Criminal Defense
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 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 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 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 MoreParents, Talk to Your Teens About Consent
As a parent, the thought of talking to your teen about sex can be uncomfortable. However, in this day and age, it is crucial. Even though sexual assault cases involving teens have happened for decades, it is even more prevalent now with human trafficking and statutory rape cases. There are many reasons why teens are…
Read MoreYou Can be Charged with DWI in Texas Even if You Don’t Drink Alcohol
Most people associate a DWI charge with drinking alcohol. However, in Texas, this is only partially true. Under state law, a person is driving while intoxicated (DWI) when they are do not have the ordinary use of their mental or physical faculties because of consumption of alcohol, drugs, or a combination of those substances, or by exhibiting…
Read MoreWhat Impact Will Wooden v. U.S. Have on Criminal Defense?
In March 2022, the Supreme Court of the United States heard oral in a case involving how predicate offenses – crimes that may be considered a component of a larger crime – are considered and classified under the Armed Career Criminal Act. SCOTUS reversed the decision made by the U.S. Court of Appeals for the Sixth…
Read MoreWhat Is an Officer Allowed to Do During an Interrogation?
There are few things more stressful, terrifying, and exhausting than being subjected to a formal police interrogation. Whether or not you are guilty of the crime, you’re still treated like a criminal. Most people never have to find this out the hard way, but those who do can be completely, 100% innocent and still end…
Read More