Is It Still Assault If Someone Provokes You?
Many assaults happen because a defendant was provoked by the victim. As a general rule, provocation is not a defense to the crime of assault. If you’re provoked, Texas law generally requires that you walk away or contact the local police. Fighting or using force if provoked is typically not an appropriate response. However, there…
Read MoreHow Do You Prove Intent in “Burglary of Habitation”?
There are many different types of defenses when you’re charged with a crime in Central Texas. Our Killeen criminal defense lawyers assert your Constitutional defenses. We hold the government to its burden to prove its case beyond a reasonable doubt. One defense that we regularly examine is whether you violated the precise terms of the…
Read MoreWhy a Bar Fight Can Land You in Prison
It’s a common scene on television and in the movies. Two patrons get into a fight. In the old days of TV westerns, they might resolve their differences in a gunfight. Some shows and films would have a fight that escalated into involving everyone in the bar. A common scene shows one patron sliding completely…
Read MoreCan a Police Officer’s Bias Make Them More Likely to Charge You with a DWI?
Everyone has their biases; even police officers. In theory, the police should judge everyone the same – no matter what type of car they drive, where they drive, or who is in the car. In reality, if you’re driving a bright red fancy sports car in the fast lane, even if you’re going the speed…
Read MoreCan You Be Charged with Deadly Conduct if You Don’t Have a Gun?
Texas laws regarding guns can be difficult to understand. On one hand, the state allows people to carry handguns in public without a license to carry. On the other, if a person with no criminal history feels threatened and subsequently pulls their firearm from their holster, purse, or glove box, they could be facing a…
Read MoreWhat Are My Rights During a DWI Stop?
Inadvertently swerving into another lane, running through a red light, or momentarily driving over the speed limit are mistakes that many drivers make. However, that mistake can quickly become frustrating or even land you in handcuffs if you are stopped for driving while intoxicated (DWI) in Texas, whether you’ve been drinking or not. When are…
Read MoreBurglary of Habitation or Criminal Trespass?
Burglary can be an extremely serious (and confusing) crime in the state of Texas. Although burglary is most often connected with theft, illicit entry into a building to commit assault or any felony-level offense is also considered burglary under state law. Texans facing charges of trespass, burglary, or burglary of habitation often don’t know the…
Read MoreWhen a Victim Recants: Why You Can Still Be Charged with Domestic Violence
Domestic violence charges can have many severe consequences for the person accused, and a conviction could affect their lives in numerous ways: their options for employment, ability to rent an apartment or buy a home, right to own a firearm, and opportunity to care for and visit their children. Sometimes, domestic violence charges result from…
Read MoreIs Robbery Considered a Violent Crime in Texas?
When you think of violent crimes, your mind most likely goes to murder, rape, and assault. The last crime that you may think of when it comes to violent crimes is theft. But robbery is different. While technically a theft crime, it is also an assaultive crime, and as such, can be classified as a…
Read MoreHow Do You Challenge a DWI Blood Test?
If you have ever been accused of driving while under the influence, then you are familiar with a blood test. Compared to a breath test or a field sobriety test, a blood test is one of the most accurate tests that you can take to identify your sobriety. Or is it? While a blood test…
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