Tag Archives: felony

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.

The Difference Between Misdemeanor and Felony Charges in Texas

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When you’re facing criminal charges, it’s important to understand the severity of the situation.

In Texas, like other places in the United States, criminal charges can be divided into two main categories: misdemeanors and felonies. Both can have a significant impact on your life, but there are key differences that you should know about.

Texas Misdemeanor Charges are Considered Less Serious Than Felonies

Misdemeanor charges are considered less serious than felonies and often result in less severe penalties. There are many types of misdemeanor offenses, but here are a few examples:

In most cases, misdemeanor charges carry a maximum penalty of one year in jail and a fine.

One important thing to note is that misdemeanor charges may not always involve intent. You can sometimes be charged with a misdemeanor, even if you didn’t intend to commit a crime. For example, accidentally damaging someone else’s property can result in a misdemeanor charge for criminal mischief.

Misdemeanor charges are typically heard in a lower court, such as a municipal or district court. This means the trial process is generally less formal and less complicated than for felony charges.

Texas Felony Charges Can Carry Severe Penalties

Unlike misdemeanors, felony charges are much more serious and carry more severe penalties. Murder, rape, arson and robbery are generally felonies. The penalties for felony charges typically include a minimum of one year in prison and a significant fine. In some cases, the penalties may include life imprisonment or even the death penalty.

Unlike misdemeanor charges, felony charges almost always involve intent. This means that to be charged with a felony, you must knowingly commit a crime. Felony charges are typically heard in a higher court. The process can be more formal and complicated than for misdemeanor charges.

Defense Strategies for Texas Misdemeanors and Felonies

When facing misdemeanor charges in Texas, your criminal defense lawyer may show that the prosecution lacks sufficient evidence, negotiate a plea bargain, or show that you did not intend to commit a crime.

Felony charges need a different defense approach since they carry harsher penalties. Your attorney may challenge the prosecution’s credibility by arguing that there isn’t enough evidence or by presenting evidence that undermines the prosecution’s witnesses.

If you were coerced or forced to commit the crime, your lawyer may argue that you should not be held fully responsible for the offense.

Get a Free Consultation With a Texas Criminal Defense Lawyer

If you’re facing criminal charges, it’s important to speak with an experienced criminal defense attorney who can help you understand your rights. Whether you’re facing a misdemeanor or a felony charge, a qualified attorney can provide valuable guidance throughout the legal process.

The attorneys of Lee & Wood have decades of experience defending people against misdemeanor and felony charges in Fort Worth, Weatherford, Granbury and all surrounding areas. We’ll do everything we can to protect your rights. Call 817-678-6771 or email us today for a free initial consultation.