All posts by htownlegal

Understanding Intoxication Manslaughter in Texas

In Texas, lawmakers recognize a law, under homicide, for situations where a person is Driving While Intoxicated (DWI) or while drunk and cause another person’s death. This law, in Texas specifically, is known as intoxicated manslaughter. Though other states have a variation of homicide that applies to such cases, Texas is the first station to make intoxicated manslaughter an independent offense from homicide.

DWI & Intoxication Manslaughter Terms

In order to fully grasp what intoxicated manslaughter is, you have to know the terms that it is made up of.


Houston DWI Lawyer:
Texas Intoxication Manslaughter Law:

Intoxication & Voluntary Intoxication

Illegal drugs and alcohol are often the causes of intoxication, though it can also be as a result of prescription medications, or an intake of a combination of different substances. Individuals who are intoxicated or drunk lack the ability, both mentally and physically, to drive or operate any form of vehicle. It is important to note that you may be intoxicated even without feeling high of drunk. An example of this is if the blood’s level of alcohol is above the legal limit. Thus, even if you aren’t drunk, legally, you are intoxicated.

As you may have noticed, you may be intoxicated without even knowing it. An example of this is when an individual takes prescription medicine that makes them intoxicated. If an individual knowingly gets drunk or high, that’s voluntary intoxication. If the said individual drives while intoxicated and kills someone, he will be considered to have committed a DWI offense. This crime will be considered intoxicated manslaughter.

Drunk Driving in a Vehicle

Intoxicated manslaughter applies when an individual is intoxicated and drives a car or vehicle. Additionally, the law also applies when a person is intoxicated and operates a boat, flies a plane, or operates an amusement or carnival ride.

An example of this is when a person, in the state of Texas, assembles or operates a carnival park ride while intoxicated. If it results in someone’s death, then the person will have committed intoxicated manslaughter.

Death from intoxicated manslaughter

Intoxicated manslaughter is when a person who is intoxicated gets behind the wheel and causes an accident that results in the death of someone. The person killed in the accident can be the passenger in the driver’s vehicle, a pedestrian, or the occupant of another vehicle. Additionally, it is considered intoxicated manslaughter when a person dies from the injury caused by the accident or crash.

DWI Manslaughter Penalties

There are a myriad of penalties that can be imposed on someone if it can be proven that they committed intoxicated manslaughter. The penalties can differ, depending on the circumstances of the case.

DWI-Related Prison Terms

In Texas, intoxicated manslaughter is considered a second-degree felony, and carry a prison sentence between two and twenty years. Intoxicated manslaughter also has a mandatory minimum sentence, which is two years. This means that the person has to serve a minimum of two years before they are eligible for parole.


In addition to prison sentences, a convict of intoxicated manslaughter will pay significant amounts in fines. Texas has a limit of ten thousand dollars.

Community service

Intoxicated manslaughter also comes with a mandatory community service penalty. The convict must serve at least 240 hours of community service. However, the court may decide to impose up to eight hundred hours of community service. The community service must be served in addition to the prison sentence and the fines.

If you are a resident of Texas and have been charged with intoxicated manslaughter, it is important to look for an attorney that is experienced and well versed in Texas Law. Be it for legal advice or to fight the case. Regardless of the case, you need an attorney that has firsthand experience when dealing with such types of cases.

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

Contact a Defense Attorney For Help!

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 Offender Registration Offenses

In the state of Texas, felony convictions are accompanied by a hefty penalty. When felony crimes involve any type of sexual act or conduct, state prosecutors pursue criminals for the most severe penalty possible. Houston’s sex crime problem has slowly increased over the last few years. In many cases, when people are convicted of a crime related to sex they must register as a sex offender for the rest of their life. Otherwise, they’ll face prosecution for new charges and will likely be convicted unless they can find an effective sex offender registration violation lawyer in Houston that can be successful on their behalf.

National Sex Offender Registration

The United States now has a nationwide sex offender registration program that keeps track of everyone that has ever been convicted of a sex crime. As soon as the offender gets out of prison, they must immediately register themselves as a sex offender. Once officially registered, the person’s personal information and crimes are revealed on a public database. Anyone can go online and find the addresses to where sex offenders live in their local area.

Prolonged Consequences of Sex Offender Registration

If the convicted sex offender changes their residency, then they are required to register themselves again. As soon as the offender relocates they must contact the local law enforcement in that area and register their new address. Most state laws do not provide very much leeway time for this process to take place. People have been arrested for not registering themselves after they have moved into an area after a week or less.

Failure to Register as a Sex Offender

If a law enforcement agency finds out that a registered sex offender has moved and not registered their new address they will immediately have a warrant put out for their arrest.

If the sex offender gets their ID ran by a police officer somewhere and their current address does not match their sex offender registration address, they will be arrested on the spot for a sex offender registration violation.

The longer the offender goes without changing their address and re-registering, the worse their penalty will be once they get caught and charged for the registration violation.

Variations in Registration Period

Different offenders are required to register as sex offenders for different amounts of time depending on their sentence. Some offenders are required to register once a year for a set amount of time or life. Some have to stay registered for life and only have to register again when they relocate. Others only have to stay registered for ten years after they are released from prison.

Criminal Penalties: Sex Offender Violations

The penalties for a sex offender registration violation vary depending on how long and often the person was required to register. If the offender was only required to register for ten years, then he will face a state jail felony that can get him six months to two years in state jail and up to a $10,000 fine. Those that are required to register every year or for life and are arrested for a registration violation will face a third-degree felony. A third-degree felony in the state of Texas is punishable by two to ten years in prison and up to a $10,000 fine.

A sex offender registration violation is a serious crime with stiff penalties if convicted. The state of Texas has tough lawyers to prosecute every Houston sex crime. If accused of a sex offender violation contact an experienced sex crime defense lawyer today.


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.

3 Types of Attorneys, An Overview

I happened to be checking out a law firm marketing website and ran across an interesting post which sought to define the professional behind the attorney and here’s what we got;

Type #1 — The Entrepreneur Attorney:

He enjoys practicing law, but he’s really in this to build a business and make money. As such, he invests in honing his own marketing chops, and likes to take care of his firm’s marketing himself. He primarily identifies as a businessman, whose product happens to be legal services.

He wants his firm’s marketing to be ruthlessly profitable.

Type #2 — The Socialite Attorney:

He enjoys practicing law too, but if he’s completely honest with himself, what really sets him on fire is the status and prestige of the profession. He strives to be an icon in his community — a face and a name.

He wants his firm’s marketing to enhance his status.

Type #3 — The Lawyer Attorney:

He’d literally practice law all day if he could. What sets him on fire is the thought of putting together an excellent case and executing his strategy like a sage. He resents the chase, and wishes he didn’t have to go out and prostitute himself for clients — but he knows it’s a necessary part of the profession these days.

Read More

Galveston Family Lawyers You Can Count On

Every year thousands of couples go their separate ways. When marriages end, children are often an item of debate in addition to any property and assets. When you are the target of divorce, or if you’re the one initiating the divorce, its important to have experienced family lawyers on your side that you can count on during the most complicated of times.

Texas Family Law

Laws in Texas are always changing and having a legal team on your side that is adept in family will surely serve you in the long run. With expert lawyers like that of Nelson Family Law, you can’t help but have the highest expectations when going into litigation.

Nelson Family Law will make the law work for you and carefully listen to you and involve you in the development of their legal strategy. However, you must be advised that if the situation/conditions are to change, that the strategy will have to change as well.

Complex Divorces

Some divorces are extremely complex as they may involved business divisions and other property divisions. With Nelson Family Law on your side, you can expect your legal team to be ready for any changing conditions that may result in a nasty ordeal or that may threaten your goals.

Child Custody Disputes

The legal interests of children is a hot-button issue that’s common for family court lawyers, and can include a number of differentiating factors that make matters confusing. Grandparents rights, fathers’ and mothers’ rights, college tuition, parenting plans, child custody and visitation, are only a few issues involving minors that are under the scope of the family court system.

Recommended Attorneys in Galveston

If you’re in need of experience legal counsel in the Galveston, Texas region we know of a law firm with experience dealing with all facets of family litigation proceedings including mediation, asset & property division, estate planning, child custody and visitation, child support relief, restraining orders, and more. Contact The Law Offices of Tad Nelson & Associates.

Contact Information

Hoping to Immigrate into the United States? Do It Now!

There are number of people, who live abroad, whose only dream in life is to become a United States citizen. And one thing is for sure, becoming a lawful United States citizen is on its way to becoming harder and harder with each passing day.

With presidential candidates like Donald Trump seeking to put up barriers to lawful immigration into the United States, it’s important to take advantage of renegade Pres. Obama’s lawless immigration reforms while you can, commonly referred to as the Obamagration phenomenon, it’s important that people living abroad, that also wish to immigrate into the United States seeking citizenship, do it now.

I mean, you never know what’s going to happen when Donald Trump gets elected, it may be impossible to lawfully immigrate into the United States and gain citizenship without worry of being deported by the United States customs and enforcement agency.

America was stolen from her natives, claimed to be a country of freedom, oppressed many of its own, and has blasted open markets that has not been free to its grasp, if you want to come into this country, do it now while the doors are open.

If I were living outside of the United States, and wanted to immigrate into this country illegally, I do like the Mexicans doing just come on over. My only suggestion would be is that you carry in of water with you to make it through the Texas deserts where the heat has been known to claim hundreds, if not thousands of lives.

And when you make it into the United States, quickly find a job and hire an attorney who may be able to help you stay in this country legally, or find a Mexican woman, or other woman of any other ethnicity for that matter, impregnate her and make anchor babies so that, by default, you can legally remain in the United States.

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.

After You’re Busted

Most folks don’t understand the seriousness of being accused of a criminal charge in a state that is so harsh on criminal law enforcement as the state of Texas is. In Houston a number of people are in jail now, at the Harris County jail, for crimes they likely did not commit, or to simply await trial due to the fact that they are unable to afford bail bond as a result of their socioeconomic status.

Talk with a Lawyer in Houston

The most important thing you can do if you are arrested for criminal offense in the Houston area to hire an experienced Houston criminal lawyer that knows his way around the court ruled that is capable of articulating a smart argument in your defense to avoid you from having to serve the most harshest penalties in Texas correctional facilities or, that can get you off.

Felony Charges are Serious

If you are accused of a felony crime your facing serious jail time which can result in a number of years in prison, depending on the circumstances of the crime, you may face life or even the death penalty as a result of the allegations levied against you by the Dist. Atty. in your respective legal jurisdiction in which the accusations of your criminal wrongdoing was made.

Stay out of Prison

Jail time can take a toll on a defendant and should be avoided at all cost. No matter how innocent you think you are, or how well the criminal justice system will allegedly work for you, you better find a criminal defense attorney who is best that defending cases like which you are accused of if you want to avoid being found guilty for one, and having to endure the most stringent criminal punishment the state of Texas has to dish out.

You’ll Need Legal Representation in Houston

With you’ve been arrested by the Houston Police Department, Harris County Sheriff’s office, or the Texas Department of Public Safety’s own state troopers, you’re going to need a criminal defense attorney on your side by the time your court date rolls around.