Category Archives: Defenses

7 Potential Legal Defenses Against DWI Charges in Texas

Criminal Attorney, Criminal Defense, Defense attorney, Defenses, DWI

Facing a DWI charge in Texas can be frightening, especially if it’s your first encounter with the criminal justice system. In some instances, confusion and fear can take over, causing you to make mistakes. The good news is that a DWI arrest doesn’t automatically mean a conviction.

Texas law provides several avenues for challenging DWI charges. Understanding these potential defenses is a powerful first step. Below are some of the most common and effective legal defenses that may apply to DWI cases in Texas.

1. Lack of Reasonable Suspicion for the Traffic Stop

Virtually every DWI case begins with a traffic stop. Texas law requires officers to have reasonable suspicion before pulling someone over. This means they must be able to articulate a specific reason, such as speeding, swerving or a broken taillight, that caused them to pull you over.

If the officer lacked a valid reason, the entire stop may be deemed unconstitutional. When that happens, evidence gathered afterward, including field sobriety tests and breath tests, may be thrown out.

2. No Probable Cause for Arrest

Even if the stop itself was lawful, officers must have probable cause to make an arrest. Signs like bloodshot eyes, not answering questions, the smell of alcohol or “nervousness” aren’t always indicators of intoxication. Video footage, witness statements or inconsistencies in the officer’s report may expose a lack of credible evidence to justify the arrest.

3. Flaws in Field Sobriety Tests

Standard field sobriety tests, like the walk-and-turn or the one-leg stand, are notoriously subjective. Factors like fatigue, medical conditions, uneven pavement, poor lighting or even distracting traffic can impact performance. If these tests weren’t administered correctly or under proper conditions, the results can be challenged.

4. Breath Test Inaccuracies

Breathalyzer machines must be maintained, calibrated and operated according to strict Texas Department of Public Safety guidelines. When they aren’t, results can be unreliable. Additionally, medical conditions such as acid reflux, dietary habits or even certain medications can artificially inflate breath-alcohol readings.

5. Problems With Blood Test Procedures

Blood tests, while often seen as more accurate than other tests, are far from infallible. Chain-of-custody errors, contamination, improper storage or lab technician mistakes can all compromise results. Texas labs have faced scrutiny in the past for procedural failures. Any irregularity may open the door to a strong defense.

6. Rising Blood Alcohol Defense

Alcohol takes time to absorb into the bloodstream. It’s possible for a person’s BAC to rise between the time of the traffic stop and the administration of the test. Depending on the circumstances of your arrest and subsequent testing, your blood alcohol content at the time of driving may have been below the legal limit.

7. Violations of Your Constitutional Rights

If officers fail to follow proper procedure, such as neglecting to read you your Miranda rights or conducting an unlawful search, your constitutional protections may have been violated. These violations can lead to key evidence being suppressed, significantly weakening the prosecution’s case. These rights are important in every criminal case.

A Defense Attorney Knows When To Use These Defenses and More

A strong defense in drunk driving cases should not be left to chance, considering how serious the consequences are. There are countless ways to approach DWI defense, if you know what to look for.

At Lee & Wood, GP, our drunk driving defense attorneys have handled countless criminal cases across Texas. Call us at 817-678-6771 or send us a message.

5 Possible Defenses Against Assault Charges in Texas

Aggravated Assault, Assault, Criminal Defense, Defense attorney, Defenses

Facing assault charges in Texas can be overwhelming. The consequences, including potential fines and jail time, can have a long-lasting impact on your life.

However, being charged doesn’t automatically mean you’re guilty. Texas law provides several defenses that may help reduce or even dismiss the charges against you. Understanding these defenses is essential to protecting your rights and building a strong legal defense strategy.

1. Self-Defense

One of the most commonly invoked defenses in assault cases is self-defense. Texas law allows individuals to use reasonable force to protect themselves from harm if they reasonably believe they’re in imminent danger.

To successfully claim self-defense, you must show:

  • You did not provoke the other person.
  • You reasonably believed force was immediately necessary.
  • The level of force you used was proportionate to the threat.

Evidence such as witness statements, video footage or physical injuries may support this defense. If self-defense applies, it can completely excuse the alleged assault.

2. Defense of Others

Similarly, Texas law recognizes the right to use force to protect another person. If you reasonably believed that someone else was in immediate danger and your intervention was necessary, this defense may apply.

Like self-defense, the force used must be appropriate and proportional. This defense is especially relevant in situations where a friend or family member is being threatened or attacked.

3. Defense of Property

Under certain circumstances, Texas allows individuals to use force to protect their property. While this defense is narrower and more strictly evaluated than self-defense, it can apply in situations involving the protection of your home or belongings.

It’s important to note, however, that the law rarely excuses excessive force in defense of property. The details matter, and courts will examine whether the force used was truly necessary.

4. Lack of Intent

Assault charges can also rely on evidence of intent. In Texas, causing offensive or harmful contact without intent may not meet the legal definition of assault. For example, accidental contact during a crowded event or misunderstanding during a heated exchange might not qualify as intentional harm.

If you can demonstrate that any physical contact was accidental, the prosecution may have difficulty proving your guilt.

5. Consent

Although less common, consent can also serve as a defense in some assault cases. If both parties willingly agreed to physical contact, the legal grounds for assault may be weakened. This defense requires careful presentation and is evaluated closely by courts.

Speak to a Texas Criminal Defense Attorney

Every assault case is unique, and the defenses available depend on the facts and circumstances. If you’re facing assault charges in Texas, speaking with an experienced criminal defense attorney is essential.

At Lee & Wood, GP, our Texas team has the experience to protect your rights when facing charges. Call us at 817-678-6771 or contact us online to schedule a consultation.

TPWD Is Collecting Anonymous Tips of Wildlife Crimes

Criminal Attorney, Criminal Defense, Defense attorney, Defenses, Fishing violation, Wildlife crimes, Wildlife crimes attorney, Wildlife violations

Earlier this year, Texas Parks and Wildlife proudly announced that a new tipline was in place, making it easier to report suspicious activity or violations. It’s now easier than ever to anonymously accuse someone of wildlife crime. But is that progress?

TPWD Is Collecting Tips and Reports of Illegal Activity

Texas Parks and Wildlife Department (TPWD) is encouraging people to report suspicious activity by texting TIP411. People can also use the free Operation Game Thief App to make reports and submit photos or videos. The State even offers a bounty: Rewards of up to $1,000 are available for tips that result in a conviction.

Harsh Penalties for Wildlife Crimes

While tipline callers are offered a bounty, the accused—even if innocent—may face financial ruin. Common wildlife crimes cover several sporting areas:

Depending on the circumstances, such violations can lead to jail time as well as fines or restitution to the state. If you’re convicted, it may also mean the suspension of or loss of your license and sometimes forfeiture of equipment.

It’s Easier Than Ever To Accuse Someone of a Crime

Being fined, arrested or charged with a crime is stressful at best and life-ruining at worst. Civil or criminal charges are a serious matter requiring time, attention and resources to address properly.

It’s important to consider the implications of soliciting anonymous tips and evidence from the public at large. This may be particularly true when fake images are far more accessible than they once were.

Can Anonymous Tips Be Used in Court?

Luckily, in general, it’s not possible to use an anonymous accusation in a criminal trial. That said, a tip that leads to an independent investigation finding the accusation to be true gets around the problem.

After an anonymous tip, TPWD law enforcement officials can run an independent investigation that corroborates the information in the tip. That evidence would likely be admissible in court.

Anonymous tips, as well as any other evidence presented, must be dealt with carefully and correctly by your defense team.

Countering the prosecution’s evidence and presenting your own is the heart of an effective defense. We know how to present your side of the story in court. That can make a tremendous difference in penalties, such as fines and restitution, as well as help you keep your right to hunt and fish in the future.

Contact a Federal Wildlife Violations Lawyer for a Strong Defense

At Lee & Wood, GP, you get the benefit of an experienced wildlife violations defense attorney who is also an avid hunter. You get to talk to an attorney who understands the law and the real-life circumstances hunters face. Call 817-678-6771 or contact us online to discuss your situation.

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.