Posted on September 18,2024 in Criminal Defense

If you go by the legal definition, a riot is a shockingly common occurrence. You only need seven participants to legally have a riot. If you were recently involved with a group of people who became unruly and damaged property, obstructed law enforcement, or impeded another person’s legal rights, there is a risk that you could be arrested and charged with rioting. It may be surprising how little it takes to get charged with this crime. You do not need to have had any malicious intent - a good many people have been arrested for rioting while celebrating a sports victory. If you are charged with the offense of rioting, you need an experienced Houston, TX criminal defense attorney.

What is Considered a Riot in Texas?

While most people picture a horde of hundreds of angry people running down the street smashing things and starting fires when they hear the term "riot," the legal definition is not nearly so dramatic. Texas may refer to a situation as a riot if a group of at least seven people either: 

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 Posted on September 13,2024 in Violent Crimes

There has been a nationwide push to protect healthcare workers against workplace violence. This is in response to an overall increase in the frequency and severity of physical assaults against nurses and other healthcare workers in hospitals and outpatient clinics. Texas responded by updating its assault laws to make any assault against a healthcare worker on hospital property a third-degree felony. This means that you will automatically be charged with a crime similar to aggravated assault if the victim was a nurse, CNA, doctor, or other staff member at a hospital or clinic. If you have been accused of assaulting a healthcare worker, you need an experienced Houston, TX felony assault attorney.

Who is Considered a Healthcare Worker Under the New Assault Law? 

Texas’s healthcare worker assault law covers all hospital personnel. You can be charged with a felony assault if the victim was a: 

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 Posted on September 06,2024 in Sex Crimes

Technically, it is perfectly legal to work as an escort. An escort is a person who is paid for his or her time, not for sex. There are plenty of agencies operating escort services in Texas, and many of them are registered, tax-paying corporations. However, few of these agencies survive their first sting operation. The problem with escorting is that it is nearly always a cover for prostitution. It would be quite rare for a person to accept a job as an escort and not quickly find out that he or she is expected to have sex with the clients. No matter how the agreement is worded, being paid to have sex is a crime in Texas. If you have been arrested for prostitution or for promoting prostitution, you need an experienced Houston, TX sex crimes attorney to help you.

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 Posted on August 30,2024 in Violent Crimes

Almost a year ago, the state of Texas increased the penalties for assault against a family member under HB 1589. The bill increased the penalty for assault with bodily injury against a family member. While the offense is usually a Class A misdemeanor if the defendant has a prior conviction for violation of a protective order in a family violence case, assault against a family member can now be charged as a third-degree felony.

There are significant differences between a misdemeanor and a felony, not only in immediate legal penalties but also in adverse future consequences. While assault against a family member is a serious offense, the situation may not always be what it looks like to arriving law enforcement officers. It also may not entirely be the story one person tells the police.

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 Posted on August 26,2024 in Theft

Texas SB 224 was signed into law on May 29 to address the rising number of catalytic converter thefts in the state. Harsher penalties make the theft of catalytic converters a felony while allowing prosecutors to treat multiple thefts as organized crimes. While this new law has resulted, at least in part, in the number of catalytic converter thefts dropping across the state, these thefts may also be dropping because of lower precious metal prices.

Regardless of why there are fewer catalytic converters being stolen, the extremely harsh penalties of the new law can result in many years in prison if you are convicted. Once a prison sentence is over, a felony conviction can have many unintended consequences, including the inability to obtain employment or even rent an apartment.

If you are facing catalytic converter theft charges, take these charges very seriously. Contact a Houston, TX theft attorney from Murphy & McKinney Law Firm, P.C.. We will provide you with experienced legal representation, fighting hard on your behalf to avoid a conviction.

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 Posted on August 20,2024 in Federal Crimes

Should you find yourself facing a federal arrest warrant, it is essential that you make no mistakes that could potentially jeopardize your defense. Federal charges are very different from state charges in procedure and in penalties in the event of a conviction. The sooner you have a Houston, TX federal criminal defense lawyer by your side, the sooner he or she can begin building a strong defense on your behalf.

Surrendering to Federal Authorities in Texas

If you cannot avoid a federal warrant for your arrest, turning yourself in could have a wide range of benefits. First, it allows you to appear before the U.S. Marshals Office on your own accord. This could save you the trauma and embarrassment of facing a public arrest. In some cases, surrendering to federal authorities could also dramatically reduce the amount of time you are in custody before you are able to be freed on bail.

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 Posted on August 13,2024 in Federal Crimes

Once you have a good understanding of federal warrants and arrests, you will need to know how to determine whether a warrant has been issued for your arrest and what steps you can take before the arrest occurs. Understandably, this is a difficult time. Federal charges and penalties are generally more severe than those of your state, and not knowing what the future holds is tough, to say the least.

Perhaps you will get a referral for a criminal defense attorney or choose one from the internet. Either way, if you are facing federal charges, you must be sure your attorney has experience with the federal criminal justice system. Choosing a Houston, TX federal criminal defense attorney from Murphy & McKinney Law Firm, P.C. can be the best step to take to protect your future. Attorney Doug Murphy is one of only two Texas lawyers who are Board Certified in Criminal Law.

Determining Whether a Warrant for Your Arrest Has Been Issued

Sometimes, you will not know of an arrest warrant until the moment law enforcement takes you into custody. That said, it is possible in some cases to learn of a warrant before it is executed. Federal warrants, like state warrants, must be based on probable cause. Warrants are often a matter of public record, meaning a court clerk or a check with the National Crime Information Center could inform you of a warrant's existence. Your best chance to act before a warrant is executed is to contact a Houston federal defense lawyer. Your attorney could confirm if you are facing a federal warrant and help you prepare for what comes next.

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 Posted on August 07,2024 in Federal Crimes

Thanks to the Fourth Amendment to the United States Constitution, you are protected from unreasonable searches and seizures by the United States government. Most people have an understanding of how this right impacts the police and their ability to search your home or vehicle. But it is also important to understand that this right prevents law enforcement from arresting you without cause. In most cases, when a federal criminal offense is being charged, federal authorities cannot arrest you without first obtaining a federal arrest warrant.

In some cases, you might learn of the existence of a warrant before you are arrested. In fact, there are circumstances where federal authorities will negotiate with you to surrender at a certain time and place. This is not always an option. Frequently, law enforcement will seek a warrant for your arrest for a federal crime and take you into custody at a time of their choosing.

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 Posted on July 30,2024 in DUI/DWI

Many people who spend the summer months on the water are unaware they could receive a BWI citation if they are the driver of the boat and are drinking alcohol. Being cited for BWI, or boating while impaired, can bring some fairly severe penalties, even for a first-time citation. A new law in Texas that took effect June 24, 2024, prohibits boat drivers from drinking any alcohol while operating a boat and from having open containers of alcohol nearby while operating a boat.

The law applies to both motorized and non-motorized watercraft, including rowboats, canoes, kayaks, sailboats, and aquaplanes. While a passenger on the boat may have an open alcohol container, ideally, it should not be near the driver of the boat. A BWI citation should be taken just as seriously as a DWI and an accused party can benefit significantly from having a Houston, TX criminal defense lawyer by his or her side.  

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 Posted on July 24,2024 in DUI/DWI

Anyone facing a Texas intoxication assault criminal charge should be concerned about also having civil liability for the other person's serious bodily injury. The intoxication assault crime is a felony DWI charge that requires the prosecutor to prove that the defendant's intoxication caused another's serious bodily injury. The criminal charge can thus go a long way toward also establishing civil liability. But civil liability requires proof of one element, the intoxicated driver's fault, that the criminal charge does not specifically require. Thus, the criminal intoxication assault charge does not alone establish civil liability. The elements of the crime differ somewhat from the elements of civil liability.

The consequences of a criminal charge differ markedly from the consequences of civil liability. The procedures for the crime and civil liability also differ, meaning that defending the crime and civil liability also differ. The crime may lead to a civil liability claim. But do not lump the two together. It is essential that you have an experienced Houston criminal defense attorney to sort out the details of your intoxication assault charges and provide a strong defense.

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