Houston DWI Lawyer | DWI Defense in Houston, TX

I have come to the conclusion that trying to continually updating three criminal law related blogs, tweeting regularly all the while maintaining a thriving law practice is unmanageable.  Unlike other lawyers and law firms that I know I write every blog entry myself.  While I have neglected this blog over the past year I have tried to regularly write on my blog that is linked to my Houston Criminal Defense website, www.mmalaw.com.  With this blog I cover the same type of issues that I covered here like sexual assault, bond issues, and theft.  Additionally, I discuss DWI issues exclusively on my Houston DwI Lawyersite, www.dwiattorneysinhouston.com.  Thus, I do not see the reason to post duplicitous information on this site.

Nevertheless, since there is so much information that I have created over the years on this site I will stay active for the foreseable future.

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Chuck Knoblauch, Bellaire High baseball standout, and former American League Rookie of the Year, has been charged under the new law that makes choking a family member a third degree felony.  Luckily, Mr. Knoblauch is presumed to be innocent.  His predicament illustrates how easily a person can be charged with a Felony in Texas now that the law has changed.  The Texas Legislation that just ended making choking a Family Member a third degree felony even if the person does not have a criminal history.  If these allegations would have been brought forward in August of this year he would be facing misdemeanor charges.  A felony charge is much more serious with the range of punishment being two to ten years in prison as opposed to the one year maximum punishment for a misdemeanor.

The ability to file these charges as a felony gives the prosecutor another tool to extort a guilty plea from a person.  On a highly contested case the assistant district attorney will likely offer to reduce the charges to a misdemeanor.  This may seem like a fair resolution unless the person is compromising.  If this is the case they should keep in mind that a second charge of Family Violence Assault is a third degree felony just like the choking charge.  Lastly, a person should keep in mind that a subsequent choking charge may be enhanced to a second degree felony if a person has a previous assault of a family member conviction.  This would increase the possible punishment from two to twenty years in the Texas Department of Corrections.

If you have any question regarding your asault case in Houston, Harris County please contact our law firm at (713) 242-1779 or click here to visit our website.

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The latest Texas legislature really went out of their way to address family violence.  The penal code has virtually been revamped in this area of the law in the last ten years.  When I became a lawyer there wasn't a distinction between an assault against a family member and one against a non family member.   The legislature enhanced family violence assault cases.  For example, it made it a third degree felony if someone had previously been convicted of an assault against a family member.  Starting on September 1st of this year, a first time family violence assault case may be filed as a third degree felony if a person impedes the normal breathing of the victim by applying pressure to the person's throat, or neck.  In other words, a choke may now be classified as a felony.  If the accused happens to have been previously convicted of an assault against a family member they may be charged with a second degree felony.  Also, the new crime of Continuous Violence Against the Family was created in this session.  It will now be a third degree felony if during a 12 month period or less a person two or more times engages in conduct that constitutes an assault against a family member.  A prior conviction of family violence assault is no longer required.  I am concerned that we see an increase in the cases that are refiled as a felony after a misdemeanor prosecutor conducts the required "RIP" call with the complaining witness in a case.

The legislature also addressed anyone that may be on bond for family violence assault. A court may require a person charged with a family violence offense to wear a global positioning monitoring system device (GPS).  Additionally, the person will bear the expense of the GPS when the court warns the person on bond about going to or near a residence, school, place of employment, or other specified location frequented by the victim.  I guess a protective order is not enough anymore. 

If you would like to speak with an attorney regarding a family violence case call our law firm at (713) 242-1779.

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Among the many changes in the Texas Penal Code which went into effect on Tuesday, September 1, 2009, is HB 176 relating  to Penal Code Section 22.02 which is the statute addressing the crime of Aggravated Assault.

The law was amended to provide that Aggravated Assault, which in most instances is punishable as a second degree felony, is punished as a first degree felony, if the actor is in a motor vehicle, and knowingly discharges a firearm at or in the direction of a habitation, building , or vehicle , and is reckless as to whether the habitation, building, or vehicle is occupied, and in discharging the firearm, causes serious bodily injury to any person.

Under the previous law if someone was shot in a drive-by shooting and injured seriously, even if the injury was as serious as paralysis, the punishment for the accused was limited to a second degree felony. The new law could mean up to life in prison for a drive-by.

If you are in need of the services of a Houston Criminal Defense Attorney call Texas Board Certifed Attorney Mario Madrid at 713-877-9400.

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A lot of new laws go into effect today.  I will discuss the more pertinent criminal law related ones in the near future, but I wanted to mention the new family violence admonishment that the court is required to give anyone before taking their plea.  They must use the following statement:

 "If you are convicted of a misdemeanor offense involving family violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim, it may be unlawful for you to possess or purchase a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(9) or Section 46.04(b), Texas Penal code. If you have any questions whether these laws make it illegal for you to possess or purchase a firearm you should consult an attorney."

The current plea admonishments used in Harris County, Texas Misdemeanor courts do mention that it is unlawful to possess or transfer a firearm or ammunition, but it was not as detailed as the new required admonishment.  Either Harris County, Texas misdemeanor judges will begin orally informing an accused or we will be seeing new written admonishments in the near future.

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Mr. Brown better keep in mind that Federal law prohibits him from possessing a firearm since he has been placed on probation for a domestic violence case.  Also, as Ron Chapman, a Florida Criminal Attorney, points out the Federal Gun Law does not allow an employee of someone convicted of domestic violence to possess a firearm during the course of their employment. Therefore his "entourage" should be on notice as well.

Routinely, attorneys fail to mention these consequences to their clients when it involves family or domestic violence.  I imagine it mainly happens when a lawyer that does not practice criminal law decides to "dabble" with these type of cases without knowing the far reaching consequences. 

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First Steve McNair at age 36 and then Arturo Gatti at age 37. Both allegedly killed by women in their early 20s. Two retired sports figures who both had the reputation of being absolute warriors. McNair an MVP who played hurt and almost carried the Tennessee Titans to a Super Bowl victory. Gatti a former junior welterweight champion who fought in some of the best fights of his generation.

Tragic. Both still very young.  Both left behind children. In my practice as a Houston Criminal Lawyer I often defend those accused of Family Violence, sometimes called Domestic Violence. The overwhelming majority of these cases involve accusations of a man committing violence against a women. Although women are charged with Assault Family Violence, it is rare.

When police are called out to the scene of a "domestic disturbance" and a women is accusing a man of assault, that man better be ready to go to jail. I am confident that the intentions of  police in these situations and the prosecutors they speak with are to protect and ensure that justice is served. However, mistakes are made. Fortunately in the United States, everyone is presumed to be innocent. It my job as a Houston Criminal Defense Lawyer to convince a prosecutor or jury of this innocence.

Gatti and McNair are examples that women can and do commit family violence.

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