Category Archives: Criminal Attorney

What Is Racketeering in Texas?

Criminal Attorney, Criminal Defense, Defense attorney, Racketeering

If you’ve watched crime dramas or read about high-profile federal cases, you’ve probably come across the term “racketeering.” But what does it really mean, and how does it apply in the real world? What would it mean to be charged with racketeering in Texas?

No matter what the situation is, these charges call for the services of an experienced criminal defense attorney.

More Than a Movie Plot Crime

Racketeering is one of the most serious and misunderstood criminal allegations a person can face. The term is often associated with organized crime, but the legal definition under both federal and Texas law is broader than most people realize.

The Basics of Racketeering

Racketeering refers to the act of operating an illegal business or scheme to make a profit, often through coercion, fraud or violence. It became widely recognized under the Racketeer Influenced and Corrupt Organizations Act, better known as RICO, passed by Congress in 1970.

The RICO Act was designed to combat organized crime. It allows prosecutors to go after patterns of criminal behavior carried out by individuals as part of a larger enterprise. These enterprises, or “rackets,” can be anything from street gangs and motorcycle clubs to legitimate-looking businesses used as fronts for illegal activities.

The Elements of Racketeering

To bring a RICO charge, the government must show:

  • A criminal enterprise exists.
  • The defendant was associated with or employed by that enterprise.
  • There was a pattern of racketeering activity, meaning at least two acts of qualifying crimes, called “predicate offenses,” within a 10-year period.
  • The acts were related to the operation of the enterprise.

Predicate offenses include a wide range of crimes, including bribery, extortion, money laundering, drug trafficking and wire fraud. In certain circumstances, they can include murder or kidnapping.

Racketeering in Texas

While RICO is a federal statute, Texas has its own racketeering laws. Texas racketeering law targets individuals who commit crimes as part of a criminal combination or criminal street gang.

Sentencing enhancements can apply. For example, if someone is accused of theft, but it’s shown that they did it in coordination with a criminal group, prosecutors can elevate the charges and seek much harsher penalties.

Why Should You Care About Racketeering?

While racketeering charges are meant to combat organized crime, the definition of organized crime is wider than some may think. An “enterprise” in Texas, for example, can simply mean a “group of individuals associated in fact.” To law enforcement, that could mean you and your friends.

Prosecutors and law enforcement want to get convictions. They may charge you with racketeering in an effort to have you plead guilty to lesser charges. A good lawyer will see through this tactic and provide a robust defense.

Racketeering Charges Are Serious

RICO and organized crime charges carry the potential for long prison sentences, asset forfeiture and devastating reputational damage. Even being investigated for racketeering can cause significant personal and financial stress.

These cases are often built over months or even years, using surveillance, wiretaps, and confidential informants. Prosecutors may attempt to charge as many people as possible, hoping some will cooperate.

That’s why it’s critical to have an experienced criminal defense attorney on your side. Your attorney will understand both federal and Texas law and can challenge the government’s narrative at every turn.

At Lee & Wood, GP, our Texas criminal defense lawyers help defend against accusations of all types. If you have been arrested or charged with racketeering or a related offense, call us at 817-678-6771 or contact us for a consultation.

Right To Remain Silent: When To Speak to Officers in Texas

Criminal Attorney, Criminal Defense, Defense attorney, DWI

Your right to remain silent plays a significant role when it comes to interacting with police, but it’s not quite the whole picture. When can you assert that right? Is it always the best strategy? What about situations where you aren’t under threat of arrest?

Your criminal defense attorney can handle these issues once you’ve chosen one. Until then, what should you do?

Silence Is Better Than Lying

Saying nothing is specifically protected in many instances. Saying something untrue is not protected. It’s always better to stay silent than to say something that isn’t true!

When you choose silence as your response, be consistent. Remain silent. Wait until you’ve had a chance to speak with your lawyer to make any statement at all.

Situations Where You Have To Speak

This is a tricky area. Texas law includes a Failure to Identify (Section 38.02) law that requires someone who has been lawfully arrested to provide their name, address or date of birth when requested by a peace officer.

It also makes it a crime to give a false answer to those questions if you’ve been lawfully detained. The same is true if the officer has good cause to believe you witnessed a crime.

There are also provisions regarding drivers. If you’re a driver who’s been detained for an alleged offense, such as a DWI, you must show the officer your license when requested. If you don’t or can’t, you must give your name, address, date of birth, or driver’s license number.

At a traffic stop, hand over your license and proof of insurance when asked. But don’t answer questions about your driving, your destination or anything else.

Violations of the Failure to Identify law are punishable as misdemeanors.

Be Polite in Silence or in Speech

Silence is your right and is almost always the right choice. But whether you remain silent or choose to speak, it’s best to be polite and calm around police officers.

Getting pulled over or arrested is incredibly stressful. It’s easy to be overwhelmed, angry, scared or frustrated. It’s important to try to stay calm and wait for your attorney to help you.

It’s also important to remember that even if the situation got away from you in the beginning, you can stop talking at any point. If you’ve made statements in anger or fear, you can still assert your right to remain silent once you’ve calmed down. The less you say without an attorney present, the better off you’ll be.

Police Can Lie to You

While you’re not allowed to lie to police, the reverse is not true. Police officers can lie about the evidence against you. They can lie about what they saw. They can lie about what will happen to you if you just start talking to them. When the police tell you you’ll be better off talking to them, that is not the truth.

Contact a Texas Criminal Defense Attorney Immediately

Exercise your right to remain silent. Wait until you’ve spoken to your attorney before making any statement to the police. Call Lee & Wood, GP today at 817-678-6771 or contact us online.

The Brady Rule And Disclosure Evidence

Criminal Attorney, Criminal Defense, Evidence

In criminal trials, both the prosecution team and the defense team will be looking for evidence to prove guilt or innocence. But what happens when the prosecutor finds evidence that the defendant is innocent? What is a prosecutor’s duty? If a prosecutor finds evidence that an accused person is innocent, what should they do with it?

Fortunately, there’s a rule governing this important situation. The Brady Rule requires prosecutors to disclose “exculpatory evidence,” which is evidence that may support the defendant’s innocence. Unfortunately, however, history shows that your defense attorney should not rely on this disclosure.

What Evidence Is Considered in the Brady Rule?

Not all evidence is considered Brady Material. The type of evidence covered by the Brady Rule is that which is “material to the issue,” which means it’s important to the case. The evidence must also be exculpatory, meaning it helps the defendant make their case.

Physical evidence, information gathered in depositions and many other types of evidence are all subject to the Brady Rule.

Violations of the Brady Rule

The Brady Rule is more often noted for its failures than for its successes. Violations of the Brady Rule have led to some famous results.

When exculpatory evidence is not turned over, as the law requires, the conviction should be reversed. Brady violations can lead to convictions being overturned, sometimes years or decades into an innocent person’s sentence.

While it is a fundamental principle of due process, Brady Rule enforcement is inconsistent. Violations are relatively common and are rarely sanctioned or corrected unless uncovered through appeals or independent investigations. Courts often defer to prosecutors’ discretion, and disciplinary action against those who withhold evidence is rare. Paired with a lack of accountability in policing, people accused of crimes are facing a prosecution that can seemingly do what it wants.

Though the Brady Rule is well-established in law, its practical enforcement often depends on the diligence of defense attorneys. Some have even suggested that the reputation and relationships forged by defense lawyers are key to preventing Brady violations in the first place.

Building a Strong Defense

While the law requires exculpatory evidence to be turned over, it’s not realistic to hope for the prosecutor to provide the key evidence that sets you free. An experienced criminal defense attorney will not rely on Brady material to build your defense.

If there is evidence to be found that will reduce or negate the charges against you, your attorney and hired investigators are most likely to find and present it. That’s one of many reasons to find and hire an experienced defense attorney.

Mistake or Intention

Some might argue that the current state of affairs regarding the Brady Rule is unacceptable. That may be the case, but it’s worth considering what’s actually driving the problem.

Prosecutors often carry substantial workloads and have limited resources to do their jobs. The system isn’t perfect, and mistakes happen that can help or hurt an accused person. Courts are unlikely to start punishing prosecutors in a way that makes the situation worse.

Contact a Texas Criminal Defense Attorney Now

At Lee & Wood, our attorneys have extensive criminal defense experience in Texas courtrooms. We can help you craft a strong defense designed to protect your rights, regardless of whether the prosecution plays nice. Call our offices today at 817-678-6771 or contact us online for a free consultation.

Protective Orders, Criminal Charges and Stalking: What You Should Know About the Legal Process

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Texas law takes allegations of stalking seriously, and the consequences can affect your entire life. In Texas, stalking can be a third-degree felony. If convicted, you could face a sentence of between two and ten years in prison. You could also face a fine of up to $10,000.

Here’s what our experienced domestic violence defense attorneys want you to know.

How Is Stalking Defined Under Texas Law?

Texas Penal Code § 42.072 defines stalking as occurring when:

  • A person engages in a pattern of repeated behavior,
  • That behavior is directed at a specific person or their loved ones, and
  • That behavior would cause a reasonable person to feel afraid.

Given this broad definition, many different actions can be seen as stalking under the law. This includes threatening to hurt or kill someone, their family or their pets. This also includes asking someone else to make those threats for you.

Defending Against Stalking Allegations

As with all criminal charges in the United States, defendants are innocent until proven guilty. If you’ve been accused of stalking, you don’t need to prove anything. Instead, the prosecutor has the “burden of proof.” They must prove that your case satisfies all of the legal elements of the law to convict you.

Stalking cases can be difficult for prosecutors to prove unless they have physical evidence against you, like records of harassing texts and emails. One of the trickier elements of the case for them to prove is that a reasonable person would have been afraid.

If prosecutors fail to meet their burden of proof beyond a reasonable doubt, the defendant may be found not guilty.

The Protective Order Process

The Texas Code of Criminal Procedure article 7B allows people who believe they’re being stalked to seek a protective order against the alleged stalker. Unlike with domestic violence cases, there’s no relationship necessary.

Any person can seek a stalking-related order for protection against you, even if you’ve never dated, lived together, gotten married or had a police report filed against you. You can even have a protective order filed against you by someone you’ve never met face-to-face.

People who believe they have been stalked are often represented by legal aid offices or private attorneys, but some represent themselves. To obtain a protective order, they fill out an application and a supporting affidavit, a temporary ex parte order and a notice of a hearing.

These documents are then filed with a court clerk. They must also be served on you to be effective. If you are served, don’t ignore these papers. Violating a protective order, even accidentally, can mean serious trouble.

Accused of Stalking? Get Legal Help.

If you’re accused of stalking, you can always turn to our attorneys for help. Call our Fort Worth lawyers at 817-678-6771 or email us to set up a free and confidential consultation to discuss the situation.

Geofence Warrants and Keyword Warrants

Criminal Attorney

More and more, people are realizing that their personal information is being made public. Most of us carry cell phones that are constantly gathering, and in some cases, sharing information we might not prefer they didn’t. Google alone has enough information about most of us to make suggestions that are either clairvoyant or intrusive, depending on how you feel about it.

This rapid growth in information gathering has another feature that should be concerning to the public. Data is being requested and turned over to authorities to help them with criminal investigations.

The way this is handled raises a number of issues and could easily be considered a violation of your rights. The use of “keyword” warrants and geofence warrants will likely lead to legal battles in the future.

The Basics of a Warrant

Getting a search warrant in Texas requires law enforcement to demonstrate a few key facts. Officials must provide a sworn affidavit containing facts that establish probable cause that:

  • A specific criminal offense has been committed
  • The property or items to be searched are evidence of the offense or evidence that a particular person committed that offense
  • The property or items to be searched for or seized are located at or on the particular person, place, or thing to be searched

While there are complications and exceptions, this is the general idea behind a search warrant.

What Are Keyword and Geofence Warrants?

A keyword warrant is a request from police to Google (or another search engine) to provide information about any users who entered particular search terms related to a crime and in the area around the crime. As an example, if someone robbed a bank, police might ask Google to provide information regarding anyone who searched for “how to rob a bank” in the region where the crime occurred.

A geofence warrant is both more common and more controversial. A geofence warrant would have police ask for data from any devices that were located in the area where a crime occurred. In the previous example, it would mean gathering the information from every worker, customer, or bystander in or around the bank that was robbed at the time of the robbery.

What’s the Controversy?

Going back to the basics of a search warrant, you can identify a serious flaw in the unfettered use of geofence warrants. The vast majority of the information being gathered in these instances is not going to be evidence of the crime or that a particular person committed the crime.

Warrants are necessary because they protect the public from violations of our right to privacy. If someone steals your neighbor’s jewelry, police can’t search your house, and all the neighbor’s houses, in the hopes that maybe one of you did it. If they don’t have a valid reason to think you committed a crime, you can’t be searched.

Call an Experienced Attorney if You Are Served With a Warrant

The rules surrounding warrants and criminal investigations are complicated. If you’re involved in a criminal investigation, you should speak to a lawyer as soon as possible. At LEE AND WOOD, GP, our Fort Worth criminal defense attorneys have extensive experience. We can protect your rights. Call 817-678-6771 or contact us online to schedule a free consultation.

When Do the Police Need a Warrant in Texas?

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A warrant is a written order issued by a judge that gives the police the authority to arrest someone or to perform an act that upholds the law. Warrants are powerful documents that are often required, but there are some key exceptions when the police don’t need them.

Types of Warrants

To know when the police need a warrant, it’s important to understand that there is more than one kind of warrant. These different types of warrants allow the police to take different types of action. Here are some key types:

  • Arrest warrants: These warrants empower the police to arrest someone who is accused of a crime. An arrest warrant must identify the person to be arrested and name the crime that they allegedly committed.
  • Search warrants: These warrants empower the police to search a place for evidence of a crime. The place could be your home, the place where you work, your vehicle or your personal belongings. A search warrant must clearly state the place to be searched and the items to be seized.
  • Bench warrants: If you are found to be in contempt of court, a judge may order a bench warrant. There are many reasons a person could be found to be in contempt, but one of the most common is failure to appear at a hearing. If a judge orders a bench warrant, it gives the police the power to immediately arrest you and bring you before the judge to resolve the matter.
  • Blue warrants: In Texas, blue warrants are issued if a parolee has violated parole. There are many reasons that this could have happened, from failure to obtain employment to missing a meeting with your parole officer. 

Exceptions to the Warrant Requirement Under Texas Law

Warrants are not needed in all situations. A common exception is for “exigent circumstances.” This means that a reasonable person would look at the circumstances and believe that quick action was needed to stop physical harm to the police or someone else, to stop the destruction of evidence, or to prevent the suspect from escaping.

Another common exception is for a pat-down search when the police have probable cause to believe that a person is carrying a weapon. In that case, a warrant is not needed for the officer to do a limited search looking for the weapon.

Talk With a Criminal Defense Attorney to Protect Your Rights

If you think your rights were violated by illegal search and seizure, talk to a lawyer about your options. Your lawyer can examine the facts of your case and take action if your rights were violated. For a confidential consultation with the Fort Worth defense attorneys at LEE AND WOOD, GP, call 817-678-6771 or send us a message today.

What Happens if You Were Arrested, But Not Read Your Rights?

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What happens if the police don’t read you your rights? Can charges against you be dropped? As experienced criminal defense attorneys, these are questions we hear from our clients fairly often. People hope they may be able to reduce the consequences they face because the police failed to follow procedure.

Know Your Miranda Rights

Before you understand what happens when your rights aren’t read, it’s important to know what your rights are. Commonly called your Miranda rights, these rights originate from a landmark 1966 Supreme Court case called Arizona v. Miranda. In the case, a suspect was held and questioned by the police for two hours before confessing to crimes he did not commit.

The case changed criminal procedure in the United States. The procedural changes were written down in the form of a Miranda Warning, which summarizes your Fifth and Sixth Amendment Constitutional rights. The warning has become familiar to almost everyone who has ever watched a detective show:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

Miranda Rights Are Only Required for Custodial Interrogation

Miranda v. Arizona changed criminal procedure by requiring the police to inform suspects of their rights. However, there are limits to this requirement. The police are only required to inform you of your rights “prior to interrogation” if your statement is to be used against you in court.

If the police were not interrogating you in custody—for example, if it was clear to you that you were free to go—then there was no requirement for them to read you your rights.

But even if you were not read your rights, those rights still exist. Even if the police don’t tell you that you can remain silent, it’s generally a good idea to exercise your right to remain silent other than to request an attorney.

A 2022 Ruling That Limits Miranda Lawsuits

Until fairly recently, some people who had their un-Mirandized statements used against them in court were able to file lawsuits under 42 U. S. C. §1983 for violation of their Constitutional rights.

In June 2022, the Supreme Court held that a violation of Miranda rights does not provide the basis for this kind of lawsuit. Still, whether you were read your rights can be an important factor in the outcome of your criminal matter. The best way to protect yourself is to talk with an attorney.

Talk With a Criminal Defense Lawyer to Protect Your Rights

If you think your rights were violated, talk to an attorney about your options. Call 817-678-6771 or send a message for a confidential consultation with the Fort Worth defense attorneys at LEE AND WOOD, GP. 

Is it Legal to Hunt and Kill Nuisance Animals in Texas?

Criminal Attorney, Criminal Defense, Defense attorney, Wildlife crimes, Wildlife crimes attorney, Wildlife violations

For hunting enthusiasts, Texas is a great place to be, with several “no closed season” options for hunters. But does it include hunting and killing nuisance animals?

When owning land in Texas, it’s natural that you’ll come across nuisance animals. These are pesky critters and creatures that can wreak havoc on your land or are simply an irritation. So what can you legally do about the problem? Is killing or removing a nuisance animal a wildlife crime? Let’s find out what Texas law says in this helpful guide.

What Are “Nuisance Animals”?

Simply put, nuisance animals depredate or pose a threat to human health or safety. They may create a hazard for motorists or put housepets at risk. They may also trespass on property, make messes by tipping over garbage cans or destroy a lawn or garden.

There are many types of nuisance animals, including:

  • Raccoons
  • Foxes
  • Coyotes
  • Bobcat
  • Otter
  • Skunks
  • Badgers
  • Beavers
  • Mink
  • Muskrat

Texas Law on Fur-Bearing Nuisance Animals

According to Texas Parks & Wildlife, landowners or their agents may take nuisance fur-bearing animals in any number by any means and at any time on that person’s land. There’s no need for a hunting or trapping license.

If you’d prefer to capture and relocate the animal instead of killing it, you can do so. To capture and relocate, you need to get authorization from the Texas Parks & Wildlife Department and the owner of the property where the release will occur. 

You’ll also need to submit a monthly report on the number and kind of nuisance animals that you captured. Include the number, the location of the release site, and your name and address.

It’s important to know that no one except licensed trappers can take these animals or their pelts during their lawful open season and possession periods. It’s a crime (a Class C misdemeanor) to transport or sell live foxes, coyotes, or raccoons in Texas. It’s also a crime to take fur-bearing animals on land owned by someone else without that person’s consent. 

Why Is Knowing Texas Wildlife Law Important?

As a landowner, getting rid of nuisance animals is important. It will help keep your land pristine and help you avoid certain risks that these animals present. Knowing Texas wildlife law will help you do it safely and in the best interest of everyone. It will also protect you from potential legal issues.

If you kill and hunt nuisance animals incorrectly, you could run afoul of Texas hunting, fishing or wildlife laws. The consequences of a violation can be costly, including fines, loss of hunting licenses and even jail time.

Get Legal Assistance for Wildlife Crimes

Texas has an abundance of nuisance animals, and it can be difficult to know all the intricacies of wildlife law. The Fort Worth lawyers at LEE AND WOOD, GP. have extensive experience defending people against wildlife crimes, including those involving nuisance animals. If you have been accused of a wildlife crime or want to learn more, call us today at 817-678-6771  or send us a message for a confidential consultation.

Defending Yourself Against Assault Charges in Texas

Assault, Criminal Attorney, Criminal Defense, Defense attorney, Defenses, Self defense

Assault charges can feel overwhelming and confusing. The actions usually arise in the heat of the moment, often involving alcohol and adrenaline. But, it is possible to overcome assault charges, especially if you were acting to protect yourself or someone else.

Self-Defense As Your Defense

Acting in self-defense is the most common way to beat assault charges in Texas. Under Texas law, a person isn’t guilty of assault when he or she acted in self-protection that was reasonable at the time.

To prove to the court that you were acting in self-defense, you must show several things:

  • There was a threat of harm
  • You had a real fear of harm
  • You did not harm or provoke anyone before the threat occurred
  • There was no chance of avoiding the situation

To use self-defense as your defense, your lawyer must also show the court that the amount of force used was “reasonable.” That means that you used the minimum amount of force necessary to fend off the attack—not more.

Protecting Another Person or Property

Protecting another person or property is also a defense to assault charges in Texas. Just like the court understands why you would resort to violence to protect yourself, the court allows a defense for protecting someone you care about.

Further, Texas’s Castle Doctrine/Stand Your Ground law says that a person may use “reasonable force” when protecting their home or vehicle. The law gives you the right to stand your ground against a home invader instead of having to retreat.

Consent to the Assault

In certain situations, consent can also be used as a defense to assault charges. This is especially true in sexual assault cases where the court tries to discern he-said, she-said situations. The alleged victim may have consented or appeared to consent to the encounter, only to decide later that it was actually an assault. 

Can Assault Charges Be Dropped?

Assault charges can also be dropped if the prosecutor does not have enough evidence to pursue them. That’s one of the reasons that it’s important to hire a lawyer as quickly as possible, even before charges are formally filed. 

Your attorney can start advocating for you from day one. By acting early, they may even be able to get charges dropped or help the prosecutor see why charges should never be filed at all.

Get a Strong Defense to Assault Charges

If you have been accused of assault, call 817-678-6771  or send us a message for a confidential consultation with the Fort Worth lawyers at LEE AND WOOD, GP. It’s important to get legal help as soon as possible after an arrest so that your attorneys can take immediate action to protect your rights, reputation and freedom.

Texas Assault Charges: When Does an Assault Become a Hate Crime?

Aggravated Assault, Assault, Criminal Attorney, Criminal Defense, Hate Crimes, ,

People get into fights. It happens every day. Most of the time those involved walk away from it and that’s the end. Sometimes one or both parties are charged with assault (misdemeanor or felony) or aggravated assault. 

Much less often, but much more serious, an assault charge can be accompanied by a charge of committing a hate crime. How does an assault become a hate crime? And what does that mean in terms of prosecution and punishment?

Texas Assault Law

The Texas Penal Code defines the crime of assault as:

  1. Intentionally, knowingly, or recklessly causing bodily injury to another, including the person’s spouse,
  2. Intentionally or knowingly threatening another with imminent bodily injury, including the person’s spouse, or
  3. Intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard that contact as offensive or provocative.

A charge of aggravated assault may be brought if serious injuries resulted from an assault or if a weapon was used. (Many things can be defined as a weapon.) 

Texas Hate Crime Law

The James Byrd Jr. Hate Crimes Act defines a hate crime as any crime motivated by “prejudice, hatred or advocacy of violence.” Hate crime charges can be added to criminal charges of arson, criminal mischief, graffiti, or (more often) crimes against a person. 

Hate crime charges may be brought if the crime was committed against the victim because of their:

  • Race, color, national origin 
  • Sexual orientation 
  • Religion
  • Disability
  • Age
  • Gender
  • Gender identity 
  • Work as a judge or law enforcement officer

In high-profile cases, the FBI may investigate and federal criminal charges may be filed. 

Prosecuting a Crime as a Hate Crime

In order to be convicted of a hate crime, the prosecutor must convince a jury that the underlying crime occurred, and that it was motivated by prejudice or hate. 

“Hate speech” is not a crime, but statements of hate can be used as evidence of the motivation of the accused person. Often the prosecutor will present something the accused said to the victim. That speech was used as evidence in the 2019 case of a Dallas man who shot a transgender woman while shouting slurs at her. He was convicted of a hate crime. 

But a homophobic slur spoken before an assault on two gay men in Austin was not enough to support a hate crime charge. In that case, a plea deal resulted in misdemeanor assault charges.

What else might prosecutors use as evidence of motive for a hate crime?

  • Things the accused has written on social media, online, as graffiti, or tattoos they are wearing
  • The location of the incident (for example, a synagogue or mosque for a religiously motivated crime, or in the case of an Atlanta killer, at Asian-owned nail salons)
  • Possession of literature or membership in a group that espouses hatred toward a certain group of people 

Punishment for Hate Crimes

A conviction for a hate crime enhances the punishment applied to the original offense. It “bumps it up” one level. So, if a person was found guilty of a Class C misdemeanor, they would face punishments for a Class B misdemeanor. A Class A misdemeanor will not be sentenced as a felony but the amount of jail time could be increased to 180 days. 

The same applies to felony charges. The punishment is increased, except for a conviction of a 1st degree felony, which already has the potential for life in prison. 

If you could be facing criminal charges for a Texas hate crime, call the Fort Worth criminal defense lawyers at Lee and Wood. We have extensive experience defending people against misdemeanor and felony assault charges. Call our law office at 817-678-6771 or contact us online.