Posted on March 12, 2010 by Herman Martinez

Athletes Comitting Assaults

As a criminal lawyer in Houston I always get questions from my friends about why more athletes do not get charged with crimes.  They understand that some sports are violent, but a lot of athletes go beyond the game.  For the most part, the Government has refrained from charging athletes for behavior that would be considered criminal.  I think the action of this Cuban baseball player would be considered to be criminal behavior. In fact, it is likely he would be charged with aggravated assault in Houston Texas.

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Posted on September 3, 2009 by Mario Madrid

Drive-by Shooting Could Mean Life in Prison In Texas

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.

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