Criminal Defense
Shooting a Building Can Be Deadly Conduct, Too
Responsible gun ownership and adherence to applicable laws are fundamental principles upheld by proponents of gun rights. The lawful use of firearms is crucial to protect individual liberties, personal safety, and the preservation of one’s property. It is important to recognize that responsible gun ownership entails understanding and complying with the legal framework surrounding firearms.…
Read MoreHow Victim Impact Statements Can Affect an Assault Case
Under the US Constitution, criminal defendants are given the right to face their accusers. Implied, though not directly stated, is the right of an alleged victim to face the perpetrator of a crime. The whole point of a criminal trial is to give both sides a chance to tell their stories and have an impartial…
Read MoreStay Off Social Media After Being Charged
As good as it may feel to “get things off your chest,” posting on social media after you’ve been charged with a crime of any sort can only hurt you. Those accused of a violent crime like domestic violence or assault should definitely stop posting on all online accounts until their case is resolved, as…
Read MoreIs a Federal Assault Charge Different from a State Assault Charge?
No two criminal charges are the same, even if they share many similarities and may be classed the same way. Everyone’s case is different, and therefore the charges they face will reflect that. Any criminal charges can carry serious consequences, of course, but certain crimes hold more weight than others, and in some scenarios, you…
Read MoreThe Murdaugh Trial and the Importance of Witness Testimony
Recently, accused killer Alex Murdaugh took the stand in his double-murder trial, and at the same time an unflattering Netflix docuseries about the murders and his own family hit the airwaves. Pundits and experts across the country considered this a risky move, especially considering Murdaugh immediately confessed to what felt like dozens of lies. We…
Read MoreWhen to Plea and When to Fight Your Charges
If you have been charged with a criminal offense in Killeen, Copperas Cove, or anywhere in Central Texas, you may immediately start weighing your options. Should you plead guilty? But you are innocent! Should you fight your charges? But then you might get jail time! There are pros and cons to each, but no matter…
Read MoreWhy Eyewitness Accounts Aren’t Trustworthy
If you were charged with a crime, prosecutors may want to bring in eyewitnesses to help convict you. Or maybe you want to bring an eyewitness onto the stand to help prove your innocence. It seems like a great tactic to use for either side. After all, the eyewitnesses are the people who actually saw…
Read MoreGrand Jury, Petit Jury, and Bench Trials: What’s the Difference?
Most people believe that when you get charged with a crime, you will typically have a trial and bring in a jury to determine whether you should be convicted or not. But what many people do not know is that you, as the defendant, actually have the choice of how you want your case to…
Read MoreShould I Talk to the Police If I Haven’t Been Arrested?
Maybe you made a mistake. Maybe you were in the wrong place at the wrong time. Or maybe you feel that you have absolutely nothing to hide. Whatever the reason, if you find yourself in the company of police – particularly police who want to ask you questions and have you answer those questions without…
Read MoreWhen Is it Self-Defense and When Is it Aggravated Assault?
The general term “assault” comprises a variety of crimes under the Texas penal code, ranging from misdemeanors to felonies. The Texas criminal justice system can be harsh and swift, and if you find yourself facing any type of assault charges, it’s important to get started on your defense as soon as possible. When you get…
Read MoreIs 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 MoreTexas Needs Prison Reform Now
The topic of extradition can be a complex one. There was one particular case last year that brought into question the truly harsh conditions in Texas jails. A Scottish judge refused the extradition of a Scottish man who had allegedly shot a security guard in 2016 in Austin. While the denial of an extradition is…
Read MoreAre There Alternatives to Prison?
Texas is known for its tough handling of crimes and punishment. The sentences the state doles out are some of the most severe in the United States. From fines to prison time, Texas doesn’t take breaking the law lightly. So if you’ve been charged or convicted with a crime, you might be worried about the…
Read MoreIs a DWI a Serious Charge?
Some crimes are more serious than others. After all, one would take being convicted of disorderly conduct over being convicted of murder, but often even the less serious charges have long-lasting and life-changing repercussions. Driving while intoxicated (DWI) is a serious offense under any circumstance, but people often take it lightly because of how common…
Read MoreAre Private Militias Legal in Texas?
No, private militias are not legal in Texas. In fact, all 50 states prohibit private, unauthorized militias from engaging in activities reserved for the state militia, including law enforcement activities. What is a militia? There are government-sanctioned organized militias, like the Coast Guard, the Naval militia, and the “unorganized militia” which includes every male between…
Read MoreWhat Are the Most Common Misconceptions About the Criminal Process?
It’s easy to think we know how the criminal process works. A criminal is arrested, read their rights, and then it’s off to jail with them. That’s how TV shows like Criminal Minds, NCIS, and Brooklyn 99 work, and if we haven’t been arrested ourselves, then why should we think otherwise? Or sometimes, we simply…
Read More