All posts by Lee and Wood

A Shift in Attitude Toward Crime and Punishment

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Facing criminal charges is incredibly stressful. The criminal justice system is complicated and intimidating. Most charges carry the potential to seriously harm your future. Heavy fines, time behind bars and damage to your family, career and lifestyle are all possible outcomes of a criminal prosecution. One consequence that can come as a surprise is the attitudes of friends, neighbors and acquaintances. However, there is some evidence that those attitudes might be changing.

Punishment or Prevention

Appearing to be tough on crime is a common tactic used by politicians at election time. Showing mercy or concern for people accused of crime is not generally a good way to appeal to the public. For many decades, criminal penalties were increased and the number of people behind bars rose. The focus is on punishment, as anyone who is accused of a crime will discover.

If the focus was on prevention, more people would talk about making neighborhoods safe and prosperous, and fewer would talk about locking people up and throwing away the key.

A Survey Shows a Change Might Be Coming

A recent survey of potential voters suggests that a growing percentage of the population, particularly among young people, prefer solutions based on preventing crime, rather than just punishing it. The tough-on-crime crowd still has many proponents, but there may come a time when the population as a whole rejects so-called tough-on-crime policies that have failed to make the population healthier or safer.

Be Ready to Fight From the Beginning

A change might be coming, but it’s important to deal with the situation facing us now. If you’re charged with a crime, you can’t expect to be treated kindly by a system designed to punish you. Your rights and your future depend on the defense you can put forward in court. If you and your attorney are not prepared to fight, you’re putting yourself in a bad situation.

In some cases, a criminal accusation can be enough to cause you harm. Your reputation is at stake, and it can suffer needlessly even if you end up with a good result. You need a strong defense as soon as possible to minimize the consequences of your legal troubles. Acting quickly can help you in many cases, and it will never harm you. Speak to an experienced criminal defense attorney as soon as you realize you may be facing criminal charges.

Lee & Wood, LP Offers Strong Criminal Defense

If you’ve been arrested or charged with a crime, you need a skilled attorney. Call our Fort Worth lawyers today at 817-678-6771 to get started.

Mutual Combat And Assault in Texas

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The word “assault” can describe a wide range of scenarios. No two criminal cases are exactly alike, and this may be particularly relevant in cases involving assault allegations. Among the potential defenses against assault charges is that of consent. Under limited circumstances, you may be able to claim that a fight you engaged in was not an illegal assault because both parties consented to the action. Texas is one of the few jurisdictions in the country where mutual combat may be allowed outside of sanctioned combat sports.

What Constitutes Consent?

A written, signed and notarized agreement is ideal, but it isn’t necessary. The consent must be “effective,” meaning you must reasonably believe that the other person consented. This could be as simple as observable conduct indicating that you both wanted to fight. It can be entirely nonverbal. Of course, it does take more than both of you actively participating in the fight to prove there was consent. Someone defending themselves in a fight they didn’t want to be in has not “consented” to the fight.

Consent Alone Is Not Enough

Proving that the other person consented is not the end of the matter. Perhaps the biggest risk of relying on consent is how easily you can lose with that defense. To claim consent, the assault cannot threaten or inflict serious bodily injury. Serious bodily injury means anything that “creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.“

In practice that means the defense is usually only applicable in fist fights. Any use of a weapon of any kind will negate the defense. It also means that the damage done in the fight has to be minimal. A broken bone can mean impairment of the function of a bodily member, which negates the defense.

The mutual combat defense is also invalid if the assault was part of a gang initiation or was done as a condition of being a gang member.

A Serious Charge Calls for a Serious Defense

Assault can lead to misdemeanor or felony charges, depending on a number of factors. Many assault cases involve alcohol which can confuse the situation further, raising questions about an issue as delicate as consent. The right defense strategy requires careful analysis. You need an experienced, dedicated Texas criminal defense attorney to help you protect yourself.

Call Lee & Wood Today if You Are Facing Assault Charges

You can’t afford to leave your assault defense to chance. Whether you believe your assault case involves mutual consent or not, you need a strong defense team to mount a strong defense. Call the skilled criminal defense lawyers of Lee & Wood at 817-678-6771 to discuss your situation today.

What Is Burglary in Texas?

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Texas law classifies burglary crimes into several different degrees, each with different levels of punishment. Burglary is a common charge leveled by prosecutors in the Dallas-Fort Worth area, so it’s important to understand this crime and what it really means.

How Texas Defines Burglary

While most people think of burglary as a theft crime, you can be charged with burglary even if there’s no stolen property involved. What matters is your intent. The prosecutor will be trying to prove that you had a certain goal in mind when entering a building.

The legal definition of burglary is found in chapter 7, section 30.02 of the Texas Penal Code. It says burglary is committed when you, without consent of the property owner, do any of the following:

  • Enter a habitation or building with the intent to commit a felony, theft or assaultRemain concealed inside a habitation or building with the intent to commit a felony, theft or assault
  • Enter a habitation or building and commit or attempt to commit a felony, theft or assault

When you read the word “habitation,” think residence, a place where someone lives, and not a commercial building.

Degrees of Burglary and Possible Punishments in Texas

The severity of the burglary charge depends on the type of building involved:

  • The building is not a habitation/residence: Burglary of a non-residential building is a state jail felony; penalties include 6 months to 2 years in jail and fines up to $10,000.
  • The building is a place where controlled substances are stored: Burglary of a pharmacy, clinic, hospital, nursing facility or warehouse is a third-degree felony; penalties include 2 to 10 years in prison and fines up to $10,000.
  • The building a habitation/residence: Burglary of a residence is a second-degree felony with penalties of 2 to 20 years in prison and fines up to $10,000.

Burglary can also rise to a first-degree felony. This happens if any person participating in the burglary commits, or tries to commit, a felony other than theft. For example, if you or someone else entered a home intending to kill someone, that’s first-degree burglary, even if you don’t actually kill anyone. It’s the intent that matters. The punishment for first-degree burglary can be life in prison.

Burglary of a Vehicle in Texas

Texas has a separate crime called burglary of a vehicle. This is defined as breaking into and/or entering into a vehicle without the owner’s consent, with the intent to commit a theft or felony.

Burglary of a vehicle is a Class A misdemeanor with a minimum jail sentence of 6 months. However, if your record includes previous convictions for burglary of vehicles,the crime could become a felony and you could face a longer sentence.

Get Help Fighting Burglary Charges in Texas

Being charged with burglary is serious, and it requires a serious attorney in your corner. At Lee & Wood, LP our criminal defense lawyers will work to find weaknesses in the state’s case and do everything we can to have the charges reduced or dropped.

Call our Fort Worth law firm at 817-678-6771 or email us to arrange a free consultation to tell us about your situation and we’ll explain how we can help.

Vaping, THC and a New Texas Law Impacting Teenagers

Criminal Defense, , ,

In Texas, the rules on teenage vaping are simple: It’s illegal. Juveniles are not allowed to vape or smoke e-cigarettes at all, whether you’re talking nicotine or THC. And now, in addition to teenage vaping being a crime, a new Texas law will force students into alternative schools for vaping. In this article, our attorneys lay out the rules about vaping both THC and nicotine, plus we discuss the new law affecting students.

Vaping THC in Texas

Vaping THC is a felony in Texas, no matter how old you are. The law on this is Texas Health and Safety Code section 481.103. It makes it illegal to possess any amount of THC from sources other than the marijuana plant. These are the punishments for a THC possession conviction:

  • Under one gram: State jail felony; 6 months to 2 years in jail and fines up to $10,000.
  • 1-4 grams: Third-degree felony; 2 to 10 years in prison and fines up to $10,000.
  • 4-400 grams: Second-degree felony; 2 to 20 years in prison and fines up to $10,000.
  • More than 400 grams: First-degree felony; 5 to 99 years in prison and fines up to $50,000.

If the person is a juvenile, they will most likely be prosecuted in juvenile court, where these severe punishments will, thankfully, be off the table. Juveniles are more likely to be sentenced to drug counseling, probation, placement in a treatment facility or other non-prison options.

Vaping Nicotine in Texas

It’s illegal for anyone under age 21 to buy, possess or use a cigarette, e-cig or tobacco product. The one exception is military members: Active military members can buy and use tobacco starting at age 18.

Under Texas Health and Safety Code 161.252, people under 21 who use or possess tobacco, including in vape form, can be fined $100 and sentenced to community service. Remember, this law criminalizes vaping tobacco or nicotine, but that’s not the end of the list. It criminalizes chewing tobacco, cigars and anything else containing tobacco.

New Law Requires Alternative School for Teenage Vaping

As of September 1, 2023, any public school student found in possession of, using, selling or giving someone an e-cig/vape on school grounds or at a school-related event must be placed in the Disciplinary Alternative Education Program (DAEP).

The law, House Bill 114, requires temporary alternative schooling for any student caught with a vape/e-cigarette within 300 feet of school property. This is the penalty whether the vape contained THC or not. Essentially, this means vapes/e-cigs are now treated the same as bringing drugs or alcohol to school.

Facing Vaping Accusations? How Lee & Wood, LP Can Protect Your Child’s Future

If your child is accused of vaping, whether on school grounds or not, you should contact an experienced attorney right away. The defense lawyers of Lee & Wood, LP handle THC and juvenile law issues every day. We’ll fight to prevent a minor incident from haunting your child’s future.

Call our Fort Worth lawyers at 817-678-6771 or email us to set up a free consultation to discuss the situation.