New Misdemeanor Admonishments In Houston

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.

 

'Till Death Do Us Part

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.

Family Violence Rises During A Recession.

As a Houston criminal lawyer that handles assault cases I aware how it impacts the entire a family  that is involved.   I am troubled by stress that the economic slowdown has caused on so many families.  Since the economic downturn began more than four fifths of the workers laid off have been men.  Historically, men have resorted back to their alpha male ways when they feel depressed.   Men have created their own domains throughout the years by resorting to bars, gyms, and even today the media room is typically the male territory.  Most disturbing is that the unemployed man follows alcoholics and drug addicts as the demographic group most likely to commit family violence. 

If you find yourself accused of an assault case please contact our law firm (713) 242-1779 for a free consultation.  We assist defend people in Harris County, and it the surrounding counties like Montgomery and Fort Bend County.

http://www.martinezlawhouston.com