What Defines Capital Murder in Texas?

Capital murder is defined under Section 19.02(b)(1) as a murder with additional aggravating circumstances. As the most severe crime in the state, capital murder also brings the most severe punishment – the death penalty. Capital murder is defined as intentionally or knowingly killing a person under specific circumstances, such as murder for hire, the murder of a peace officer or firefighter, or murder during the commission of a serious crime. Capital murder – like murder – requires intent, premeditation, or indifference to human life.

What Are the Other Types of Murder in Texas?

What most states refer to as “first-degree” murder, Texas calls capital murder. Murder in the state can be charged when a person intentionally or knowingly causes the death of another person or intends to cause serious bodily injury and commits an act that results in the death of another person.

While often a first-degree felony, murder can be charged as a second-degree felony if the act was committed in the heat of passion. A first-degree felony for murder can result in from five to 99 years in prison, with the possibility of parole and fines as large as $10,000. A second-degree felony murder charge is punishable by two to 20 years in prison and fines as large as $10,000.

Manslaughter occurs when a person’s death is caused by a reckless disregard for human life and can be separated into involuntary manslaughter and voluntary manslaughter. Both are considered second-degree felonies with punishments of two to 20 years in prison and fines up to $10,000.

Criminally negligent homicide involves causing the death of another person through criminal negligence like reckless driving. Criminally negligent homicide is a state jail felony; a conviction for this offense carries between 180 days and two years in a state jail facility and a fine as large as $10,000.

What Are the Potential Defenses Against Murder?

While your specific defense will depend on the circumstances and facts surrounding your charges, some of the more common defenses for murder charges include:

• Mistaken identity occurs when a witness misidentifies a person charged with murder. Even though eyewitnesses may not mean to identify the wrong person, human memory is fallible.
• Self-defense can be a defense when equal force is used to protect the individual or their loved ones. An attorney will show the person charged with murder did not instigate the threatening situation and had a reasonable fear of death or bodily harm.
• Insanity can be used as a defense to murder in some instances if the person suffers from temporary or permanent diminished mental capacity to the extent that he or she does not realize the act is wrong.
• An attorney may be able to prove that there was no criminal intent to harm the other person (an element of murder) and that the death of the person was an accident rather than murder.

Contact a Cooke County, TX Murder Lawyer

There is no crime with harsher penalties than murder – particularly capital murder. When your life is on the line, you need a Denton County, TX murder attorney from Magaña & Van Dyke to strongly defend your rights and your future. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol.

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What Are Sex Crimes Against Children?

The most commonly charged sex crimes against children in the state of Texas include:

•  Criminal Solicitation of a Minor
•  Indecency with a Child Under 17
• Improper Relationship Between Educator and Student
• Sexual Performance by a Child
• Possession or Promotion of Child Pornography
• Child Molestation
• Continuous child molestation

Penalties for Sex Crimes Against Children

Indecency with a child may be charged as a first-, second-, or third-degree felony. A third-degree felony for indecency with a child carries a penalty of no more than 10 years and no less than two years in prison. An improper relationship between an educator and a student is a second-degree felony, punishable by no more than 20 years or no less than two years in prison.

The sale, distribution, or display of harmful material to a minor under 18 is either a Class A misdemeanor (up to one year in jail and a fine of $1,000) or a third-degree felony (up to 10 years in jail, but no less than two years). Sexual performance by a child involves any performance (play, video, motion picture) is a second-degree felony with penalties of no more than 20 years in prison and no less than two years.

Employment harmful to children is a Class A misdemeanor, punishable by up to $4,000 in fines, up to one year in jail, or both. Possession or promotion of child pornography is either a third-degree felony punishable by no more than 10 years in prison and no less than two years or a second-degree felony punishable by no more than 20 years in prison and no less than two years. Child molestation is also a second-degree felony with the same penalties as those listed above

Potential Defenses for Child Sex Crimes in Texas

Child sex crimes are among the most difficult to defend. While each case is unique and will require a highly tailored defense, below are some of the most commonly used defenses to sex crimes against children.

• Examining a child’s testimony to determine whether the child has been coached by an adult with an ulterior motive.
• Determining whether statements from the accused were improperly obtained.
• Determining whether other civil liberties of the accused were violated, such as no Miranda reading or refusing the defendant’s request for an attorney.
• Police errors, including improper collection and handling of physical evidence.

Contact a Denton County, TX Sexual Abuse of a Child Lawyer

If you are facing charges involving a sex crime against a child, it is extremely important that you speak to a knowledgeable criminal defense attorney as quickly as possible. When you have a Cooke County, TX sexual abuse of a child attorney from Magaña & Van Dyke, you can expect the best outcome possible for your charges. Call 940-382-1976 today to schedule your free consultation. Se Habla Espanol.

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Can the Police Come In If the Owner Refuses?

The United States and Texas Constitutions protect the right of people to be secure in their “persons, houses, papers, and effects” against unreasonable searches. By definition, then, a search must be reasonable. If a search is later deemed to be unreasonable, all the evidence gathered from that search will be considered inadmissible.

The police almost always need a warrant to enter a person’s home without permission. To get that warrant, they must convince a judge, based on probable cause. A search is virtually always unreasonable without a warrant – or permission from the homeowner – with a couple of exceptions. If the police are knocking on the front door, the owner does not have to open the door.

If the owner does open the door and the police ask to come in, the owner should ask whether they have a warrant. If they say they do have a warrant, the owner should ask that they hold it up to a window or slide it under the door. Chatting with the police, even through a screen door, is virtually never a good idea.

The minute a person talks to the police, evidence begins to accumulate that can be used against him or her. The only thing anybody should ever say to the police (other than providing his or her name and address if asked) is, “I will not answer questions without a lawyer present.” But what about those “exceptions”? Police without a warrant can enter a home when there are “exigent circumstances.”

What Are Exigent Circumstances?

Texas courts detail three situations that can be considered under exigent circumstances:

1. To prevent the destruction of evidence or contraband
2. To render assistance to a person believed to be in danger
3. To protect the officers from a person inside the home believed to be armed and dangerous

So, there are three situations in which an officer can enter a home: the owner gives the police permission to enter, the police have a warrant, or the police believe there are exigent circumstances. Even those who have absolutely nothing to hide should never invite the police into their home unless they have a warrant. If the police try to muscle their way in, never resist or run; people who do often end up injured or dead.  

Contact a Denton County, TX Criminal Defense Attorney

If you are the victim of an illegal search and seizure, you need a Cooke County, TX criminal defense attorney who will advocate strongly for your rights. An attorney from Magaña & Van Dyke can ensure you receive a vigorous, thorough defense for any criminal charges you are facing. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol

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Sexual assault, aggravated sexual assault, and indecent assault are all very serious sex crimes, with harsh penalties and the potential of being placed on the sexual offender registry. If you are facing sexual assault charges of any type, the outcome of your charges could hinge on whether you have a highly experienced Cooke County, TX sexual assault lawyer from Magaña & Van Dyke.  

What Are the Differences Between Sexual Assault, Aggravated Sexual Assault, and Indecent Assault in Texas?

Sexual assault is one of the most serious crimes under Texas law. Non-consensual, unwanted sexual contact against another person that involves penetration constitutes sexual assault. Non-consensual means there was a lack of consent on the part of one party. Lack of consent can include physical force, manipulation, coercion, and threats of violence.

 Sexual assault is usually charged as a second-degree felony. In many cases, there is little or no physical evidence to support sexual assault allegations, making the case hinge on the word of the alleged victim. Aggravated sexual assault is sexual assault that involves additional circumstances. These circumstances include:

• Serious bodily injury resulted from the sexual assault.
• A deadly weapon was used during the sexual assault.
• The sexual assault was committed against a child or an elderly or disabled individual.

Aggravated sexual assault is usually charged as a first-degree felony. Indecent assault is the lesser of the three crimes. It is a criminal offense under the Texas indecent assault law to touch or expose certain body parts (of the defendant or the alleged victim) without explicit permission to do so. This law also makes it illegal to share bodily fluids with another person without that person’s consent.

The crime of indecent assault lands somewhere between assault and sexual assault. No penetration is required as it is under sexual assault laws, but it is a more serious offense than the “offensive touching” required under assault laws. Indecent assault can be charged as a Class A misdemeanor or a state jail felony.

What Are the Penalties for Sexual Assault, Aggravated Sexual Assault, and Indecent Assault?

Sexual assault is a second-degree felony, with potential prison time from two to 20 years. If the sentence is 10 years or more, there is no probation. Deferred adjudication is possible, depending on the circumstances. A conviction for sexual assault requires lifetime registration as a sex offender.

Aggravated sexual assault is a first-degree felony, with potential prison time from five to 99 years. If the victim is younger than 14 or the sentence is 10 years or more, no probation is allowed for this offense. Deferred adjudication is not allowed, and a conviction for aggravated sexual assault requires lifetime registration as a sex offender.

Penalties for indecent assault depend on whether it is charged as a Class A misdemeanor or a state jail felony. A Class A misdemeanor conviction can result in up to a year in jail and/or a fine as large as $4,000. A state jail felony conviction results in 180 days to two years in jail and a fine as large as $10,000.

Contact a Denton County, TX Sexual Assault Lawyer

If you have been charged with sexual assault, aggravated sexual assault, or indecent assault, it is extremely important that you seek knowledgeable legal representation from a Cooke County, TX sexual assault attorney. When you choose Magaña & Van Dyke, you are not just another criminal defendant. We will use every tool in our considerable arsenal to protect your rights, your freedom, and your future. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol.

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Texas Penal Code § 22.01 defines assault as:

• Causing bodily injury to someone else
• Causing physical contact with someone when you know or should know that the person will find it offensive or provocative
• Threatening someone else with imminent bodily injury

The last category makes it clear that physical contact is not necessary for an assault charge. Even threatening someone can be considered assault, as long as that threat makes the person fear immediate bodily harm.

Furthermore, the law states that the physical contact does not need to cause injury or even be violent. Even if you do not hit or shove someone, you can still be charged with assault if you know that your physical contact will provoke or offend the person.

An important element of assault is intent. Someone who engages in any of the behaviors above must do so knowingly or recklessly for it to be considered assault.

What Are Examples of Assault Without Causing Physical Harm?

Based on the law’s definition, here are some common examples of assault that do not cause physical harm:

• Verbal threats: An argument that gets heated to the point of threats of violence can lead to an assault charge. Saying something like, “I’m going to kill you” while approaching the person could be considered assault in Texas.
• Brandishing a weapon: Showing a weapon to someone in a threatening way can qualify as assault, even if you do not touch it.
• Threatening movements: Movement alone can be considered assault if it causes the other person to fear imminent bodily harm. Cocking back your arm or lunging at someone, for instance, can lead to an assault charge even if you did not mean to follow through.
• Unwanted physical contact: Touching someone in a way that you know or should know will offend or provoke them can be considered assault. Even giving someone a hug after he or she has expressly asked not to be touched can result in charges.

What Are the Penalties for Assault?

The penalties for assault range from a Class C misdemeanor — the lightest punishment — to a felony:

• If there was no physical harm, the defendant might be charged with a Class C misdemeanor, which carries up to $500 in fines.
• If there was any form of physical injury, the defendant could be charged with a Class A misdemeanor, which carries up to a year in jail and up to $4,000 in fines.
• If the assault was committed against a family member, public servant, active security officer, emergency respondent, or pregnant woman, or if it involved choking, the charge could be enhanced to a second-degree felony. This is punishable by two to ten years in prison and fines of up to $10,000.

Assault charges can go as high as a first-degree felony in special circumstances, like if serious bodily injury was inflicted on a public officer in the line of duty.

Contact a Denton County, TX Assault Defense Attorney

The definition of assault is broad enough that some people may not be aware they are committing it. Protect your rights and future by contacting Magaña & Van Dyke. We are highly experienced attorneys and will devote our attention and resources to your defense. Call 940-382-1976 now to get a free consultation with a Cooke County, TX criminal defense lawyer today.

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What Is Drug Paraphernalia in Texas Law?

According to the Texas Controlled Substances Act, drug paraphernalia is anything that is used for planting, growing, cultivating, processing, testing, making, storing, using, or hiding a controlled substance. This is a fairly broad definition that can include many objects, but the law also lists certain items that are considered drug paraphernalia:

• Kits used for planting or growing plants like marijuana
• A scale used for measuring a drug
• A sifter used to refine marijuana
• A pipe or inhalation mask used for consuming drugs
• A syringe used for injecting controlled substances
• A balloon or envelope used to store illegal drugs
• A bowl, container, spoon, or similar item used for mixing a drug

The above list is not exhaustive, and many other objects can be considered drug paraphernalia under the law.

Can Common Household Items Be Considered Drug Paraphernalia in Texas?

The law suggests that everyday household items may be considered drug paraphernalia if they are used for drugs in some capacity. Plastic bags, balloons, spoons, bowls, Tupperware, utensils, and many other things can result in criminal charges if law enforcement believes they are being used for controlled substances.

That poses the obvious risk of some people being wrongfully charged with possessing drug paraphernalia. Law enforcement usually uses certain clues to determine whether an item is an ordinary object or drug paraphernalia, such as:

• If the item is in close proximity to a controlled substance
• If the item shows signs of being used for drugs, like a spoon that has a burn mark
• If the item contains traces of an illegal drug

Police and the prosecution may use such circumstantial clues to accuse someone of possessing drug paraphernalia, but that may still not be conclusive proof. Hiring a qualified attorney is the best way to fight such accusations.

Contact a Cooke County, TX Drug Paraphernalia Possession Defense Attorney

The fact that ordinary household items can lead to charges of drug paraphernalia possession opens the door to possible rights violations. Make sure you have aggressive legal representation like Magaña & Van Dyke at your side. We are committed to protecting your rights and will fight rigorously for the best outcome. Schedule a free consultation with a Denton County, TX criminal defense lawyer today by calling 940-382-1976 now.

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What Is the Law About Relationships Between Teachers and Students?

Section 21.12 of the Texas Penal Code forbids sexual relationships between students and employees of primary or secondary schools. This means that any teacher, assistant, secretary, coach, janitor, or administrator in a primary or secondary school who has sexual contact or intercourse with a student is guilty of a crime. The law even covers students who are enrolled in the same school district where the employee works. It makes no difference if the student consents to the relationship or is at least 17 years old, which is the age of consent in Texas — it is still a criminal offense.

What Are the Legal Consequences of Having a Sexual Relationship With a Student?

A primary or secondary school employee who has a sexual relationship with a student can face both criminal and civil consequences, including:

• Criminal penalties: Violating the law on improper employee-student relationships is a second-degree felony, which carries between two and 20 years in prison and a fine of up to $10,000. If the student is a minor, the employee can also be charged with statutory rape and other related crimes.
• Professional discipline: If a teacher is caught having a sexual relationship with a student and is reported to the Texas Board of Education, his or her teaching license may be suspended or revoked.
• Impact on career opportunities: A school employee who has been accused of having a sexual relationship with a student will likely find it difficult to obtain future employment in schools.

How Can I Defend Against an Improper Relationship Charge?

Texas law lists two possible defenses against a charge of having an improper relationship with a student:

• The student was the teacher’s spouse at the time.
• The employee is no more than three years older than the student, and at the time of the incident, was in a relationship with the student that predated his or her employment.

 It may also be a defense that the employee did not know the other party was a student.

Contact a Denton County, TX Criminal Defense Attorney

Having an improper relationship with a student is a serious offense that can result in many years in prison. Protect your rights and your future by contacting Magaña & Van Dyke. Our attorneys are highly experienced in criminal defense law and are committed to giving you the best legal defense possible. Schedule a free consultation with a Cooke County, TX improper relationship defense lawyer today by calling 940-382-1976 now. Spanish-speaking attorneys are available.

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What Is Corporate Fraud?

Corporate fraud is an umbrella term for different types of fraud that can be carried out through a corporation. These include:

• Bribery: Offering money to a public official to influence his or her judgment is called bribery and is a federal crime.
• Corruption: Corruption is the willful abuse of authority and includes bribery, embezzlement, nepotism, and more.
• Money laundering: Some companies are used to launder money from an illicit source to make it legally “clean” in the eyes of authorities.
• Insider trading: Insider trading is when someone uses non-public information to profit from public trading, which is exploiting an unfair advantage. 
• Corporate espionage: Corporate spying means illegally stealing trade secrets or intellectual property from a competitor to gain a financial advantage.
• Anti-trust violations: The US government has enacted anti-trust laws to ensure fair competition and prevent monopolies. Violating these laws is a serious federal crime.

These actions and others can fall under the category of corporate fraud and carry heavy penalties.

Are Corporate Officers Personally Liable for Corporate Fraud?

Many corporations are set up as entities that are separate from their managers. The president of an LLC, for instance, is usually not held personally liable for debts incurred by the company. When it comes to corporate fraud, however, an executive may be held accountable depending on his or her involvement in the fraud. For example:

• A corporate officer may be personally charged for company fraud if he or she was directly involved in the act.
• An executive may be held personally liable if he or she was aware of corporate fraud and knowingly did nothing.
• A corporate officer may be held personally liable for corporate fraud if he or she is found to have breached a fiduciary duty, which is a responsibility to act in the best interests of the company’s shareholders.

Contact a Cooke County, TX Corporate Fraud Defense Attorney

Corporate fraud can not only lead to a company’s destruction but can also result in heavy fines and lengthy jail sentences for its executives. At Magaña & Van Dyke, we are committed to giving our clients the best possible legal defense against corporate fraud or other criminal charges. With their extensive experience working within the criminal justice system, our attorneys understand how to create an effective legal strategy to protect your rights. Schedule a free consultation with a Denton County, TX criminal defense lawyer by calling 940-382-1976 today. Se habla Español.

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What Qualifies as Disorderly Conduct in Texas?

According to Texas Penal Code §42.01, a person commits disorderly conduct if he or she knowingly and publicly makes a threatening or offensive gesture or abuses someone in an offensive manner. This is a fairly vague provision because the law does not define “offensive.” Something that is offensive to you may not be to someone else, and vice-versa. This could lead to situations where law enforcement officers arrest citizens for something they, the officers, consider offensive.

Texas law also considers someone guilty of disorderly conduct if he or she publicly and intentionally:

• Uses abusive, profane, or vulgar language that “incites an immediate breach of the peace”
• Uses chemicals to create a foul and unreasonable odor
• Makes unreasonable noise in public or near a residence that does not belong to him or her
• Gets into a fight
• Discharges a firearm
• Displays a deadly weapon in a way meant to cause alarm or fear
• Exposes himself or herself 
• Engages in voyeurism, which includes peering into someone’s hotel room or home or looking in on someone in a public bathroom stall, shower, or dressing room.

Someone who is accused of any of the above may be charged with a Class C misdemeanor, which is punishable by a fine of up to $500. If a deadly weapon was involved, it may be charged as a Class B misdemeanor which carries a jail sentence of up to 180 days and a fine of up to $2,000.

What Are Some Legal Defenses Against a Disorderly Conduct Charge?

The law says that an act qualifies as disorderly conduct if it is done “intentionally or knowingly.” Therefore, one of the defenses against a charge of disorderly conduct can be that you did not have intent to commit the offense. For example, you may have displayed a firearm you were carrying but did not intend to cause alarm or fear. It can also be a defense to argue that you did not know the act you committed was offensive. 

Other possible defenses to a disorderly conduct charge include:

• You were provoked into committing the act.
• You engaged in a physical altercation or discharged a firearm in self-defense.
• The noise you made was not “unreasonable.”
• Your gesture or speech is protected under the First Amendment.

Contact a Denton County, TX Disorderly Conduct Defense Attorney

Because of the law’s nonspecific language, a disorderly conduct charge runs the risk of impinging on your personal freedoms. That is why the attorneys at Magaña & Van Dyke are committed to protecting your rights and liberties. We are ready to provide you with a legal defense against disorderly conduct or other charges to preserve your future. Schedule a free consultation with a Cooke County, TX disorderly conduct defense lawyer by calling 940-382-1976 today. Se habla Español.

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Solicitation is a serious crime that carries severe penalties. To understand how to defend against such a charge, it is important to first understand what it is. This article will discuss what is considered solicitation of prostitution and how to contact a Texas criminal defense attorney to help build your defense.

What Is Considered Solicitation of Prostitution?

According to Texas Penal Code § 43.021, solicitation of prostitution means offering or agreeing to pay for sexual services. Note that money does not need to exchange hands for it to be a crime. You can be charged the moment you offer it.

Furthermore, you do not need to explicitly offer money for sexual favors. Even indirect references can be charged if law enforcement believes they were offers or requests.

What Are the Penalties for Solicitation of Prostitution?

Soliciting prostitution is a state jail felony in Texas, punishable by up to two years in jail and a fine of up to $10,000. However, penalties can increase in certain circumstances. For example:

• If this was not the defendant’s first offense, he or she may be charged with a third-degree felony. This carries a prison sentence of between 2 and 10 years and a fine of up to $10,000.
• If the defendant solicited a minor or an adult who appeared to be a minor, he or she could be charged with a second-degree felony. This is punishable by between 2 to 20 years in prison and a fine of up to $10,000.
• If the defendant solicited prostitution within 1,000 feet of a school or a school event, the charge will be enhanced to the next level.

What Are the Defenses Against a Solicitation Charge in a Sting Operation?

One of the most common defenses against a solicitation charge in a sting operation is entrapment. Entrapment is when a law enforcement agent pushes someone to commit a crime. This is more than just being enticing.

For example, suppose an undercover agent offers to sell sexual services to someone, but the subject refuses. The “prostitute” then continues to offer increasingly large discounts or increasingly enticing sexual acts, after which the subject agrees. That can be seen as entrapment and may invalidate the case.

Other possible defenses against sting solicitation charges include claiming there was a lack of intent or a lack of evidence.

Contact a Cooke County, TX Solicitation of Prostitution Defense Lawyer

Defending against a solicitation charge can be difficult. The success of your defense will depend in part on the available evidence and the abilities of your Denton County, TX defense attorney. At Magaña & Van Dyke, our extensive experience has allowed us to successfully defend our clients against serious charges, and we are ready to help you create a strong legal defense. Schedule a free consultation with an English-speaking or Spanish-speaking attorney by calling 940-382-1976 today.

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