Is Voyeurism a Crime in Texas

Is Voyeurism a crime in Texas? Yes, it is. Under Texas law voyeurism becomes a crime when a person secretly observes or spies on individuals without their consent. Individuals who commit this crime are also called Peeping Toms. In Texas, voyeurism is considered a criminal offense and is addressed under specific statutes aimed at protecting individuals from unwanted surveillance and invasion of privacy.

Under Texas law, voyeurism is defined as the act of observing, photographing, recording, or transmitting visual images of another person without their consent and with the intent to arouse or gratify the sexual desire of any person. This includes observing individuals in private settings such as bathrooms, dressing rooms, or private residences, where they have a reasonable expectation of privacy.

Key Elements of Voyeurism: To prove voyeurism in Texas, certain key elements must be established:

  1. Observation: The defendant must have intentionally observed or recorded another person without their consent.
  2. Lack of Consent: The victim must not have consented to being observed or recorded in the manner alleged.
  3. Intent: The defendant must have acted with the intent to arouse or gratify sexual desire or to invade the privacy of the victim.

Voyeurism is considered a criminal offense in Texas and is typically classified as a Class C misdemeanor for a first offense. However, subsequent offenses or instances involving certain aggravating factors may result in more severe penalties. If the victim is under the age of 14 the crime is a state jail felony.

The Texas law voyeurism now includes observing someone remotely through electronic means. Under the Texas voyeurism observing people using drones can be prosecuted if they are doing t arouse sexual gratification.

Penalties for voyeurism in Texas may include fines, community service, probation, and even incarceration, depending on the specific circumstances of the case and the defendant’s criminal history. If you are arrested or being investigated for voyeurism hire a criminal lawyer immediately.

March 31, 2024 Uncategorized Comments Off on Is Voyeurism a Crime in Texas

Statute of Limitations for Sexual Assault of Adults in Texas

In Texas, the statute of limitations for rape, also known as sexual assault, varies depending on the severity of the offense and the age of the victim.

For cases involving sexual assault where DNA evidence is collected and preserved, there is no statute of limitations. This means that charges can be brought at any time, regardless of how much time has passed since the commission of the crime. Today we see prosecutors bringing cold case sexual assault charges involving rape accusations that were reported 20 0r 30 years ago based on DNA matches. Law enforcement has used DNA ancestry test into cold case crime solving tools.

For cases involving sexual assault where the victim is an adult at the time of the offense, the statute of limitations is typically 10 years from the date of the offense. However, this time limit may also be extended if DNA evidence is collected and preserved.

There is no statute of limitations for aggravated sexual assaults. An aggravated sexual assault occurs when the victim has severely injured or threatened with a deadly weapon. Aggravated sexual assault also includes cases where the victim is mentally or physically incapacitated.

Another scenario where there is no statute of limitations is when the same suspect is a serial rapist. Specifically, when there are 5 or more victims who have been sexually assaulted in the same or similar manner.

If you are investigated or arrested for a sexual assault charge, contact a criminal attorney as soon as possible. Do not talk with the police until you have spoken with a criminal attorney.

 

 

March 17, 2024 Uncategorized Comments Off on Statute of Limitations for Sexual Assault of Adults in Texas

Extortion Law in Texas

Extortion law in Texas is a serious criminal offense that involves coercing someone into giving up money, property, or services through threats, intimidation, or manipulation. Extortion laws in Texas are aimed to protect individuals and businesses from exploitation and abuse.

Defining Extortion in Texas: Under Texas law, extortion is typically referred to as “theft by extortion” and is covered under Chapter 31 of the Texas Penal Code. It is defined as unlawfully obtaining property or services from another person with their consent, induced by coercion or threats. Coercion can take various forms, including threats of violence, harm to reputation, or other detrimental actions intended to compel compliance.

Key Elements of Extortion: To prove extortion in Texas, certain key elements must be established:

  1. Intent: The prosecution must demonstrate that the defendant acted intentionally to unlawfully obtain property or services from the victim.
  2. Coercion: There must be evidence of coercion or threats used by the defendant to induce the victim’s consent.
  3. Obtaining Property: The defendant must have successfully obtained property, money, or services from the victim as a result of the coercion.

Penalties for Extortion in Texas: Extortion is considered a felony offense in Texas and is punished according to the value of the property obtained or sought by the defendant. The penalties for extortion in Texas are as follows:

  1. If the value of the property obtained through extortion is less than $2,500, the offense is classified as a state jail felony, punishable by 180 days to 2 years in state jail and/or a fine of up to $10,000.
  2. If the value of the property obtained through extortion is $2,500 or more but less than $30,000, the offense is classified as a third-degree felony, punishable by 2 to 10 years in prison and/or a fine of up to $10,000.
  3. If the value of the property obtained through extortion is $30,000 or more but less than $150,000, the offense is classified as a second-degree felony, punishable by 2 to 20 years in prison and/or a fine of up to $10,000.
  4. If the value of the property obtained through extortion is $150,000 or more, the offense is classified as a first-degree felony, punishable by 5 to 99 years in prison or life imprisonment and/or a fine of up to $10,000.

 

If a suspect isn’t successful in obtaining the property they may be charged with Attempted Extortion. Attempted crimes in Texas are a lower degree of criminal offense than a completed crime. For example, an Attempted Extortion charge that was for property over $150,000 is a second-degree felony. Had the property been successfully stolen then the crime would be a first-degree felony.

It’s important to note that extortion cases in Texas can be complex and may involve various legal considerations, including the admissibility of evidence, the credibility of witnesses, and potential defenses. Additionally, extortion charges may be accompanied by other related offenses, such as blackmail or coercion, which can further complicate the legal proceedings.

Defenses to extortion charges may include lack of intent, lack of evidence of coercion, or duress (i.e., being compelled to commit the offense under threat of harm or injury).

Extortion is a serious criminal offense in Texas that carries significant penalties. A person accused of extortion should seek the guidance of an experienced criminal attorney to understand their legal rights and options.

March 13, 2024 #theft, Theft Comments Off on Extortion Law in Texas

Indecency With a Child By Exposure Texas Law

In Texas, indecency with a child by exposure is a serious criminal offense outlined in Chapter 21 of the Texas Penal Code. This crime involves exposing one’s genitals to a child under in a manner that is considered lewd or sexually explicit. A child is a person under the age of 17. The prosecution does not have to prove the defendant touched the child. Just exposing one’s genitals or anus in a sexually explicit manner is all they need to make an arrest.

Under Texas law, indecency with a child by exposure is a felony offense, classified as a third-degree felony. However, the severity of the offense can be increased under certain circumstances, such as if the defendant has a prior conviction for a similar offense or if the act involves aggravated circumstances.

A conviction for a third-degree felony offense can result in a prison sentence ranging from 2 to 10 years and/or a fine of up to $10,000. Additionally, individuals convicted of this offense are required to register as sex offenders for 10 years.

Defenses to charges of indecency with a child by exposure may include mistaken identity, lack of intent, or lack of evidence to prove the elements of the offense beyond a reasonable doubt. However, individuals accused of this crime should seek the guidance of an experienced criminal attorney to understand their legal rights and possible defenses.

Overall, indecency with a child by exposure is a serious felony offense in Texas that carries significant penalties. Prosecution of this crime is vigorously pursued to protect the welfare of children and hold offenders accountable for their actions. That is why it is so important to hire a criminal lawyer as soon as possible.

March 12, 2024 CRIMINAL DEFENSE Comments Off on Indecency With a Child By Exposure Texas Law

Texas Sudden Passion Defense

Texas Sudden Passion defense is a trial strategy that can be used in the punishment stage of a trial in a murder case.  In Texas the crime of murder is a first-degree felony that has a punishment range of 5 years to 99 years or life. Texas Sudden Passion is a murder that happens in the heat of the moment when a person doesn’t have to time to think about taking a life but is reacting to the situation. It is an emotional response that often occurs during an argument.

Depending on the facts of the case the Defense may be intitled to have the Sudden Passion defense included in the Judge’s jury instructions. The Texas Sudden Passion defense is defined as ” passion arising out of provocation by the individual killed”. The passion must arise at the time of the offense and not due to former provocation. The definition for sudden passion must be due to “Adequate Cause”. The definition for adequate cause is, ” cause that would commonly produce a degree of anger, rage, resentment, or terror, in a person of ordinary temper, sufficient to render the mind of cool reflection.”

The defense can raise the Texas Sudden Passion defense in the punishment phase and has the burden of proof to prove sudden passion by the preponderance of the evidence. If the jury finds that the murder was committed due to sudden passion, then the penalty range is lowered to 2 to 20 years in prison.

If you are charged with the crime of murder, you should hire an experienced criminal attorney as soon as possible. An experienced criminal lawyer will investigate all possible defenses and any mitigating issues such as sudden passion.

 

 

March 10, 2024 MURDER Comments Off on Texas Sudden Passion Defense

Lawyer Richard Hibey Known for Representing High Profile Cases Clients.

Lawyer Richard Hibey known for representing high profile clients and controversial cases died February 19, 2024. Hibey represented ousted Philippines ruler Ferdinand Marcos and wife Imelda, spy Jonathan Pollard and former CIA Chief Clair Davis. Hibey felt it was a criminal lawyer’s duty to represent his client zealously no matter how unpopular his was client was with the American public. He believed the Amercian Justice system was an adversary process. He once said, “I figure if I do my job well then justice would be served. I think that is a moral position and it allows me to be able to represent people who are considered by others to be among the sleaze bags of the 20th century.”

This is a position every criminal attorney should agree with and follow. Although the American Justice system is not perfect it is by far the best in the world. It is the best system because it is adversarial. To work right both sides must do their best. The criminal attorney has a duty to defend his client no matter the strength of the evidence or the type of charge.

At some point in time every criminal defense attorney gets asked ” How can you defend criminals?” Most people that ask that question have never had a family member or close friend face a criminal charge. I have had many clients tell me, ” Until I was arrested, I thought everyone is guilty who was arrested by the police.” Once they are charged, they realize an innocent person can be arrested and the government is powerful force to fight against.

If you have been arrested by the police find an experienced criminal attorney and make sure that attorney believes in Richard Hibey’s philosophy in defending citizens.

March 5, 2024 CRIMINAL DEFENSE Comments Off on Lawyer Richard Hibey Known for Representing High Profile Cases Clients.

Texas Class C Assault Charge

A Texas Class C Assault charge is an assault that does not include pain or injury. Since it is a Class C charge there is no jail time included in punishment. There is only a fine up to $500. This is the same penalty range as a traffic ticket but that doesn’t mean these are not serious charges. Texas Class C Assault charges are still assaults and if you are convicted can show up on your record. Potential employers on a background check see the word “Assault” and don’t care if it’s a class C misdemeanor. They think this person is violent.

There are two ways to allege a Texas Class Assault charge. The prosecution can accuse a person of intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse. The person must have the specific intent to harm another person and that harm must be imminent. In other words, the harm is about happen.

The second way to allege a class C assault is alleging the defendant intentionally or knowingly causes physical contact with another when the person knows or should be reasonably believe that the other will regard the contact as offensive or proactive. This is the most common way the police will charge a Class C assault. If two people are arguing and one forcefully pushes the police could charge that person with a Class C Assault. There is no pain inflicted but the victim can be offended by the push.

The police can charge a person with a Texas Class C Assault by writing them a ticket or making an arrest. The police will often arrest a person for a class C if there is an altercation in a bar or at a sporting event and no real injury occurred. They will make an actual arrest to calm the situation down and to keep the parties from starting another fight after officer’s leave. The police will also make an arrest if they are called to a domestic dispute. If one spouse tells the police, they were grabbed or shoved but didn’t feel any pain officers will make an arrest but only charge the suspect with a Class C assault.

Texas Class C Assault charges are filed in city courts, and you have the same defenses as you would for any other type of assault charge. That could be self-defense, accident, consent or lack of evidence. If you find yourself charged with a Texas Class C Assault notify an experienced criminal lawyer right away. Don’t represent yourself as people often do with traffic tickets. Class C Assault charges must be taken as seriously as any other assault charge.

 

 

February 28, 2024 ASSAULT Comments Off on Texas Class C Assault Charge

Texas Felony Driving While Intoxicated Arrest

Texas Felony Driving While Intoxicated arrest is a serious crime which can have a tremendous impact on a person’s life. In Texas you can be charged with a Felony Driving While Intoxicated if you have had two prior convictions for DWI. Texas Felony Driving While Intoxicated arrest can happen to anyone who has had a history of arrest for DWI convictions. Recent news of Patrick Mahomes Dads arrest for a Texas Felony Driving While Intoxicated proves that. No matter what your status is in life the police will charge you for a felony DWI if you have previous convictions.

Even though a Felony Driving While Intoxicated arrest is serious there are defenses an experienced criminal attorney can use to defend the charge or negotiate a favorable plea bargain with the prosecutor. Successfully defending a Texas Felony DWI charge is a two-prong attack. The criminal lawyer must gather all the evidence and determine if there is a valid defense. The question of whether the defendant was “intoxicated” at the time he or she was driving is the most common defense used. A defense attorney will also examine the reasons for the police stopping the defendant and whether there was probable cause to do that. An experienced criminal lawyer will also look at whether the field sobriety test used by the officer were correctly administered and if there are problems with the blood draw and if the testing was done properly.

At the same time the criminal attorney should determine if the client has a drinking problem. Previous arrest for DWI is an indication the client needs treatment. Under the protection of the attorney client privilege criminal lawyers often have their clients undergo an evaluation to determine if they need treatment. If treatment is needed, then that should begin right away. The lawyer can decide when and how to use the evaluation or treatment during negotiations with the prosecutor.

If you are arrested for a Texas Felony DWI hire an experienced attorney as soon as possible. The consequences of a felony conviction are life changing and you will need the best defense possible.

February 25, 2024 DWI Comments Off on Texas Felony Driving While Intoxicated Arrest

Texas Stalking Law

Texas Stalking Law is a felony that involves harassing or following someone repeatedly, in a way that causes them emotional distress or fear of death or bodily injury. In Texas, stalking is a criminal offense that can result in severe legal consequences.

Texas Stalking Law:

Under Texas law, stalking is defined as the repeated and willful harassment of someone that causes them to feel threatened or frightened. This harassment can take many forms, such as following someone, making unwanted contact, sending threatening messages or gifts, or damaging property. To be charged with stalking in Texas, the following elements must be met:

  1. The defendant engages in conduct that causes the victim to feel harassed, alarmed, or fearful for their safety or the safety of others.
  2. The conduct is intentional or knowing.
  3. The conduct occurs on two or more occasions.
  4. The conduct would cause a reasonable person to feel harassed, alarmed, or fearful.

Possible Defenses for Stalking:

There are several defenses that a defendant may use to fight stalking charges in Texas. These defenses include:

  1. Lack of Intent: A defendant may argue that they did not intend to cause the victim to feel harassed, alarmed, or fearful. For example, if the defendant did not know their behavior was causing the victim to feel threatened or frightened, they may argue that they did not have the necessary intent to be guilty of stalking. The facts may allow an experienced criminal attorney argue that the defendant’s actions shouldn’t have been interpreted as a threat.
  2. No Repeated Conduct: To be charged with stalking, the defendant’s conduct must occur on two or more occasions. If the defendant can show that their behavior did not occur on multiple occasions, they may be able to avoid a conviction for stalking.
  3. False Allegations: In some cases, the victim may make false allegations of stalking. If the defendant can prove that the victim is making false claims, they may be able to avoid a conviction.
  4. Legitimate Purpose: If the defendant can demonstrate that their behavior had a legitimate purpose, they may be able to avoid a conviction for stalking.
March 5, 2023 Uncategorized Comments Off on Texas Stalking Law

Texas Indecent Assault

 TEXAS INDECENT ASSAULT LAW

The Texas Indecent assault Law is a serious criminal offense that can result in significant consequences for the accused, including imprisonment and a criminal record. Texas law defines indecent assault as an intentional and unlawful touching of another person’s intimate body parts without their consent.

Under Texas law, indecent assault is a type of sexual assault. The Texas Penal Code defines indecent assault as “intentionally or knowingly” causing contact between the defendant’s mouth, anus, or genitals and the complainant’s anus, breasts, or genitals, or causing the complainant to contact the defendant’s mouth, anus, or genitals with any part of their body.

The law specifies that the contact must be without the complainant’s consent, and that the defendant intended to gratify the sexual desire of any person. Most of the time the prosecution will try to prove the defendant committed the offence to gratify his own sexual desires.

PENALTIES FOR TEXAS INDECENT ASSAULT LAW

The Indecent Assault Law is a Class A misdemeanor. The penalty range is a minimum one day in jail and a maximum of one year in jail. There is also a fine up to $4,000. A person can also receive up to 24 months’ probation.

LEGAL DEFENSES FOR TEXAS INDECENT ASSAULT CHARGES

If you have been accused of indecent assault, you may have several legal defenses available to you. Some potential defenses include:

  1. Consent: If you can prove that the victim gave their consent to the physical contact, this can be a strong defense against indecent assault charges.
  2. Mistaken Identity: If you can show that you were not the person who committed the indecent assault, you may be able to avoid a conviction.
  3. Lack of Intent: If you did not intend to touch the victim in a sexual manner or to touch the victim with the intent of sexual gratification.
  4. False Accusations: If the complainant made false allegations of indecent assault against you, you may be able to prove your innocence with evidence such as witness testimony, surveillance footage, or text messages.

If you have been arrested for indecent assault, it is essential to seek the advice of an experienced criminal defense attorney who can help you understand your legal options and potential defenses. By working with a skilled attorney, you may be able to avoid a conviction and protect your rights and reputation.

February 25, 2023 Indecent Assault Comments Off on Texas Indecent Assault