Assault causing a bodily injury is a serious criminal offense in Texas. It involves intentionally causing physical harm to another person, resulting in bodily injury. Getting charged with assault causing bodily injury is a very serious offense, as being convicted may result in significant fines and imprisonment. If you are facing criminal charges, contact a lawyer to fight for your innocence and seek a positive outcome in your case.

Definition of Assault Causing a Bodily Injury

According to Texas law, assault causing a bodily injury is defined as intentionally, knowingly, or recklessly causing bodily injury to another person. Bodily injury is a fancy word for any harm to your body, such as cuts and bruises, broken bones, physical pain, and more.

Potential Penalties 

The penalties for assault causing bodily injury vary based on the severity of the offense and the defendant’s criminal history. Typically, the charge is classified as a Class A misdemeanor, carrying a maximum punishment of up to one year in county jail and a fine of up to $4,000. However, certain aggravating factors, such as causing serious bodily injury or assaulting a family member, can elevate the offense to a felony, resulting in harsher penalties.

Kidnapping is a serious criminal offense that involves the intentional unlawful confinement, transportation, or abduction of another person against their will. In the state of Texas, kidnapping laws are in place to protect people from such acts and to hold perpetrators accountable. Your freedom may be in serious jeopardy if you have been arrested for kidnapping. Contact a lawyer to allow yourself to fight the charges and avoid the severe consequences of being convicted. 

Further Defining Kidnapping in Texas

According to Texas law, kidnapping is defined simply as knowingly abducting another person. 

Abduction refers to restraining a person intending to prevent their liberation or to hold them against their will. It is important to note that kidnapping can occur even if there is no demand for ransom or if the person is not moved a significant distance.

The United States legal system is composed of two distinct jurisdictions: federal and state. While both handle criminal cases, there are significant differences between federal and state crimes. Understanding these differences is important for anyone ever arrested and charged with a crime at the state or federal level. Suppose you are facing criminal charges, regardless of whether they are state or federal charges. In that case, you need to strongly consider contacting a lawyer, as not doing so will likely escalate your legal troubles. 

Three Ways State and Federal Charges Are Different 

1. Jurisdiction and authority – Federal crimes are offenses that violate federal laws enacted by Congress, such as drug trafficking across state lines or federal tax evasion. On the other hand, state crimes involve violations of laws enacted by individual states, ranging from murder, theft, and much more. Federal crimes fall under the jurisdiction of federal courts, while state crimes are typically prosecuted in state courts. The jurisdictional differences stem from the division of powers between the federal government and individual states under the U.S. Constitution. 

2. Investigative Agencies and Resources – Another notable difference between federal crimes and state crimes is the involvement of investigative agencies and resources. Federal crimes are often investigated by federal law enforcement agencies, such as the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), or Internal Revenue Service (IRS). These agencies have extensive resources, including specialized agents, forensic labs, and nationwide jurisdiction. State crimes, on the other hand, are investigated by the state and local law enforcement agencies, such as state police departments or sheriff’s offices. While state agencies also have investigative capabilities, their resources, and jurisdictional reach may be more limited compared to federal agencies.

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Blood tests in DWI (Driving While Intoxicated) cases can play a critical role in determining a person’s level of alcohol or drug impairment while operating a vehicle. These tests are generally regarded as being more accurate than breathalyzer tests. However, it is essential to understand that blood tests are not always flawless, and there may be instances where their accuracy is called into question. If you have been charged with DWI and a failed blood test is relevant to your case, understand that you have legal options to pursue at this time. Contact an attorney to understand how best to move forward to fight the charges and clear your name, as Texas law treats DWI offenses very seriously. 

Collection and Storage Procedures 

One of the crucial factors that can affect the accuracy of DWI blood tests is the collection and storage procedures. Proper protocols must be followed during the collection process to ensure the integrity of the sample. Mishandling, contamination, or improper blood sample storage may lead to inaccurate test results. Therefore, adherence to strict collection and storage procedures is crucial to maintain the blood test’s accuracy. 

Lab Analysis 

The laboratory analysis of the blood sample is another essential aspect that can impact the accuracy of DWI blood tests. The testing process involves complex scientific techniques, and errors can occur during this process. Factors such as faulty equipment, inexperienced technicians, or inadequate quality control measures can compromise the accuracy of the test results. It is essential that the lab conducting the analysis follows standardized protocols and maintains high-quality control standards to minimize the risk of errors.

You may be feeling sick to your stomach if you are facing charges for driving while intoxicated (DWI) with a child passenger. The legal consequences are severe because this could lead to child endangerment charges which could affect your rights as a parent. If you have been arrested for DWI with a child in the car, a knowledgeable criminal defense attorney can help.

What are the Penalties for Driving Drunk with a Child Passenger?

Under state law, a child does not have to be injured for you to be charged with DWI with a child passenger. In Texas, anyone who drives while intoxicated with a child under the age of 15 is breaking the law. Intoxicated means that the driver had a blood alcohol concentration of 0.08 percent or higher. Here are potential penalties you may face:

• Because driving while intoxicated with a child passenger is a felony, a conviction could result in jail time anywhere from six months to two years. 

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We know that it can be nerve-wracking to be in a jail cell unsure of what is going to happen after an arrest. What is worse, if you are arrested over the weekend you could end up behind bars for several days before you have a chance to see a judge. To get out of jail sooner, if you qualify, you can get an attorney writ bond. A Collin County lawyer will look into the charges you are facing and try to help you get home faster.

What is an Attorney Writ Bond?

Under Texas law, the person arrested is supposed to go before a judge to have a bond set before being released. Your attorney will see why you were arrested and how serious the charges are. Usually, people who have been arrested on criminal charges such as driving under the influence, possession of marijuana, or theft qualify for an attorney writ bond. That is just a legal way of saying that an attorney can arrange with the Collin County Sheriff's Department to get you out of jail so that you do not have to see a judge. The good news here is that this can take two to four hours instead of days.

When Should I Call an Attorney if I Want to Get Out of Jail?

As soon as you have been fingerprinted and processed at the local jail, you should contact the Law Offices of Biederman & Burleson P.L.L.C. to see if you qualify for an attorney writ bond. We are open 24 hours a day. We will take care of the rest. If you are in jail and you call us, we will come to you to figure out how to get you out. If you are calling for a family member or friend who got arrested, you do not have to make the trip to our office, we can sort out the details over the phone, email, or text messages.

Many states have moved towards legalizing marijuana. Some states, like Colorado and Illinois, have legalized cannabis for recreational use. Other states, like Ohio, have medical marijuana programs that allow people with certain medical conditions to use cannabis. Texas, on the other hand, has only a compassionate use program that allows low-THC products for people with certain illnesses like cancer. Anyone other than a registered participant in Texas’s compassionate use program is not permitted to possess any amount of cannabis or THC products. This means that if you are caught with marijuana in Texas, you will likely be arrested. Even if you only had a small amount for your own personal use, you could face jail time. The penalties may be far more serious for those caught with larger amounts of cannabis. If you have been arrested for a marijuana-related offense in Texas, it is important to find excellent legal representation. 

Current Cannabis Laws in Texas

The specific offense you may be charged with is dependent on the circumstances of your arrest and the amount of the substance you were caught with. If you were caught with only a small amount under 4 ounces, you will likely be charged with misdemeanor possession. A simple possession charge can still lead to up to a year of jail time, and Texas is notoriously harsh in its treatment of drug defendants.

If you were caught with more than 4 ounces, you are likely to be charged with a felony. The seriousness of the felony depends on the amount you had. Felonies are punishable by more than a year of jail time. 

Being charged with simple assault can expose you to serious legal penalties. Even the simplest forms of misdemeanor assault can lead to jail time and leave a black mark on a criminal record you may never be able to move past. However, if you are charged with aggravated assault, your situation is a fair bit more serious. Aggravated assault is a felony rather than a misdemeanor and could result in over a year of time in prison if you are convicted. The main difference between simple and aggravated assault is the seriousness of the assault. In Texas, assaults that result in serious bodily harm or involve the use of a deadly weapon can be considered aggravated assaults. Because aggravated assault is generally considered a violent crime, while simple assault is not, the penalties are far more serious. If you are facing aggravated assault charges in Texas, it is important to make finding an experienced criminal defense attorney a high priority. 

Simple Assault Explained 

In order to understand aggravated assault, it is important to first know what types of conduct constitute simple assault in Texas. Generally, there are three ways to commit simple assault: 

• Causing physical harm - Intentionally or recklessly causing any physical harm including pain or bruises on another person can be considered an assault. 

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Driving while intoxicated (DWI) can lead to tragic consequences, including serious injuries or even death. In Texas, like many other states, the law treats these cases very seriously due to their potential for harm. While all DWI offenses are taken seriously by law enforcement, situations in which drunk driving allegedly led to someone being injured or killed are likely to result in especially severe penalties. Those who could potentially face charges of intoxication assault or intoxication manslaughter will need to understand their options for defense, and by working with an experienced attorney, they can take steps to protect their rights and resolve their cases successfully.

Texas DWI Laws and Penalties

In Texas, a person may be charged with the offense of driving while intoxicated if they were physically or mentally impaired due to the use of alcohol or drugs. When drunk or intoxicated driving results in injury or death, additional charges may be imposed on top of the penalties that would apply for DWI. These charges may include:

DWI Resulting in Injury

If an intoxicated driver was involved in an accident, and someone else suffered serious bodily injuries, the driver may be charged with intoxication assault. Serious bodily injuries may consist of any forms of bodily harm that significantly increase the likelihood of death, as well as injuries that lead to disabilities or cause permanent scarring and disfigurement. Intoxication assault is a third-degree felony. If convicted, a driver may be sentenced to a minimum of two years and a maximum of 10 years in prison, and they may also be required to pay up to $10,000 in fines.

More and more states are beginning to legalize marijuana for either medical or recreational purposes. If you live near the New Mexico border, it is not difficult to drive across the state line, purchase THC products, and then drive home. While cannabis may be legal in New Mexico, it becomes illegal as soon as you cross the state line back into Texas. It is also federally illegal. Upon returning to Texas, you could be arrested if you are caught with cannabis. You could face serious charges, ranging from simple possession for personal use to drug trafficking or possession with intent to distribute. If you purchased a large quantity, it is more likely that you could be charged with a felony rather than a misdemeanor. Although you may have heard that others have succeeded in retrieving cannabis from New Mexico or another legal state, doing so means taking a significant risk. If you have been arrested for having THC products in Texas, it is important to take the situation seriously and find a skilled criminal defense lawyer. 

Possible Criminal Charges for Marijuana in Texas 

Bringing marijuana into Texas can result in a number of different criminal charges. The charge you face may also depend on whether you are caught by police while returning from a legal state. Possible charges you could face for having cannabis in Texas include: 

• Possession - Simple possession of marijuana is generally a misdemeanor. If you only had a small amount for personal use, you will likely be charged with a misdemeanor. 

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Due to the rising cost of housing and the stagnation of wages, more and more young adults are choosing to live with roommates. Roommates can be fun to have if you all get along well. Unfortunately, conflict often arises when there are very different people trying to cohabitate in the same house or apartment. There is a general loss of privacy that comes with living with others. You may find that some of your roommates are messy while others are neat, or that some are night owls while the others are early risers. Conflict between roommates can easily build up until one day, it turns violent. There does not need to be a full-blown attack or brawl for criminal charges to be levied. In fact, as little as a shove or slap can be considered an assault. If this action is taken against a person you live with, you could be charged with domestic violence. Domestic violence is a far more serious charge than simple assault. If you are facing domestic violence charges after assaulting a roommate, it is important to seek the advice of an attorney immediately. 

Domestic Violence is a Victim-Based Offense 

The difference between simple assault and domestic violence lies in who the victim is to the offender. Most types of familial or romantic relationships between victim and offender will move the offense from simple assault to domestic violence. What is less well-known by the general public is that an assault against any member of your household is considered domestic violence rather than simple assault. It does not matter if you are living with a romantic partner, with family, or with platonic roommates - if you assault one of them, you are likely to be charged with domestic violence. 

Domestic Violence is More Serious Than Assault 

While both charges are generally misdemeanors, domestic violence is by far the more serious offense. The legal penalties, like potential jail time and fines, are higher for domestic violence. You should also know that while you may be able to have a simple assault charge expunged one day, there is no such option if you are instead convicted of domestic violence. Additionally, there is a massive difference in the collateral consequences. Others who see “domestic violence” on your criminal record may make untrue assumptions about who you are as a person. 

Getting a DWI may seem like a relatively minor issue - it is a misdemeanor in Texas after all, at least in most cases. However, it can have a major impact on your life and your finances. You probably know a little about the judicial consequences of a DWI. You could go to jail, and you may need to pay a fine. In Texas, that fine can be up to $2,000. However, the fine is far from the only financial impact you may face as a result. These additional non-judicial penalties are collectively known as “collateral consequences.” Many people who have a criminal conviction find that the societal collateral consequences are worse than the judicial penalties. If you have been arrested for a DWI in Texas, it is important to speak to an attorney as soon as possible. Ideally, you should speak with a lawyer before your first court appearance so that your own attorney can be the one defending you from the outset. 

Financial Harm Associated With a DWI Conviction 

Some of the financial harms stemming from a DWI begin even before you have been convicted. Your license may be suspended automatically and nearly immediately. Hidden costs and financial losses that can come from a DWI include: 

• Transportation - Having your driver’s license suspended can be incredibly inconvenient, but it can also be very expensive. When you cannot drive yourself, it is likely that you will need to pay for transportation. At best, you will likely need to pay bus fares, but that is only if your area has good public transportation. You may need to pay for taxis or a rideshare service to get around town, which can become very expensive very quickly. 

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The foundation of every criminal case in the United States is that each defendant is innocent until proven guilty by a jury of their peers in a criminal trial. In every case, the defendant does not have to prove their innocence, but it is the prosecutor who has the burden of proof to prove their guilt. The burden of proof sets the standard that the prosecution must meet in order to secure a conviction. In criminal cases, this standard is set at “beyond a reasonable doubt.” This stringent requirement reflects the importance of protecting the rights and liberties of individuals and emphasizes the need for a strong and compelling case against the accused.

Evidentiary Responsibility

Because it is the prosectuor who has the burden of proof in a criminal case, they must present credible and convincing evidence to establish each element of the crime charged. This responsibility includes both the duty to produce evidence and the obligation to present it in a manner that is logical, coherent, and legally admissible. The prosecution must present a narrative that connects the evidence to the elements of the offense and leaves no reasonable doubt as to the defendant's guilt.

Protecting Individual Rights

The burden of proof acts as a safeguard for individual rights within the criminal justice system. By placing the responsibility on the prosecution, it prevents the accused from being unfairly burdened with proving their innocence, which would go against the presumption of innocence. This principle ensures that the state bears the weight of proving guilt, protecting individuals from potential abuses of power and wrongful convictions.

Thousands of Texans are arrested yearly on drug charges, ranging from possessing marijuana and THC products to more serious narcotics-related offenses. If you fail to address the charges against you, you could face serious legal repercussions including hefty fines or imprisonment. However, it's worth noting that writ bonds can offer considerable relief for defendants - a detail that is often overlooked. This article will explore the intricacies of writ bonds and their significance in drug-related cases.

Understanding Drug Charges

In the state of Texas, drug charges can vary widely in their severity. The penalty for drug possession depends on the type and amount of drug involved. If one has a small amount of marijuana, the consequence may be a fine, but possessing a larger quantity of potent drugs could result in a long prison term. If you are caught with drugs, regardless of the type, you will be subject to arrest and the legal system. This could be a stressful and disruptive experience leading up to your trial or plea bargain.

The Role of Writ Bonds in the Legal Process

That's where writ bonds come into play. A writ bond is a legal instrument used by an attorney to expedite a defendant's release from jail after an arrest. A writ bond can help defendants get released faster, sometimes within a few hours, compared to waiting for days or weeks for a bail hearing. This legal tool hinges on the attorney's assurance that their client will appear for all required court dates.

If your son, daughter, spouse, partner, or other loved one was accused of stealing from a retail store, you may be unsure of how to help them. Shoplifting charges can carry serious consequences, such as costly fines and even jail time. One important step you can take to help your loved one is to secure an attorney writ bond.

A Writ Bond Can Get Your Loved One Released Sooner

An attorney writ bond allows a criminal suspect to be released from police custody or jail much sooner than he or she would otherwise be released. In order for a judge to grant an attorney writ bond, they must be convinced that the accused individual will appear in court for their bond condition hearing. An attorney writ bond essentially serves as a promise that the accused will show up in court, and it is backed by a financial guarantee. If the accused fails to appear for their court hearing, they forfeit their bond and the amount of money that was put up to secure their release.

What Do I Need to Secure an Attorney Writ Bond?

In order to secure an attorney writ bond, you must contact a law firm qualified to provide attorney writ bonds, such as the Law Offices of Biederman & Burleson P.L.L.C.

As the school year ends and many high school and college students begin their summer breaks, the potential for underage drunk driving arrests increases. Like all other U.S. states, the legal drinking age in Texas is 21. Individuals under age 21 are not permitted to purchase or consume alcohol, let alone drive under the influence of alcohol.

If you, your child, or a loved one were accused of drunk driving, it is important to understand the potential penalties as well as your legal options.

Penalties for Underage Drunk Driving Depend on The Driver’s Blood Alcohol Concentration

In Texas, there is a zero-tolerance policy for underage drinking and driving. This means that a driver who is under 21 years of age may face legal consequences for having any detectable amount of alcohol in their body. You do not have to be over the legal limit to be charged with a criminal offense if you are under 21.

Over the five months that marked Texas’s 88th legislative session, over 3,400 resolutions and 8,000 bills were filed. With less than a week to go in the session, fewer than 850 bills had passed. Sometimes, legislative action helps to improve the state’s criminal justice system. However, it is not a secret that some actions tend to harm those who have been accused or convicted of criminal wrongdoing as well. As a result of both of these realities, it is critically important that those who are facing criminal allegations remain informed about the ways in which the law is constantly changing. In doing so, they may be able to craft a more successful criminal defense strategy than they otherwise might.

Inaction Was the Order of the Day 

There were several legislative priorities concerning the state’s criminal justice system that were contested during this legislative session, only to “die” before reaching the governor’s desk. Of particular note was Senate Joint Resolution (SJR) 44. Although more than 3,100 resolutions introduced during the session passed, this measure – which seeks to amend the Texas Constitution – has been postponed.  

The resolution, which was passed in the Senate almost unanimously a few months ago, sat in the House’s Committee on Criminal Jurisprudence until last week. There is no more time to vote on the resolution, which would grant judges greater discretion in denying certain allegedly violent defendants bail while they await trial. At present, Texas law generally guarantees bail for most defendants who have not been charged with capital murder.

It has widely been observed that so-called “stand your ground” laws are among the most misunderstood legal permission structures on the books in any state. Perhaps due to the forceful, empowering, and straightforward message conveyed in the nickname for these laws, there is too often a sense that individuals who wish to use force to protect themselves, others, or property can simply do as they please and raise these state laws as a defense if they are prosecuted for causing someone harm. In reality, it is not that simple.

Self-Defense Laws in Texas 

The act of self-defense is protected in specific and limited ways by the law. While stand your ground legislation expands the traditional foundations concerning when, how, and why someone can exercise force in self-defense, no state’s law permits the use of force – let alone deadly force – without justification.

Texas law states that a person is justified in using force against another individual when he or she “reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force.” Furthermore, the type of force used must be appropriate, given the nature of the threat he or she faces. 

If a loved one has just been arrested, you may be working desperately to get them out of jail. Unfortunately, you may be running into a scenario wherein a judge or magistrate is not available to conduct a bond hearing for several days. Perhaps it is a weekend, a holiday, or the official assigned to your loved one’s case is simply overbooked. Regardless of why your loved one cannot immediately participate in their bond hearing and be released, they will likely need to sit in jail until that hearing takes place. That is, unless they qualify for an attorney writ bond.

What Is an Attorney Writ Bond?

Under certain circumstances, a licensed attorney in Texas is permitted to enter into an arrangement with a local Sheriff's Department to get a defendant out of jail before they have participated in a formal bond hearing.

Who Is Eligible for an Attorney Writ Bond?

This opportunity is generally reserved for relatively low-level alleged offenders. For example, your loved one may be eligible for an attorney writ bond if they were arrested for possession of marijuana, impaired driving, or other non-violent offenses. This opportunity is not available for those who have been arrested for assault, most sexual offenses, and any crime that is classified as a felony.

It is very important that anyone who is facing driving while intoxicated (DWI) charges in Texas understand the gravity of their situation. “Even” a first-time alleged impaired driving offender can be sentenced to harsh punishments and suffer collateral consequences ranging from job loss to being painted as an unfit parent in family court in the event of a conviction. Yet, it cannot be denied that some DWI charges are more serious than others. For example, anyone who is convicted of a DWI while transporting a minor under the age of 15 will risk consequences that are far more severe than they would be had a child not been in an alleged offender’s vehicle at the time of their arrest.

The Particulars of Texas Law

Texas Penal Code Sec. 49.045 classifies the act of operating a vehicle while intoxicated when a minor under the age of 15 is in the vehicle as a state jail felony. This means that anyone who is convicted of this charge risks the following sentencing terms:

• A term of incarceration in a state jail to last between 180 days and two years

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