneys when it comes to extended training and pursuing expert status in the field that they dedicated their life to. In fact, if they haven’t dedicated their life to being the absolute best attorney that they can be, they probably don’t have any additional certifications and probably shouldn’t have your freedom in their hands.

Choosing The Right Brazoria Attorney

We recommend taking the time to make sure that your lawyer is a ferocious defense lawyer that’s dedicated to a ruthless pursuit of expert level status in their field. Whether were talking about a homicide attorney, a federal tax lawyer, or a criminal defense attorney, they should be the absolute best in their specific niche of law practice.

This is why we recommend the Law Offices of Tad Nelson and Associates’ Brazoria DWI lawyers for all criminal cases involving drunk driving offenses. These people are experts in their field, pursue an advanced educational capacity so that they may become better defense attorneys for their clients. These are the type a lawyers that you should have representing you in the event that you have to appear in court and fight for your freedom.

“ACCUSED” … Defend Yourself!

Facing criminal charges is a situation you don’t want to be in. Why? Because you will face the serious possibility of being found guilty of the crime you’ve been “accused” of committing and will have to serve time in jail.

There are a number of reasons that people get arrested for criminal offenses. Sometimes people are bred into deviance by systems above and beyond their control, in other instances people are simply looking for a way to make a living, and yet still in more cases, people are at the wrong place at the wrong time. Not to leave out the evil bastards who kill, rape, and torture for the hell of it, but even some of them that are of the most heinous that society has to offer as far a criminality is concerned, should also be defended.

Why?

You might ask.

Because the accused may be innocent.

And the guilty may be set free.

Even to this day in 2015 the Houston Police Department is still losing the rape kits of victims, mishandling evidence, and making a piss poor example of police work; a point which serves as an example illustrating the basis of this writing.

Hiring an attorney to represent you is one of the smartest things a person accused of a crime in Houston can do regardless of their guilt or innocence. The innocent should retain legal counsel for obvious reasons, but for the guilty the stakes and equal, but in other ways.

An example would be the person who has been accused of theft and sentenced to 2 years, and the other person accused of a theft of the same value, but end up sentenced to 6 months in prison. Aside from the cultural biases built into the American experience, an attorney can and almost always makes the difference for the benefit of the defendant.

If you’ve been charged with a criminal offense in Houston or anywhere else in Texas, I highly recommend seeking out and hiring qualified legal representation with experience defending that have been accused of criminal offenses in Houston.