Credit Card Abuse

Credit card abuse in Texas is a serious crime that covers a wide range of fraudulent activities involving credit and debit cards. If you are charged with credit card abuse in Texas, you should meet with a criminal lawyer as soon as possible.

Texas Penal Code § 32.31

Under Texas Penal Code § 32.31, credit card abuse is defined broadly and includes various acts of fraud related to credit and debit cards. Key activities that constitute credit card abuse include:

  1. Using a Card Without Consent: Using a credit or debit card without the cardholder’s permission.
  2. Stolen Cards: Using a card known to be stolen.
  3. Expired, Revoked, or Canceled Cards: Using a card that is expired, revoked, or canceled with the intent to defraud.
  4. Counterfeit Cards: Creating, using, or attempting to use a counterfeit card.
  5. Purchasing Goods or Services: Using a card to obtain goods or services with the knowledge that the card is not valid.

Penalties

Credit card abuse is generally classified as a state jail felony. The penalties for a state jail felony in Texas include:

  • Imprisonment: Ranging from 180 days to 2 years in a state jail.
  • Fines: Up to $10,000.

Ff the offense is committed against an elderly individual (someone 65 years of age or older), the charge can be enhanced to a third-degree felony, with harsher penalties, including 2 to 10 years in prison and fines up to $10,000.

Potential Defenses

Several defenses may be available to individuals charged with credit card abuse. These defenses aim to challenge the prosecution’s evidence or provide justification for the defendant’s actions:

  1. Lack of Intent to Defraud
    • Explanation: The prosecution must prove that the defendant had the specific intent to defraud the cardholder or the financial institution.
    • Application: If the defense can demonstrate that there was no intent to defraud—perhaps due to a misunderstanding or mistake—the prosecution may not be able to win a conviction.
  2. Consent from Cardholder
    • Explanation: If the defendant had permission from the cardholder to use the card, this can negate the charge of unauthorized use.
    • Application: Evidence such as written or verbal consent from the cardholder can be pivotal in proving that the defendant had authorization to use the card. Evidence that shows a reasonable person in the defendant’s shoes could also be a valid defense.
  3. Mistaken Identity
    • Explanation: Mistaken identity can occur in cases where someone else used the card and the defendant was wrongfully accused.
    • Application: Establishing an alibi or presenting evidence that the defendant was not the person who used the card can be critical in disproving the charges.
  4. Duress or Coercion
    • Explanation: If the defendant was forced or coerced into using the card under threat of harm, this can be a defense against the charges.
    • Application: Demonstrating that the defendant acted under duress or coercion can mitigate responsibility and lead to reduced charges or dismissal.
  5. Insufficient Evidence
    • Explanation: The prosecution must provide substantial evidence to prove the defendant’s guilt beyond a reasonable doubt.
    • Application: Challenging the credibility, accuracy, and completeness of the prosecution’s evidence can result in a favorable outcome for the defendant.

Conclusion

Credit card abuse is a serious offense in Texas with severe penalties. However, various defenses are available, ranging from lack of intent to duress. It is crucial for individuals facing such charges to seek the assistance of an experienced criminal defense attorney to best outcome for the accused.

 

June 8, 2024 Uncategorized Comments Off on Credit Card Abuse

Aggravated Assault of a Police Officer

Aggravated Assault of a Police Officer

Aggravated Assault of a police officer is a serious criminal charge in Texas, carrying severe penalties.  Aggravated assault is an enhancement of the basic assault charge. An assault becomes “aggravated” if it involves:

  1. Serious bodily injury to another person, or
  2. The use or exhibition of a deadly weapon during the commission of the assault.

When the victim is a police officer or public servant, the offense becomes significantly more serious. To convict someone of aggravated assault of a police officer, the prosecution must prove:

  1. Intentional, Knowing, or Reckless Conduct: The defendant must have acted intentionally, knowingly, or recklessly in causing bodily injury.
  2. Serious Bodily Injury or Deadly Weapon: The injury must be serious, or the assault must involve using a deadly weapon or threatening an officer with a deadly weapon.
  3. Victim’s Status as a Police Officer: The victim must be a police officer or public servant.
  4. Official Duty: The officer must be performing an official duty at the time of the assault.
  5. Knowledge of Victim’s Status: The defendant knew or should have known that the victim was a police officer performing an official duty.

Penalties

The penalties for aggravated assault of a police officer are severe. It is classified as a first-degree felony, which can result in:

  • Imprisonment: 5 to 99 years or life in prison.
  • Fines: Up to $10,000.

Possible Defenses

Several defenses may be available to someone charged with aggravated assault of a police officer in Texas. These include:

  1. Lack of Intent: The defense may argue that the defendant did not act intentionally, knowingly, or recklessly.
  2. Self-Defense: If the defendant believed they were in imminent danger of harm, they might claim self-defense. This is particularly pertinent if there is evidence that the police officer used excessive force.
  3. Defense of Others: Similar to self-defense, this applies if the defendant was protecting another person from imminent harm.
  4. Mistaken Identity: The defense might argue that the defendant was not the person who committed the assault.
  5. Lack of Knowledge: The defendant may claim they did not know the victim was a police officer, particularly if the officer was not in uniform and did not identify themselves. This defense often occurs when offices force their way into a home to serve a warrant.
  6. Unlawful Arrest: If the arrest was unlawful or the officer was not performing an official duty, this could be a defense against the charge.

Hire an Experienced Criminal Lawyer

If you have been arrested for Aggravated Assault of a police officer hire an experience criminal lawyer as soon as possible. An experienced criminal lawyer can investigate your defenses and protect your rights.

May 26, 2024 Uncategorized Comments Off on Aggravated Assault of a Police Officer

Scottie Scheffler Assault of a Police Officer

The Scottie Scheffler Assault of a Police officer serves as a great example of how a person can find themselves charged with a serious felony. When we think of assault of police charges the first thing that comes to mind is some type of shootout with the police. But there are many other scenarios that can cause a person to be charged with assault of a police officer.

Scottie Scheffler assault of a police officer charge occurred when Scheffler tried to drive into the Valhalla Golf Club for the PGA Championship. There were many police officers outside the club investigating an incident where man had struck by a bus. Scheffler arrived for his pre-round warm up and attempted to drive his car around a stopped line of cars to get the club. A Louisville Police officer tried to stop Scheffler and claims to have been dragged by Scheffler as he continued to drive his car. The officer sustained some injuries and police charged Sheffler with several charges including Aggravated Assault of a Police Officer and Reckless Driving.

From the facts we know it appears Scheffler may have some very good defenses to the charges. Witnesses claim that Sheffler was directed by another police officer to drive to the gate and around the other cars. If Scheffler was following the instruction s of another police office that would be evidence that would negate a reckless action.

There is other evidence Scheffler may not have known the injured officer was an actual policeman. Some witnesses stated that the officers had yellow reflective vest and were dressed the same as the security guards.  The prosecution will have to be prove beyond a reasonable doubt Scheffler knew the officer was a police officer acting in the line of duty.

The prosecution would also have to prove that Scheffler’s was driving reckless and caused the officer injuries. Witnesses claim Scheffler was driving very slowly and did not travel a great distance. Many news reports stated the officer became “attached” to Scheffler’s car. He apparently did that by leaping on to the car in some way. A jury or grand jury may believe the officer overreacted and escalated the situation.

Scheffler told reporters that the entire situation was confusing, and this appears to be an accurate description of what happened. That confusion can make it difficult to prove Scheffler intentionally or recklessly assaulted the police officer. Scheffler also appeared calm and did not come of arrogant or provided. He has a great reputation of being a good person who treats other with respect.

It would not be surprising to see the District Attorney dismiss the felony charges or have a grand jury No Bill those cases. If you are ever charged with assault of a police officer retain a criminal attorney as soon as possible. An experience criminal attorney can guide you through the legal process and build a defense to the criminal charges. e

May 19, 2024 Uncategorized Comments Off on Scottie Scheffler Assault of a Police Officer

Texas Felon Gun Possession

 Texas Felon Gun Possession is third degree felony that has a penalty range of two to ten years in prison and a fine up to $10,000.  A person who has been convicted of a felony can’t possess a gun. If a person has more than one separate felony conviction the penalty range may be enhanced.

Key aspects of the Texas Felon Gun Possession:

  1. Prior Felony Conviction: The individual must have a previous felony conviction on their record.
  2. Possession of a Firearm: The offense involves the knowing possession of a firearm by a person with a felony conviction. Firearms encompass various types of weapons, including handguns, rifles, shotguns, and other firearms regulated under state and federal law.
  3. Prohibited Possession: Texas law prohibits felons from possessing firearms, except in limited circumstances such as when their firearm rights have been restored under state or federal law.

Legal Defenses Against Charges of Possession of a Firearm by a Felon

Individuals facing charges of Texas felon gun possession may have several legal defenses available, depending on the circumstances of their case:

  1. Lack of Knowledge: If the defendant was unaware of the presence of the firearm or mistakenly believed they were not prohibited from possessing it, they may argue lack of knowledge as a defense. This defense requires evidence demonstrating that the defendant did not knowingly possess the firearm or was unaware of their legal status as a felon.
  2. Illegal Search and Seizure: Defendants may challenge the legality of the search or seizure that led to the discovery of the firearm. If law enforcement officers obtained the firearm through an illegal search or seizure in violation of the defendant’s Fourth Amendment rights, the evidence may be suppressed, leading to the dismissal of charges.
  3. Factual Innocence: In some cases, defendants may assert factual innocence by claiming that they were not the actual possessor of the firearm or that the firearm belonged to someone else. This defense requires presenting evidence that undermines the prosecution’s case and establishes the defendant’s innocence.
  4. Firearm Rights Restoration: If the defendant’s firearm rights have been restored under state or federal law, they may argue that their possession of the firearm was lawful. This defense typically requires demonstrating that the defendant’s rights were restored through a pardon, expungement, or other legal process.
  5. Constitutional Challenges: Defendants may challenge the constitutionality of the law prohibiting felons from possessing firearms, arguing that it violates their Second Amendment rights or other constitutional protections. While such challenges may be difficult to succeed, they can raise important legal issues for consideration by the court.
  6. Necessity: Depending on the facts a person may be able to argue it was necessary to have a gun if they were put in a situation where they must protect their life by possessing a gun. The necessity defense allows a person to break a law to prevent injury or loss of life.
  7. Five Years Have Passed Since Release: If there is evidence five years have passed since the defendant was released from prison, probation, or parole supervision there is a legal defense. Sometimes there is confusion regarding the release date. If the evidence can be brough to the prosecutor’s attention they should dismiss. The defense can also be used in trial if the prosecutor’s evidence on this element is weak or confusing.

Conclusion

Possession of a firearm by a felon in Texas carries severe penalties and can have lasting consequences for individuals convicted of this offense. However, defendants facing such charges have legal defenses available to challenge the allegations against them and protect their rights. A person charged with possession of a firearm by a felon should hire an experienced criminal defense attorney

May 16, 2024 Uncategorized Comments Off on Texas Felon Gun Possession

Texas Car Theft

 Texas Car Theft is a serious crime that can lead to significant legal consequences. In the penal code Texas Car Theft is called Unauthorized Use of a Motor Vehicle. Criminal lawyers and prosecutors refer to the crime as UUMV. Texas Car theft is a State Jail Felony. The penalty range is from 180 days jail to 2 years in a state jail facility. If the defendant has no felony conviction they may receive probation as well.

Elements of Unauthorized Use of a Motor Vehicle

To establish unauthorized use of a motor vehicle in Texas, prosecutors must prove certain elements beyond a reasonable doubt:

  1. Without Consent: The prosecution must demonstrate that the defendant took or operated the motor vehicle without the owner’s consent. This lack of consent can occur through various means, such as theft, borrowing without permission, or using the vehicle beyond the scope of permission granted.
  2. Intent: The prosecution must establish that the defendant acted intentionally in taking or using the vehicle without permission. This implies that the defendant knew they lacked consent or recklessly disregarded whether they had permission.
  3. Motor Vehicle: The term “motor vehicle” encompasses various types of vehicles, including cars, trucks, motorcycles, and boats, which are primarily designed for use on highways or waterways.
  4. Knowing the Vehicle was Stolen or Altered: In some cases, the prosecution must prove that the defendant knew the vehicle was stolen or had been altered to disguise its identity.

Possible Defenses to Texas Car Theft

When facing charges of unauthorized use of a motor vehicle in Texas, several defenses may be applicable, depending on the circumstances of the case:

  1. Owner’s Consent: If the defendant had the owner’s permission to use the vehicle, whether explicitly or implicitly, this can serve as a potent defense. Evidence supporting consent, such as witness testimony, written agreements, or communication records, can bolster this defense.
  2. Lack of Intent: If the defendant genuinely believed they had permission to use the vehicle or acted under a mistaken belief that they had lawful authority, they may argue lack of intent. However, this defense requires evidence supporting the defendant’s state of mind at the time of the alleged offense. The condition of the car can be important in the defense. If the steering column is broken or there is other evidence the car was tampered with this defense would be weak.
  3. Claim of Right: In certain situations, the defendant may have a legal claim of right to the vehicle, such as a dispute over ownership or an assertion of joint ownership. If the defendant reasonably believed they had a legal entitlement to the vehicle, this could be a very good defense.
  4. Duress or Necessity: The defendant may argue that they took or used the vehicle under duress or out of necessity to prevent harm to themselves or others. This defense typically requires demonstrating that the defendant faced an immediate threat or emergency situation compelling them to act unlawfully.
  5. Entrapment: In rare cases where law enforcement induces or coerces an individual to commit unauthorized use of a motor vehicle, the defense of entrapment may apply. This defense asserts that the defendant would not have committed the offense if not for the undue influence of law enforcement.

Conclusion

If a person is charged with Texas Car Theft they should meet with an experienced criminal attorney as soon as possible. A criminal attorney can explore possible defenses and guide the client through the criminal court system.

May 13, 2024 Uncategorized Comments Off on Texas Car Theft

Texas Extortion Law

Texas extortion law, prohibit a person from obtaining property or services from others through coercion or threats. In Texas, extortion is typically covered under the broader category of “theft by coercion” or “theft by extortion.”

Under Texas extortion law, a person commits theft by coercion if they intentionally or knowingly threaten or place another person in fear of imminent bodily injury or death in order to:

  1. Cause the person to submit to the threat
  2. Place the person in fear that the threat will be carried out
  3. Cause the person to deliver up property or services

This offense can be charged as a misdemeanor or a felony, depending on the circumstances and the value of the property or services involved.

Possible defenses to a charge of extortion in Texas may include:

  1. Lack of intent: If the accused can demonstrate that they did not intend to obtain property or services through coercion or threats, they may have a defense against the charge.
  2. Lack of fear: If the alleged victim was not actually placed in fear of imminent bodily injury or death, this could be a defense against a charge of extortion.
  3. Consent: If the alleged victim willingly and knowingly gave up the property or services without being coerced or threatened, this could be a defense to a charge of extortion.
  4. False accusation: If the accused can show that they were falsely accused of extortion, either due to mistaken identity or malicious intent on the part of the accuser, this could serve as a defense.

It’s also crucial for anyone facing charges of extortion in Texas to seek legal counsel from a qualified attorney to understand their rights and options.

In Texas criminal law, blackmail and extortion are often used interchangeably and are covered under the same theft statute. Both involve obtaining property or services from another person through coercion or threats.

Blackmail generally refers to the act of threatening to reveal embarrassing, damaging, or incriminating information about someone unless they comply with the demands of the person making the threat. Extortion, on the other hand, involves threats of harm, violence, or other undesirable consequences if the victim does not comply with the demands.

In practice, however, the distinction between blackmail and extortion may not always be explicitly made in Texas statutes, and both actions may be prosecuted under the same laws. The key elements that prosecutors typically need to prove in cases of blackmail or extortion

So, while the terms “blackmail” and “extortion” may carry slightly different meanings they are often treated the same under Texas criminal law.

If you are arrested for Texas Extortion law, it’s also crucial seek legal counsel from an experienced criminal attorney. Do not speak with the police before you talk with a criminal lawyer.

May 5, 2024 #extortion Comments Off on Texas Extortion Law

Rashee Rice Criminal Case

The Rashee Rice criminal case involving hit-and-run and aggravated assault charges has brought attention to criminal cases involving car wrecks. Anytime professional or college football player has been arrested there is a lot of publicity surrounding the case. Since the incident was captured on video and Rice has admitted to the police, he was the driver people ask what kind of defense his lawyers can use in the criminal case.

Defenses that would get Rice off all charges in this case are limited. Since he has admitted he was driving one of the cars and there was plenty of evidence linking him to the cars through other records identity is not an issue. When reviewing the evidence in a case a criminal attorney must decide if he will fight the case on guilt or punishment. In this case it is clear the Rice’s defense team is not fighting guilt but is trying to mitigate the punishment.

That doesn’t mean they would plead Rice to all the charges that have been brought against Rice. In fact, Rice’s lawyers will probably argue that the prosecution has over charged Rice and try to reach an agreement for a plea to some of the lessor charges. They first step in the that defense has already been accomplished. Rice has cooperated with the investigation and admitted his guilt. Taking responsibility goes a long way and trying to negotiate a favorable plea bargain.

Civil lawsuits have also been filed against Rashee Rice. This isn’t unusual especially when an NFL player is involved. Rice’s criminal attorneys will probably try and negotiate civil settlements that will help with his criminal case. Compensation of victims is something prosecutors consider during plea bargains. Restitution to victims can be a condition of probation. In some cases, criminal lawyers work out a restitution agreement with a victim and in return obtain an affidavit of non-prosecution. That is an affidavit in which the victim says I am fine with not going forward with this case. Rice is lucky that there are not severe injuries that put a victim in the hospital.

The prosecution is not bound by an affidavit of non-prosecution. They can still proceed with prosecution and even have the victim come to court to testify. However, the prosecution often takes an affidavit of non-prosecution into consideration of how they dispose of the case and give the defendant a more favorable pela bargain.

Publicity is another hurdle the defense must overcome in the Rashee Rice criminal case. Anytime a criminal case receives a lot of publicity the DA’s Office is under more pressure. Prosecutors don’t want to be criticized by the press or the public for being too lenient on crime. The defense will have a very hard time to get a complete dismissal on all criminal charges. The likely outcome is a plea deal for lessor charges with deferred probation. Rashee Rice will not be going to prison. There is a chance the prosecution could require Rice to spend some time in jail as a condition of probation.

Rice will also have to face discipline by the NFL. The NFL usually waits until the criminal case is over before they move forward. The outcome in the criminal case will be a major factor in NFL’s decision on discipline.

Anytime a person is charged with a hit-and-run charge they should hire an experienced criminal lawyer as soon as possible. The right lawyer can help achieve the best result for the client.

April 28, 2024 Uncategorized Comments Off on Rashee Rice Criminal Case

Best Dallas Criminal Lawyers

 

What makes the best Dallas criminal lawyers?  D magazine comes out with a list of best Dallas lawyers and the best Dallas criminal lawyers are included. In the dynamic and often intense arena of criminal law, being a proficient attorney requires a unique blend of skills, knowledge, and character. Here are some of the qualities that make a good criminal lawyer.

1. Expertise in Texas Law

A good criminal lawyer must have a deep understanding of the state’s legal system, including statutes, case law, and court procedures. Texas law can be complex and nuanced, so lawyers need to stay abreast of updates and changes to ensure they provide the most effective representation for their clients.

2. Trial Experience

Criminal cases often go to trial, making trial experience a valuable asset for any criminal lawyer. From jury selection to presenting evidence and cross-examining witnesses, a skilled trial lawyer can make a significant difference in the outcome of a case. Experience in the courtroom builds confidence and enhances a lawyer’s ability to navigate the intricacies of trial strategy. Trial experience also helps a criminal lawyer get the best plea deal for the client. If the prosecutor knows his opponent has great trial experience they usually take that into account on how reasonable they make their plea offer.

3. Strong Advocacy Skills

Advocacy is at the heart of a criminal lawyer’s role. The best Dallas criminal lawyer should be able to articulate arguments persuasively. Effective communication skills are essential for negotiating plea deals, presenting cases to judges and juries, and advocating for clients’ rights at every stage of the legal process.

4. Attention to Detail

In criminal law, the devil is often in the details. The best Dallas criminal lawyers carefully review evidence, pore over legal documents, and identify potential weaknesses in the prosecution’s case. A keen eye for detail can make the difference between a successful defense and a missed opportunity.

5. Empathy and Compassion

While criminal lawyers are tasked with defending their clients vigorously, they must also demonstrate empathy and compassion. Many clients facing criminal charges are experiencing profound stress and uncertainty, and a good lawyer should be able to provide not only legal guidance but also emotional support during difficult times.

6. Integrity and Ethics

Integrity is non-negotiable for a good criminal lawyer. Upholding the highest ethical standards is essential for maintaining the trust of clients, colleagues, and the courts. A lawyer who operates with integrity earns respect and credibility within the legal community and can better serve the interests of their clients.

7. Adaptability

The legal landscape is constantly evolving, and successful lawyers must be adaptable to change. Whether it’s new legislation, shifts in case law, or changes in courtroom procedures, the best Dallas criminal lawyers are able to adapt their strategies and tactics to navigate emerging challenges effectively.

8. Tenacity and Perseverance

Criminal cases can be lengthy, complex, and emotionally draining. A good lawyer must possess the tenacity and perseverance to see a case through to its conclusion, even in the face of setbacks or obstacles. Maintaining a steadfast commitment to achieving the best possible outcome for the client is paramount.

 

April 20, 2024 Uncategorized Comments Off on Best Dallas Criminal Lawyers

What are the Defenses to Hit and Run Charges

 What are the defenses to hit and run charges in Texas. That is the question anyone ask that is charged with hit and run charges in Texas.  The defenses to a hit and run charge can vary depending on the circumstances of the case. Some potential defenses might include:

  1. Lack of Knowledge: If the driver genuinely didn’t realize they were involved in an accident, the evidence may show a driver may not realize what happened.  For example, if they thought they hit an object like a pothole rather than a person or another vehicle.
  2. Lack of Intent: If the evidence shows that the driver didn’t intend to flee the scene but left due to a reasonable fear for their safety or other extenuating circumstances, they might have a defense.
  3. Duress or Necessity: If the driver left the scene under duress (e.g., someone threatened them) or out of necessity (e.g., to seek immediate medical attention), they might have a viable defense.
  4. Mistaken Identity: If the prosecution cannot prove beyond a reasonable doubt that the defendant was the driver who fled the scene, a mistaken identity defense could be raised.
  5. No Damage or Injury: If there was no damage to property or injury to individuals, the defendant might argue that there was no legal obligation to stop, though this defense is typically weaker if the accident involved a vehicle.
  6. Emergency Situations: If the driver fled the scene to seek help for injured parties or to prevent further harm, they might have a defense based on the emergency nature of the situation.
     If you have been arrested or investigated for Texas hit and run charges, contact a criminal attorney as soon as possible. If a detective calls or comes by your house to ask questions about an accident do not talk to him. Politely tell the detective you want to consult a lawyer. This is your constitutional right. The officer should understand, and a jury will understand. If you hire the right lawyer.

April 19, 2024 Uncategorized Comments Off on What are the Defenses to Hit and Run Charges

Texas Hit-And -Run

In Texas, leaving the scene of an accident, commonly referred to as a hit-and-run, is a serious offense. The penalties for leaving the scene of an accident vary depending on the circumstances, such as whether there was only property damage or if there were injuries or fatalities involved.

  1. Property Damage Only: If the accident involves only property damage (no injuries or fatalities), leaving the scene of the accident is a misdemeanor offense. The penalties for this offense can include fines of up to $5,000 and/or up to one year in jail.
  2. Injuries: If the accident involves injuries to another person, leaving the scene of the accident is considered a felony offense. If the victim experienced pain but didn’t suffer serious bodily injury the range of punishment is up to five years in prison or up to a one year in the county jail.  A person can also receive probation and a fine up too $10,000.
  3. Fatalities: If the accident results in the death of another person or causing serious bodily injury leaving the scene of the accident is a second degree. The penalty range is two to twenty years and a fine up to $10,000.

The accident does not have to be caused by the person who left the scene to be charged with a criminal case. The accident may be the fault of the person who was killed or injured, but all parties involved must remain at the scene.

Additionally, regardless of whether the offense is charged as a misdemeanor or a felony, leaving the scene of an accident can result in the suspension or revocation of the driver’s license.

It’s important to note that a person can receive deferred probation for a hit-and- run offense. If a person successfully makes it through deferred probation, then the case is dismissed.

If you are arrested or investigated for a hit and run crime in Texas, you need to speak to an experienced criminal attorney right away. You may have very good defenses to the charge. A criminal attorney can advise of the available defenses and directly deal with the police.

 

April 15, 2024 Uncategorized Comments Off on Texas Hit-And -Run