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Have You Been Falsely Accused of Domestic Violence?

Houston Domestic ViolenceLawyer

Have you been falsely accused or wrongly prosecuted for domestic violence?  False allegations and wrongful prosecutions harm the innocent, squander resources, and shortchange true victims.

If you or someone you care about has been arrested or is facing criminal charges related to Domestic Violence (or “Assault Family Violence”), there may be a lot at stake. You may only have a short period of time to learn your rights and what steps could help you protect them. The Charles Johnson Law Firm can help you understand the charges that you are facing, and help you protect your rights with the police and in court.

Criminal charges don’t always mean a guaranteed conviction. A conviction can bring penalties including court fines, probation or jail time – plus a permanent mark on your record – but you may be able to avoid these by fighting for your freedom. Domestic assault is taken seriously by law enforcement personnel and prosecutors. It is vital to have a competent, experienced defense attorney on your side.

Houston Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week by calling 713-222-7577 or toll free 877-308-0100.  As the justice system has come to recognize the social and legal effects of domestic violence, the penalties for conviction of domestic assault have become steeper. This is why it is so important to consult a lawyer who is familiar with your local court system. Seek the help of an attorney from the Charles Johnson Law Firm in Houston, Texas to learn more about what you can do to assert your rights.

Why Should Persons be Concerned about False Allegations of Domestic Violence?

Approximately two million Americans experience intimate partner violence each year. These persons need counseling services, legal assistance, shelter resources, and protection by the criminal justice system.

Unfortunately, each year 2-3 million restraining orders are issued in the United States, of which as many as 80% are unnecessary or false. As Elaine Epstein, former president of the Massachusetts Bar Association, revealed, “Everyone knows that restraining orders and orders to vacate are granted to virtually all who apply…In many cases, allegations of abuse are now used for tactical advantage. “

False accusers not only divert resources away from the true victims of domestic violence, they render harm to the targets of their legal abuse. False allegations stain a person’s reputation, deplete that person’s assets, and can ruin a person’s career. They may deprive a child of parental love and attention which every child needs.

What are the Warning Signs of an Impending False Allegation?

A false allegation can be a life-altering experience. But falsely accused persons often don’t see it coming.

These are some of the warning signs to look for:

  • Your partner has gotten a restraining before and knows how to work the system.
  • You and your partner are thinking about separating, and you are worried about an impending child custody dispute.
  • Your partner is moody, unpredictable, attention-seeking, demanding, manipulative, or fails to assume responsibility for family problems.
  • Your partner has been diagnosed with depression, borderline personality disorder, or other a psychological problem.
  • Your partner has made a joke about getting a restraining order.
  • You just discovered your partner is having an affair (do not confront your partner about it!).
  • Your partner has been arrested for domestic violence, and is now considering ways to retaliate.
  • Your partner has told you they are going to request a restraining order.
  • Your partner has friends or family members who have done so.
  • Be on the look-out for warning signs that your partner may file a false allegation of domestic violence against you, so you can take steps now to protect yourself.

What Should I Do if I Think my Partner is Going to Make a False Accusation?

A restraining order is the most commonly used legal tactic to make a false allegation of domestic violence. If you have reason to believe your partner is about to make a false accusation, it is critical that you act quickly to protect your children, your reputation, your assets, and even your career:

  • Contact Attorney Charles Johnson immediately at 713-222-7577 or toll free 877-308-0100 to protect your rights.
  • Assemble your valuable papers (birth certificate, car title, legal documents, etc.) so they can’t be stolen by your partner. Place them in a newly-opened safe deposit box or other safe location.
  • Open a checking account just in your name so your partner can’t take your money.
  • Tell a family member or trusted friend, in case you need to find a place to stay on short notice.
  • Change the passwords on your computer, cell phone, and personal bank accounts. Remove external hard drives and other electronic storage devices. Do not leave your cell phone lying around.
  • If you have any firearms or other weapons, move them to a secure location away from your home. Do not engage in firearms training or target practice until the situation is resolved.
  • Do not send or receive personal emails from your home computer. Use a computer at your office or at the library.
  • Avoid any actions that could later be misconstrued in a court of law:
    • Do not engage in put-downs or insults, especially in writing or by voice mail or an answering machine.
    • Do not talk or joke about violence or suicide.
    • Do not engage in kinky sex or joke about rape.
    • Do not slap you partner, even if he or she asks you to.
    • Do not play rough-house with your children.
    • Do not smash your fist into the wall.
    • Do not throw the TV remote control.
    • Do not admit to doing something wrong or apologize for prior actions, either verbally or in writing.
  • If your partner has engaged in abusive behavior, promptly obtain a restraining order in advance of your partner taking such action. Once you get the restraining order, change all locks to keep your partner out.
  • If you need to see your ex-partner (for example, to exchange your children), do so in a public location, preferably a place with video monitoring.
  • If you need to drop off something at your ex-partner’s residence, go with a witness.
  • Be sure to document any conversation or incident that could later become a focus of attention in a courtroom.

Contact Houston Domestic Violence Lawyer Charles Johnson

It’s important to speak with an attorney as soon as you’ve been arrested. The sooner you contact an attorney, the sooner work can be done to prevent your charges from escalating into a conviction.

Harris County Domestic Violence Defense Attorney Charles Johnson knows how frustrating and hopeless things may seem right now, but urges you not to give up hope. There are many viable defense strategies for fighting domestic violence charges, and many things that can be done to ensure your charges don’t spiral out of control. You can depend on Attorney Johnson to thoroughly investigate your charges, and trust that he’ll make it known to the judge if he finds anything that may indicate the accusations were fabricated. The Charles Johnson Law Firm is here for you, and will do whatever can be done to make sure this ordeal results in the best possible outcome!

If you have been accused of domestic violence, don’t try to fight your charges alone.

Contact Houston Domestic Violence Defense Lawyer Charles Johnson for experienced and dependable representation. He can be reached directly around the clock, 7 days/week at (713) 222-7577.

Related News Stories – Domestic Violence Arrests in Houston, Texas

Facing Criminal Charges for Homicide? Houston Homicide Lawyer Charles Johnson is the Right Lawyer for You

Houston Homicide Lawyer Charles Johnson

Are you currently in a situation where you are facing criminal charges for Murder? Houston Criminal Homicide Lawyer Charles Johnson represents clients charged with Homicide crimes throughout all of Texas. The Charles Johnson Law Firm can provide legal counsel at virtually any stage of your case, even if formal charges have not yet been filed against you. Currently, Texas has six types of Criminal Homicide charges:

Homicide is the act of killing another person, either intentionally or unintentionally. It is perhaps the most serious crime you could be accused of, and the potential penalties you could face if convicted are equally serious. Your lawyer must be well-versed in Texas and Federal Homicide laws to successfully represent you. If you or someone you love has been charged with any type of Criminal Homicide, you must take these charges very seriously and seek the legal advice of an experienced and knowledgeable Houston Criminal Defense Attorney right away. The Charles Johnson Law Firm will examine all the details of your case and will challenge the evidence against you. Houston Lawyer Charles Johnson has helped his clients either prove their innocence, or obtain a reduction in the charges against them. Whether you or guilty or not, you deserve to have an experienced attorney on your side who will work aggressively, to protect you and your rights. Contact Criminal Defense Lawyer Charles Johnson anytime night or day directly at (713) 222-7577. He is always available to discuss your case.

Texas Penal Code Chapter 19:  Four Types Of Criminal Homicide

TPC section 19.01 states that there are four types of Criminal Homicide.  They are Murder,Capital Murder, Manslaughter and Criminally Negligent Homicide.

Murder

Under TPC section 19.02 there are three basic ways to commit murder:

  1. intentionally or knowingly causes the death of an individual;
  2. intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual;  or
  3. commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission
    or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

Murder is usually a felony of the first degree, the possible punishment for which is imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years and/or by a fine not to exceed $10,000.  The only exception to this that the crime is a felony of the second degree if the requirements of TPC sec. 19.02 (d) are satisfied:

At the punishment stage of a trial, the defendant may raise the issue as to
whether he caused the death under the immediate influence of sudden passion arising
from an adequate cause.  If the defendant proves the issue in the affirmative by a
preponderance of the evidence, the offense is a felony of the second degree.

During the punishment phase of the trial, a defendant may argue that he caused the death while under the immediate influence of sudden passion arising from an adequate cause. “Sudden passion” is “passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.

Adequate cause” is a “cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.” Sudden passion is a mitigating circumstance that, if found by the jury to have been proven by a preponderance of the evidence, reduces the offense from a first degree felony to a second degree felony.

Thus, before defendants are allowed to have the judge or jury consider sudden passion, defendants must prove:

  1. that there was a adequate (legally recognized) provocation for the emotion or passion;
  2. an emotion or passion such as terror, anger, rage, fear or resentment existed;
  3. that the homicide occurred while the passion or emotion still existed;
  4. that the homicide occurred before there was a reasonable opportunity for the passion or emotion to cool (dissipate);  and,
  5. that there was a causal connection between the provocation, the passion, and the homicide.

A second degree felony is punishable by imprisonment for not more than 20 years nor less than 2 years, and/or a fine not to exceed $10,000.  This is where the old offense of “voluntary manslaughter” ended up after amendments to the TPC effective in 1994.  Thus, there is currently no offense of voluntary manslaughter in Texas.

Capital Murder

A capital murder is a capital felony. The Texas Penal Code specifically defines Capital Murder(and, thus, the possibility of the death penalty as a punishment) as murder which involves one or more of the elements listed below:

  1. the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;
  2. the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or
    retaliation, or terroristic threat,
  3. the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration;
  4. the person commits the murder while escaping or attempting to escape from a penal institution;
  5. the person, while incarcerated in a penal institution, murders another:
    1. who is employed in the operation of the penal institution;  or
    2. with the intent to establish, maintain, or participate in a combination or in the profits of a combination;
  6. the person:
    1. while incarcerated for an offense under this section or Sec.19.02, murders another;  or
    2. while serving a sentence of life imprisonment or a term of 99 years for an offense under  Sec. 20.04, 22.021, or 29.03, murders another;
  7. the person murders more than one person:
    1. during the same criminal transaction;  or
    2. during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;
  8. the person murders an individual under six years of age;  or
  9. the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.

A capital felony is punishable by death or life imprisonment without parole.  If the prosecution is not seeking the death penalty, life without parole is the mandatory sentence.  Prior to 2005, capital felony life imprisonment was life with the possibility of parole after 40 years.

Under current state law, the crimes of Capital Murder and Capital Sabotage (see below) or a second conviction for the aggravated sexual assault of someone under 14 is eligible for the death penalty.

Note: The Texas Penal Code allows for the death penalty to be assessed for “aggravated sexual assault of child committed by someone previously convicted of aggravated sexual assault of child”. The statute remains part of the Penal Code; however, the Supreme Court of the United State’s decision in Kennedy v. Louisiana which outlawed the death penalty for any crime not involving murder nullifies its effect.

The Texas Penal Code also allows a person can be convicted of any felony, including capital murder, “as a party” to the offense. “As a party” means that the person did not personally commit the elements of the crime, but is otherwise responsible for the conduct of the actual perpetrator as defined by law; which includes:

  • soliciting for the act,
  • encouraging its commission,
  • aiding the commission of the offense,
  • participating in a conspiracy to commit any felony where one of the conspirators commits the crime of capital murder

The felony involved does not have to be capital murder; if a person is proven to be a party to a felony offense and a murder is committed, the person can be charged with and convicted of capital murder, and thus eligible for the death penalty.
As in any other state, people who are under 18 at the time of commission of the capital crime or mentally retarded are precluded from being executed by the Constitution of the United States.

Manslaughter

Manslaughter  (TPC sec. 19.04) is recklessly causing the death of an individual.  Manslaughter is a felony of the second degree, which is punishable by imprisonment for not more than 20 years nor less than 2 years, and/or a fine not to exceed $10,000.

Texas does not officially use the term “involuntary manslaughter” or “voluntary manslaughter” which can sometimes be a little bit confusing. Many states do make the distinction between voluntary and involuntary manslaughter. Instead, Texas combines involuntary and voluntary manslaughter together and it is known as just “manslaughter.”

To convict a defendant of manslaughter, prosecutors must be able to prove beyond a reasonable doubt that the defendant recklessly caused the death of another individual. There is no requirement of premeditation to this crime and no requirement for there to be intent or knowledge on the part of the defendant. The only requirement is that the defendant’s conduct was reckless.

Although manslaughter is defined broadly in Texas, there are specific types of manslaughter that are treated separately. For example, intoxication manslaughter is one, and vehicular manslaughter is another. Intoxication manslaughter deals with the defendant recklessly causing the death of another while intoxicated. Cases involving driving while intoxicated would probably be prosecuted under TPC sec. 49.08, Intoxication Manslaughter (see below), rather than under this section. Vehicular manslaughter deals with the defendant recklessly causing the death of another while driving a vehicle or vessel.

Criminally Negligent Homicide

Criminally negligent homicide (TPC sec. 19.05) is causing the death of an individual by criminal negligence.  It is a state jail felony under which in general, a person can be confined in a state jail for not more than two years nor less than 180 days.  In addition, a fine of not more than $10,000 may be assessed.

Criminally Negligent Homicide differs from Manslaughter only in terms of the culpability or mens rea.  Criminally negligent homicide involves criminal negligence.  Manslaughter involves recklessness.  Thus, Manslaughter involves conscious risk creation (the actor is aware of the risk surrounding his conduct or the results thereof, but consciously disregards that awareness).  Criminally negligent homicide involves inattentive risk creation.  The actor ought to have been aware of the riskiness of his or her conduct but failed to perceive the risk.

Recklessness and criminal negligence are more serious forms of culpability than the negligence that can result in civil liability. Unlike civil  or ordinary negligence, recklessness requires somesubjective awareness of the risk.  Ordinary negligence is a totally objective standard.  Criminal negligence requires a “gross” deviation from the standard of care a reasonable or ordinary person would have exercised under the same circumstances.  Criminal negligence is roughly equivalent to “gross negligence” which is a more serious form of culpability than ordinary negligence.  Ordinary negligence can be made out by showing any deviation from the standard of care that a reasonable person would exercise.

Texas Penal Code Section 49.08 Intoxication Manslaughter

The final type of criminal homicide found in Texas Code is found in TPC ch. 49, “Intoxication and Alcoholic Beverage Offenses.”  A person is guilty of intoxication manslaughter if the person operates a motor vehicle in a public place, operates an aircraft, watercraft or an amusement ride, or assembles a mobile amusement ride and “  is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.”

“Intoxicated is defined as having a blood alcohol content of 0.08 or more or

not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body . . .

This offense is a felony of the second degree.  A second degree felony is punishable by imprisonment for not more than 20 years nor less than 2 years, and/or a fine not to exceed $10,000

Note that this is a strict liability offense. Guilt attaches even if the death is caused by accident or mistake.  Many observers are critical of strict liability offenses because they arguably punish conduct which is not blameworthy.  Supporters of strict liability offenses counter that such offenses are usually fine-only offenses.  This is clearly not the case for sec. 49.08 for which a person could be imprisoned for up to 20 years.

Best Houston Criminal Defense LawyerSection 49.08 does not apply to injury or death of an unborn child if the offense against the unborn child is committed by the mother of the unborn child.  Thus, if a pregnant woman is driving while intoxicated and has an accident which kills her fetus, it is not a crime.

Texas Government Code – Section 557.012 Capital Sabotage

  1. A person commits an offense if the person commits an offense under Section 557.011(a) and the sabotage or attempted sabotage causes the death of an individual.
  2. An offense under this section is punishable by:
    1. death; or
    2. confinement in the institutional division of the Texas Department of Criminal Justice for:
      1. life; or
      2. a term of not less than two years.
  3. If conduct constituting an offense under this section also constitutes an offense under other law, the actor may be prosecuted under both sections.

Possible Defenses for Murder Charges

Defenses to first degree murder charges fall into two major categories: claims that the defendant did not commit the killing in question, and admission that the defendant committed the killing, but did not commit first degree murder.

Defendants admitting to having killed the victim can assert defenses that they were justified in doing so (in self defense, for example), or that they were somehow incapacitated and thus not legally liable. These defenses require the defendant to put forth proof to support his or her defense.

First degree murder defendants also may simply argue that the prosecution has not proved all elements of a first degree murder charge typically that the defendant killed willfully, deliberately and with premeditation. Though the defendant may support such an argument with evidence, he or she is not required to do so, as proof of all elements of the crime falls on the shoulders of the prosecution.

As with statutes defining crimes, the defenses recognized for a specific crime can vary by state. Furthermore, which defenses a criminal defendant may have depends on the particular facts of the case in question. For guidance, defendants should consult an attorney well versed in his or her state’s criminal laws.

Mistaken Identity

In first degree murder cases, as well as other homicide crimes, defendants often argue mistaken identity i.e., that the prosecution has charged the wrong person with the killing. A defendant arguing mistaken identity often asserts an alibi if possible, which he or she tries to support with evidence of being somewhere else at the time of the killing. Other arguments in a mistaken identity defense include challenges to evidence placing the defendant at the scene of the crime. This can include challenges to witness identification as well as challenges to forensic evidence. A mistaken identity defense may also point to evidence implicating another possible suspect, but courts do not require defendants to do so.

Justified Homicide

Not all homicides are crimes, let alone first degree murders. The most common legal justification for a killing is self-defense or the defense of others.

Self-Defense

To succeed, a defendant arguing self defense must show that the killing resulted from a reasonable use of force to resist a reasonable fear of death or bodily harm. The defendant cannot have instigated the threatening situation. The degree of force used in self-defense must be proportional to the threat perceived, and the threat perceived must be something that would place a reasonable person in fear of death or great bodily harm. Mere words or insults do not suffice.

The defendant’s reaction to the threat cannot take place after the threat of death or bodily harm has passed. Many states require that the defendant attempt to retreat or avoid danger if possible before resorting to the use of deadly force.

For example, if someone incapacitates a mugger with pepper spray, he or she may need to attempt to flee to safety instead of taking out a pistol and shooting the mugger. States differ in the degree to which they require an attempt to retreat if the threat they face occurs in the defender’s home.

Defense of Others

The reasonable and proportional defense of others also justifies some killings. The same requirements as self-defense typically apply: the use of force must be timely and proportional to the threat faced, and the perceived threat of death or bodily harm must be reasonable.

Exercise of Duty

Certain killings by law enforcement and other public officers qualify as justified homicides. If an officer kills someone in the exercise of duty and without an unlawful intent, recklessness or negligence, that killing generally does not constitute murder, let alone first degree murder.

Accident or Misfortune

Killings committed by accident in the course of lawful activities do not constitute murder. Some such killings may result in liability for manslaughter, but unless an accidental homicide takes place during the commission of a crime or as a result of other criminal intentions, they would not be covered by first degree or second degree murder statutes. In certain cases, such as parental discipline of children which results in even accidental death, the use of physical force beyond excepted norms can push the killing into murder and possibly, depending on state law, first degree murder.

Insanity Defense

Most states recognize an insanity defense to charges of first degree murder. Even states which allow the defense, however, treat it differently and often apply different tests. Most states define insanity, for purposes of determining criminal liability, as cognitively being unable to appreciate the quality of the act being committed, or unable to realize that the act is wrong. Some states also recognize a volitional aspect to “insanity” giving some defendants with disorders affecting impulse control access to the insanity defense.

Hire the Best Criminal Homicide Lawyers: The Charles Johnson Law Firm

Murder charges are of course the most serious of all charges and the most seriously pursued by the State Attorney’s Office or Federal Prosecutors. A person charged with homicide (murder) in Texas risks significant jail time and most convictions will result in never being released from custody. In some cases, they face being sentenced to death. Texas has become infamous in the country for the number of murders.

However not all deaths are criminal, and there are several powerful homicide defenses provided under Texas Law. If you or someone you know is charged with some form of a Homicide charge, then you need the best possible attorney. You are entitled to the best legal defense possible. Houston Criminal Defense Lawyer Charles Johnson can deliver that defense for you.Houston Criminal Homicide Lawyer Charles Johnson is available to discuss your case whenever you need him. Contact him directly at (713) 222-7577. His Law Office is headquartered in Houston, with offices conveniently located in Dallas, Austin and San Antonio.

 

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Houston Prostitution Defense Lawyer: The Charles Johnson Law Firm

Finest Houston Criminal Defense Lawyer for Prostitution
Generally, prostitution is the act of engaging in sexual activity by a person for a fee or a thing of economic value.  But the scope of the crime of prostitution has been widened to include all prostitution related offenses.  Thus a person is considered to commit an offense of prostitution if s/he engages in an act of prostitution willfully, solicits prostitution, or agrees to engage in an act of prostitution.

The parties to the crime usually include: a prostitute and a customer or a third person/pimp.  In addition to engaging in prostitution, soliciting prostitution, agreeing to engage in an act of prostitution, child prostitution, attempted prostitution are other prostitution related offenses.  A person may be guilty of an attempt to commit prostitution when s/he engages in conduct which tends to effect the commission of such crime.  In order to prove attempt, it is necessary to establish that a defendant had the intent to commit a specific offense and that a defendant engaged in some affirmative act to carry out that crime.

Houston Prostitution Defense Lawyer: Criminal Lawyer Charles Johnson

The elements constituting an offense of prostitution are that a person has engaged in a sexual activity and has done it willfully.  Sexual activity may be sexual intercourse or any lewd acts that may arouse sexual feelings.  Most jurisdictions make monetary consideration a requisite to constitute prostitution but some jurisdictions do not require it to be an element of the offense.  Consideration need not be in the form of money.

In order to constitute an offense of soliciting prostitution, a person has to solicit another person to engage in an act of prostitution and the act must have been done with specific intent to engage in an act of prostitution.  A prostitute or a customer may be charged for the offense of solicitation of prostitution depending on the circumstances or who began the interaction.  Specific intent of engaging in an act of prostitution is an essential element to constitute an offense.  An offer to pay money or other compensation like drugs in exchange for sexual acts may be considered evidence as to the intent of the parties.  Some courts have held that the individual being solicited must actually receive the solicitation in order to convict an accused for soliciting prostitution.

Agreeing to engage in an act of prostitution is another prostitution offense.  The elements of the offense are that, a person must have agreed to engage in an act of prostitution with another person.  It should have been with a specific intent to engage in an act of prostitution and any act in furtherance of prostitution must have had to be performed.  This offense is a continuation of solicitation of prostitution because the person who accepts solicitation will be agreeing to engage in prostitution.

A charge under the offense of agreeing to engage in an act of prostitution may be made even if the person who solicited did not have the same intent.  This situation may arise when a person who pretended to be a prostitute was an under cover agent.  In addition to the intent, an act in furtherance of prostitution must have been performed to constitute the offense of agreeing to engage in prostitution.

An act in furtherance of prostitution can be, driving to an agreed upon location where the sexual activity will take place, mere verbal command to undress, giving the payment agreed upon and the like.  The nature of the act is not important as long as it indicates existence of an agreement to engage in prostitution.

Houston Prostitution Defense Lawyer: The Charles Johnson Law Firm

Even though prostitution is (initially) a misdemeanor, a conviction can be devastating. A sex related criminal record can damage a person’s career and family life. If you are facing prostitution or solicitation of prostitution in Houston, Texas, you will find an aggressive, experienced, and knowledgeable criminal defense attorney in Attorney Charles Johnson.

Website: http://houstonlawyer.com

can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.

Arrested for Prostitution? Houston Prostitution Defense Lawyer

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Arrested for Sexual Assault of a Child? Proven Attorney Charles Johnson Can Help You

Houston Domestic Violence Lawyer Charles Johnson

Statutory rape refers to sexual relations involving someone below the “age of consent.” People below the age of consent cannot legally consent to having sex. This means that sex with them, by definition, violates the law.

Statutory rape laws vary by state, with states setting the age of consent differently, as well as using different names to refer to this crime. Many states punish statutory rape under laws addressing sexual assault, rape, unlawful sexual intercourse or carnal knowledge of a child. There are very few federal laws dealing with statutory rape.

No Requirement of Force

Statutory rape differs from other types of rape, and from child molestation, in that the act would not be a crime if all participants were above the age of consent. Unlike “forcible rape,” statutory rape can involve underage participants who willingly engage in sexual relations. However, because those under the age of consent cannot give legal consent to sex, the act is a crime whether or not force is involved. If the act involves force or coercion, many states prosecute the offender under the separate statutes punishing child molestation or aggravated rape.

Age of Consent

Individuals cannot legally have sexual contact with an individual who is not of age. The legal age of consent may vary by state. For instance, the legal age of consent in Texas is 17. Some states have a legal age of consent as low as 14 while other states have a legal age of consent of 18.

An individual who has sexual contact with a person below the age of consent may face punishment. In general, sexual contact is considered any act intended to arouse another person. As such, an individual may be found guilty of statutory rape even if he or she did not have sexual intercourse with a minor.

Historically, statutory rape has been a “strict liability” offense, meaning that it does not matter whether what the perpetrator believed the victim was old enough to consent to sex. Some states now allow the defense that the perpetrator had reason to believe, and did believe, that the minor was above the age of consent. However, in many states this defense is not allowed, meaning that the act was a crime regardless of what the perpetrator believed the victims age to be. In states that do allow such a defense, it often cannot be used if the victim was particularly young, commonly under the age of 14.

Factors Affecting the Level of Offense Charges and Penalties

Laws punishing statutory rape often include a spectrum of offenses, ranging from misdemeanors to high level felonies. In general, two main factors affect the level of offense for an act of statutory rape: (1) the age of the victim; and (2) the age difference between victim and perpetrator. Other factors, including any prior sex offenses committed by the offender, whether drugs or alcohol were involved, and whether pregnancy resulted, can also affect the level of charge imposed.

Statutory rape is a felony offense, so an individual who is found guilty of the crime may face several years in prison. In Texas, for example, the crime is a second-degree felony, so an individual may be sentenced to up to 20 years in prison.

Punishment for statutory rape can include mandatory prison or jail sentences, probation, fines, and mandated treatment services. Many states require those convicted of statutory rape to register as sex offenders.

Exceptions to Statutory Rape Laws

Though statutory rape laws make it illegal for individuals to have sexual relationships with people below the age of consent, some exceptions do exist. Generally, these exceptions include:

  • The individuals are within a certain number of years of one another
  • The individuals dated before one was above the age of consent
  • The younger individual is within so many months of being at the age of consent

These rules may not apply in all circumstances, so individuals should contact a legal authority to learn more about their legal rights regarding relationships with minors.

Professionals Required to Report

Some states require certain classes of professionals to report knowledge or suspicion of statutory rape to authorities. Types of professionals required to report statutory rape often include teachers, medical professionals, public employees, and clergy, among others.

Houston Statutory Rape Defense Lawyer: The Charles Johnson Law Firm

Statutory rape is a state sex crime that can be punishable by incarceration, fine, probation, and/or registry as a sex offender. If you are facing Statutory Rape charges, speak with an experienced and aggressive attorney from the Charles Johnson Law Firm in Houston, Texas.

can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.

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Houston Child Pornography Defense Lawyer: The Charles Johnson Law Firm

Houston Homicide Lawyer Charles Johnson

Federal and state laws make it a crime to produce, possess, distribute, or sell pornographic materials that exploit or portray a minor. Increasingly, child pornography laws are being utilized to punish use of computer technology and the Internet to obtain, share, and distribute pornographic material involving children, including images and films.

Under federal law (18 U.S.C. §2256), child pornography is defined as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where

  • the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct; or
  • the visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
  • the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

Federal law (18 U.S.C. §1466A) also criminalizes knowingly producing, distributing, receiving, or possessing with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture or painting, that

  • depicts a minor engaging in sexually explicit conduct and is obscene, or
  • depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex and such depiction lacks serious literary, artistic, political, or scientific value.

Sexually explicit conduct is defined under federal law (18 U.S.C. §2256) as actual or simulated sexual intercourse (including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex), bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of the genitals or pubic area of any person.

Who Is a Minor?
For purposes of enforcing the federal law (18 U.S.C. §2256), “minor” is defined as a person under the age of 18.

Is Child Pornography a Crime?
Yes, it is a federal crime to knowingly possess, manufacture, distribute, or access with intent to view child pornography (18 U.S.C. §2252).  In addition, all 50 states and the District of Columbia have laws criminalizing the possession, manufacture, and distribution of child pornography.  As a result, a person who violates these laws may face federal and/or state charges.

Where Is Child Pornography Predominantly Found?
Child pornography exists in multiple formats including print media, videotape, film, CD-ROM, or DVD.  It is transmitted on various platforms within the Internet including newsgroups, Internet Relay Chat (chatrooms), Instant Message, File Transfer Protocol, e-mail, websites, and peer-to-peer technology.

What Motivates People Who Possess Child Pornography?
Limited research about the motivations of people who possess child pornography suggests that child pornography possessors are a diverse group, including people who are

  • sexually interested in prepubescent children or young adolescents, who use child pornography for sexual fantasy and gratification
  • sexually “indiscriminate,” meaning they are constantly looking for new and different sexual stimuli
  • sexually curious, downloading a few images to satisfy that curiosity
  • interested in profiting financially by selling images or setting up web sites requiring payment for access

Who Possesses Child Pornography?
It is difficult to describe a “typical” child pornography possessor because there is not just one type of person who commits this crime.

In a study of 1,713 people arrested for the possession of child pornography in a 1-year period, the possessors ran the gamut in terms of income, education level, marital status, and age.  Virtually all of those who were arrested were men, 91% were white, and most were unmarried at the time of their crime, either because they had never married (41%) or because they were separated, divorced, or widowed (21%).3

Forty percent (40%) of those arrested were “dual offenders,” who sexually victimized children and possessed child pornography, with both crimes discovered in the same investigation. An additional 15% were dual offenders who attempted to sexually victimize children by soliciting undercover investigators who posed online as minors.4

Who Produces Child Pornography?
Based on information provided by law enforcement to the National Center for Missing & Exploited Children’s Child Victim Identification Program, more than half of the child victims were abused by someone who had legitimate access to them such as parents, other relatives, neighborhood/family friends, babysitters, and coaches.

What is the Nature of These Images?
The content in these illegal images varies from exposure of genitalia to graphic sexual abuse, such as penetration by objects, anal penetration, and bestiality.

Of the child pornography victims identified by law enforcement, 42% appear to be pubescent, 52% appear to be prepubescent, and 6% appear to be infants or toddlers.

What Are the Effects of Child Pornography on the Child Victim?
It is important to realize that these images are crime scene photos – they are a permanent record of the abuse of a child. The lives of the children featured in these illegal images and videos are forever altered. Once these images are on the Internet, they are irretrievable and can continue to circulate forever. The child is revictimized as the images are viewed again and again.

Houston Child Pornography Defense Lawyer: The Charles Johnson Law Firm

Depending on the facts of your case and the evidence against you, we work to help you beat a false accusation or try to lessen the punishment. We understand your freedom is at stake and that a conviction of possession of child pornography may result in lifetime registration as a sex offender. To protect your rights and liberty, we conduct thorough investigations to prepare for trial or to minimize the consequences or sentence.

can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
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Hire the Best Criminal Lawyer for Domestic Violence Charges in Houston, TX

Domestic Violence Criminal Defense LawyerIf you have been accused of domestic violence, you may be facing an uphill battle. Texas has strengthened their laws on domestic violence, making arrest and prosecution mandatory regardless of what the alleged victim wishes to do. No matter how your state or county handles allegations of domestic violence, it is important to mount a vigorous defense. Speak with an attorney from the Charles Johnson Law Firm in Houston, Texas to discuss your case and develop a strategy for fighting the charges.

Domestic Violence Defined

Domestic violence is most often an assault or battery against a spouse, intimate partner or cohabitant, but it also can occur against a child, elderly relative or other member of the household or family. Domestic assault is both physical violence and emotional abuse, including threats, intimidation and control.

Domestic Assault Arrest

Although the procedures and policies vary by jurisdiction, domestic assault arrests and charges follow a general pattern. When the police are called to a residence, by an alleged victim or someone else, they will assess the situation and determine whether there is probable cause to arrest the person accused of domestic assault.

At the arraignment, the defendant will learn about the specific charges against him or her, and the defendant’s lawyer will consult with the defendant about what kind of plea to enter. The judge will decide whether the defendant should be granted bail and, if so, how much the bail will be.

In many cases, the defendant will be ordered to have no contact — direct or indirect — with the alleged victim. This means that the defendant cannot go home, if that is where the victim lives, and the defendant must not call or communicate with the victim.

In some jurisdictions, even if the victim decides not to go forward with the charges, the case will continue. Numerous reasons, based on both history and public policy, are behind this practice.

A conviction of felony or misdemeanor domestic assault can result in severe penalties. The defendant may serve time in prison or jail; pay steep fines; undergo anger management or other counseling; and suffer personal consequences like divorce, loss of child custody or an unfavorable property settlement during divorce proceedings.

Domestic assault is taken seriously by law enforcement personnel and prosecutors. It is vital to have a competent, experienced defense attorney on your side.

Houston Domestic Violence Defense Lawyer: The Charles Johnson Law Firm

As the justice system has come to recognize the social and legal effects of domestic violence, the penalties for conviction of domestic assault have become steeper. This is why it is so important to consult a lawyer who is familiar with your local court system. Seek the help of an attorney from the Charles Johnson Law Firm in Houston, Texas to learn more about what you can do to assert your rights.

can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
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Related News Stories – Domestic Violence in Houston, TX

Juvenile Court: What to Expect

Finest Houston Criminal Defense Lawyer for Juvenile OffensesIf your child is arrested or referred to the juvenile court by some other means-perhaps even by you-you will undoubtedly face a flood of emotions and have a multitude of questions. An attorney experienced in juvenile law can answer your questions and walk you through the process, while helping to ensure the best possible outcome for you and your child. Although the juvenile court process can vary somewhat from state to state, or even county to county, the following summary outlines the basic steps that you can expect if your child should become involved with the juvenile justice system.

  • A juvenile court matter comes to the court’s attention when the police apprehend a minor for violating a statute or a school official, parent, or guardian refers a problem with a juvenile to the court.
  • The court intake officer then evaluates the case to determine whether further action is necessary, whether the child should be referred to a social service agency, or whether the case should be formally heard in juvenile court.
  • If the situation is serious enough, the juvenile may be detained in a juvenile correction facility pending resolution of the matter or he or she may be sent to an alternative placement facility such as a shelter, group home, or foster home.
  • If the intake officer decides that a formal hearing in juvenile court is not necessary, arrangements may be made for assistance for the child from school counselors, mental health services, or other youth service agencies.
  • If the intake officer decides that the case should be heard in juvenile court, a petition is filed with the court setting forth the statutes that the child is alleged to have violated.
  • In cases of serious offenses such as rape and murder, the matter may be referred to the district or county attorney’s office, after which the juvenile may be charged as an adult, tried in the criminal courts, and even sentenced to an adult correctional facility.
  • If the matter proceeds to juvenile court and the child admits to the allegations in the petition, a treatment program is ordered.
  • If the child denies the allegations in the petition, a hearing like an adult criminal trial is held. The child has the right to be represented by counsel at this hearing. Rather than trying the case to a jury, however, a judge hears the matter and decides whether the juvenile has committed the acts alleged in the petition.
  • If the allegations have not been proven to the court’s satisfaction, the judge will dismiss the case.
  • If the judge decides that the allegations have been proven, he or she may rule that the child is a status offender or a delinquent.
  • A second juvenile court hearing is then held to determine the disposition of the matter. If the juvenile is not considered to be dangerous to others, he or she may be put on probation. While on probation, the juvenile must follow the rules established by the court and report regularly to his or her probation officer. Serious offenders, however, may be sent to a juvenile correction facility.
  • Other treatment options include community treatment, like making restitution to the victim or performing community service; residential treatment, in which a juvenile is sent to a group home or work camp, with a focus on rehabilitation; and nonresidential community treatment, in which the juvenile continues to live at home but is provided with services from mental health clinics and other social service agencies.

Houston Juvenile Offenders Defense Lawyer: The Charles Johnson Law Firm

Don’t let your teenager’s poor judgment or drug use ruin their future. At the Charles Johnson Law Firm, we are prepared to protect the rights of teenagers in juvenile court, and where a plea bargain, juvenile probation, or other alternative form of sentencing is in our client’s best interests, we will work hard to get the best deal possible. When possible, we work to get juvenile violations removed through expunction, and we committed to getting our clients the treatment for drug and alcohol addiction they need.

can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.

Related News Stories – Juvenile Arrests in Houston, Texas

Arrested for Domestic Violence? Hire the Expert Assault Family Violence Lawyer

Houston Assault Family Violence Lawyer

An arrest for Houston Assault Family Violence (or Domestic Violence) can be a devastating experience to anyone. Whether the incident was a harmless situation that spun out of control, a gross misunderstanding, or a typical way of communicating between two people. The time after the arrest can be terrifying, as the criminal justice system is very complicated. Houston Assault Family Violence Lawyer Charles Johnson can make sure that your legal rights are protected. Attorney Johnson can determine whether police followed the proper legal procedures when arresting you and, when feasible, prove that the charges are unwarranted.

Being charged with any form of domestic violence is a very serious matter. Not only may you face jail time or probation, many domestic violence cases involve restraining orders, meaning you may have to leave your house and your family immediately – even if you own the house or pay the rent. In addition, a conviction or probated sentence that includes a finding of family violence will affect your right to possess any firearms or to obtain a hunting license.

You are entitled to the best legal defense possible. Houston Criminal Lawyer Charles Johnson can deliver that defense for you. You can contact Houston Domestic Violence Lawyer Charles Johnson day or night, 24 hours/day 7 days/week and speak with him directly at (713) 222-7577. His Law Office is headquartered in Houston, with offices conveniently located in Dallas, Austin and San Antonio.

Definitions of Domestic Violence

Domestic violence includes physical violence, sexual abuse, emotional abuse, intimidation, economic deprivation, and threats of violence.  The relationships that most state domestic violence laws define as necessary for a charge of domestic assault or abuse include spouse or former spouse, persons who currently live together or who have lived together within the previous year, or persons who share a common child.

Definitions of criminal violence include physical assault (hitting, pushing, shoving, etc.), sexual abuse (unwanted or forced sexual activity), and stalking. Although emotional, psychological and financial abuse are not criminal behaviors, they are forms of abuse and can lead to criminal violence.

Violence by a man against his wife or intimate partner is often a way for a man to control “his woman.”  Although domestic violence can occur between gay and lesbian couples, and by women against their male partners, by far the most common form is male violence against women.

Types of violence include:

  • Common couple violence (CCV) which is not connected to general control behavior, but arises in a single argument where one or both partners physically lash out at the other.
  • Intimate terrorism (IT) which can also involve emotional and psychological abuse. It is one element in a general pattern of control by one partner over the other. It is more common than common couple violence, more likely to escalate over time, not as likely to be mutual, and more likely to involve serious injury.
  • Violent resistance (VR), which is sometimes interpreted as “self-defense,” is usually violence perpetrated by women against their abusive partners.
  • Mutual violent control (MVC) which is a rare type of intimate partner violence that occurs when both partners use violence to battle for control.
  • Situational couple violencewhich arises out of conflicts that escalate to arguments and then to violence. It is not connected to a general pattern of control. Although it occurs less frequently in relationships, and is less serious than intimate terrorism, it can be frequent and quite serious, even life-threatening.

Although domestic violence is sometimes explained as the result of the abuser losing control, many batterers do exhibit control over the nature and extent of their physical violence.   They may direct their assaults to parts of their partners’ bodies that are covered by clothing so that any injuries will not be seen by others. Conversely, some batterers purposefully target their partners’ faces to compel isolation or to disfigure them so that “no one else will want them.” Batterers can often describe their personal limits for physical abuse.  They may explain that while they have slapped their partners with an open hand, they would never punch them with their fists. Others admit to hitting and punching but report that they would never use a weapon.

Domestic violence often gets worse over time.  One explanation for this is that increasing the intensity of the abuse is an effective way for batterers to maintain control over their partners and prevent them from leaving. The violence may also escalate because most batterers experience few, if any, negative consequences for their abusive behavior. Social tolerance of domestic violence thus not only contributes to its existence, but may also influence its progression and batterers’ definitions of the acceptable limits of their abuse.

Domestic violence is a pervasive problem in the United States as the statistics below indicate:

  • Approximately 1.3 million women and 835,000 men are physically assaulted by an intimate partner annually.
  • Intimate partner violence made up 20% of all nonfatal violent crimes against women in 2001.
  • In 2000, 1,247 women and 440 men were killed by an intimate partner. In recent years, intimate partners killed approximately 33% of female murder victims and 4% of male murder victims.
  • Access to firearms greatly increases the risk of intimate partner violence.  Research suggests that abusers who possess guns tend to inflict the most severe abuse on their partners.
  • Nearly half of all violent crimes committed against family members are crimes against spouses.
  • Research indicates that 84% of spouse abuse victims are females, and 86% of victims of dating partner abuse at are female.
  • Wives are more likely than husbands to be killed by their spouses; wives were about half of all spouses in the population in 2002, but made up 81% of all persons killed by their spouses.
  • Slightly more than half of female domestic violence victims live in households with children under age 12.  It is estimated that between 3.3 million and 10 million children witness domestic violence annually.
  • Fifty-six percent of women who experience any partner violence are diagnosed with a psychiatric disorder. Twenty-nine percent of all women who attempt suicide are battered; 37% of battered women have symptoms of depression, 46% have symptoms of anxiety disorder, and 45% experience post-traumatic stress disorder.

Effects of domestic violence on women and children

Battered women suffer physical and mental effects from domestic violence. Battering causes more injuries to women than auto accidents, rapes, or muggings.  It also threatens their financial wellbeing.  They may miss work to appear in court or because of illnesses or injuries that result from the violence. They may have to move many times to avoid violence. Many battered women forgo financial security during divorce proceedings to avoid further abuse.

Battered women often lose social support.  Their abusers isolate them from family and friends. Women who are being abused may isolate themselves from support persons to avoid the embarrassment that would result from discovery.  Some battered women are abandoned by their churches when they separate from their abusers because some religious doctrines prohibit separation or divorce regardless of the severity of abuse.

When mothers are abused by their partners, the children are also affected.  Children who witness domestic violence may feel confusion, stress, fear, and shame.  They may think that they caused the problem or feel guilty for not protecting their mothers. They may themselves be abused or neglected while the mother attempts to deal with the trauma. Children in homes where domestic violence occurs are at risk for being physically abused or seriously neglected.

One-third of all children who see their mothers beaten develop emotional problems. They may cry excessively, be withdrawn or shy, have difficulty making friends or develop a fear of adults. Other consequences for children include excessive absences from school, depression, suicidal behavior, drug and alcohol abuse, running away, committing criminal acts as juveniles and adults, and using violence to solve problems at school and home.  The stress resulting from living with domestic violence can show up as difficulty in sleeping, bedwetting, over-achieving, behavior problems, withdrawing, stomach aches, headaches and/or diarrhea.

Domestic violence can carry over from one generation to the next.  Boys who witness their fathers abuse their mothers are more likely to inflict severe violence as adults. Girls who witness their mothers being abused are more likely to tolerate abuse as adults than who girls did not grow up under these circumstances.

Domestic violence and alcohol and other drugs

There is little evidence for the widely-held belief that abusing alcohol causes domestic violence. Although research indicates that men who drink heavily do commit more assaults that result in serious physical injury, the majority of abusive men are not heavy drinkers and the majority of men who are heavy drinkers do not abuse their partners.  Even for batterers who drink, there is little evidence to suggest that drinking causes abusive behavior.  In 76% of physically abusive incidents, there is no alcohol involved, and there is no evidence to suggest that alcohol use or dependence is linked to the other non-violent behaviors that are part of the pattern of domestic violence. It is true, however, that when cultural norms and expectations about male behavior after drinking include boisterous or aggressive behaviors, individual men are more likely to engage in such behaviors when under the influence of alcohol than when sober.

There is a pervasive belief that alcohol lowers inhibitions and a historical tradition of holding people who commit crimes while under the influence of alcohol or other drugs less accountable than those who commit crimes in a sober state.  Historically, society has not held batterers accountable for their abusive behavior.  They are held even less accountable for battering perpetrated when they are under the influence of alcohol. The alcohol provides a ready and socially acceptable excuse for their violence.

Evolving from the belief that abusing alcohol or other drugs causes domestic violence is the belief that treating the chemical dependency will stop the violence. However, research indicates that when batterers are in treatment, the abuse continues and often escalates during recovery, creating more danger to the victim than existed prior to treatment. In the cases in which battered women report that the level of physical abuse decreases, they often report a corresponding increase in threats, manipulation and isolation.

As noted earlier, domestic violence is often explained as a loss of control by the batterer.  However, even when alcohol or other drugs are involved, the experiences of battered women contradict this view. Battered women report that even when their partners appear uncontrollably drunk during a physical assault, they routinely exhibit the ability to sober up remarkably quickly if there is an outside interruption, such as police intervention.

  • Of the
    32.1 million nonfatal violent crimes that took place between 1998 and 2002, 30% of victims said the offender was under the influence of drugs or alcohol.
  • An additional 29.2% indicated the offender was sober at the time, and 40.8% said they did not know.
  • A larger percentage of family violence victims (38.5%) reported the offender was under the influence of drugs or alcohol during the incident than did nonfamily violence victims (28.9%).
  • Offenders who abused their boyfriend or girlfriend were more likely than other types of nonfamily violence offenders to be drinking or using drugs. Four out of 10 (41.4%) offenders involved in violence with a boyfriend or girlfriend were under the influence of drugs or alcohol, compared to 26.3% of offend-ers involved in violence against a friend or acquaintance and 29.3% of stranger violence.
  • Excluding the 19.5% of family violence victims who did not know whether the offender was under the influence of drugs or alcohol at the time of the incident, approximately 2.8 million victims of family violence were able to indicate whether the offender was or was not under the influence of drugs or alcohol. In nearly half the incidents, family violence victims reported the offender had been using drugs or alcohol at the time of the offense.

Interventions with substance-abusing batterers

If batterers use alcohol or other drugs, these problems should be addressed separately and concurrently. This is critical not only to maximize the victim’s safety, but also to prevent the battering from precipitating relapse or otherwise interfering with the recovery process. True recovery requires much more than abstinence. It includes adopting a lifestyle that enhances emotional and spiritual health, a goal that cannot be achieved if the battering continues.

Self-help programs such as Alcoholics Anonymous promote and support emotional and spiritual health and have helped many alcoholics get sober. These programs, however, were not designed to address battering and are not sufficient, by themselves, to motivate batterers to stop their abuse. It is critical that any treatment plan for chemically dependent men who batter include attendance at programs designed specifically to address the attitudes and beliefs that encourage their abusive behavior.

When abusive men enter substance abuse treatment programs, their partners are often directed into self-help programs such as Al-Anon or co-dependency groups. However, these resources were not designed to meet the needs of victims of domestic violence and often inadvertently cause harm to battered women.  The goals of these groups typically include helping alcoholics’ family members to focus on their own needs, practice emotional detachment from the substance abusers, and identify and stop protecting their partners from the harmful consequences of addiction. Group members are encouraged to define their personal boundaries, set limits on their partners’ behaviors, and stop protecting their partners from the harmful consequences of addiction. While these strategies and goals may be very useful for women whose partners are not abusive, for battered women such changes will likely result in an escalation of abuse, including physical violence.

Battered women are often very sensitive to their partners’ moods as a way to assess their level of danger. They focus on their partners’ needs and cover up for them as part of their survival strategy.  These behaviors are not dysfunctional but are life-saving skills that protect them and their children from further harm. When battered women are encouraged to stop these behaviors through self-focusing and detachment, they are being asked to stop doing the things that may be keeping them and their children most safe.

Myths Regarding Domestic Violence

“Domestic Violence” can be defined in legal and clinical terms. For clinical purposes, domestic violence is “assaultive behavior.” Domestic violence generally represents a pattern of behavior rather then a single isolated event. The pattern of behavior can take on many different forms, all of them involving physical violence or threats of physical violence. The violence may be accomplished through the use of hand, feet, weapons, or other objects.

The National Institute of Justice estimates that a woman is battered every 18 seconds in the United States. Some studies have suggested that between 35 and 50 percent of the nation’s couples have experienced at least one violent incident in their relationship.

Historically, the problem of violence in the home has been surrounded by a number of myths and misconceptions, which has perpetuated spouse abuse in society and has hampered the effective response of law enforcement.

Some of the most common myths and misconceptions are briefly addressed below.

Domestic Violence is a Private “Family Matter”

Some feel that violence between people in intimate relationships is somehow “different” than violence between strangers. The privacy of the marital relationship and the family unit has been elevated above the prohibitions against violence contained in existing laws. Nevertheless, a spouse has no right under existing laws to physically abuse their spouse in any manner.

Domestic Violence is Usually Provoked by the Victim

This myth stems from a belief that men have the right to discipline their spouses for behavior that the man does not approve of. Most studies agree that mutual combat or provocation is not the cause of domestic violence. Indeed, verbal “provocation,” no matter how severe, should never be a justification for violence. The failure of a batterer to take responsibility for his violent behavior and the victim’s tendency for self-blame should not lead society to the same erroneous conclusions. In the overwhelming majority of cases, it is women who are being routinely and severely victimized by men. To be sure, abused men do exist and must be protected, but the incidents of husband and boyfriend battering are rare.

Battered Women are Masochistic

Some believe that if battered women were really abused, they would leave. Others believe that if victims of abuse wished to end the abuse, they could simply seek outside help and leave the relationship. These views reflect an ignorance regarding the dynamics of abusive relationships. Battered women have often been in the relationships for a significant period of time and have strong mental and emotional ties. Often children are involved and the battered spouse must resolve how to provide for her children if she were to leave the abusive relationship and take her children with her. Battered women face enormous pressures to remain in an abusive relationship, including economic dependency, lack of support from relatives and friends, and threats of increased violence if any action is taken against their abuse. For a victim, low self-esteem further compounds the problem of removing herself from an abusive relationship.

Batterers are Always Drug or Alcohol Abusers

Many believe that men who batter women are predominantly working class substance abusers. Experts, however, have determined that domestic violence spans every socioeconomic group and is not caused by substance abuse. Recent studies suggest that alcohol and drugs may increase the level of violence but do not precipitate the violence. The decision to use violence is often made before the batterer ingests the substance, which he will ultimately blame for his violence outburst. The drugs or alcohol, thereafter, becomes a convenient excuse for engaging in deviant behavior.

Understanding the Cycle of Domestic Violence

Relationships, which involve any level of physical violence generally, evidence a recurring cycle of behavior. The “cycle of violence” in a violent relationship consists of three stages:

(1) the tension building phase

(2) the acute battering episode and

(3) the aftermath: loving respite.

Tension Building Phase

The first phase is a tension-building stage. The woman senses the man becoming edgy and more prone to react negatively to any trivial frustration. Many women learn to recognize incipient violence and try to control it by becoming nurturing and compliant or by staying out of the way.

A woman often views the building rage in her partner as being directed toward her and internalizes the job of keeping the situation from exploding. If she does her job well, he will become calm; if she fails, it is her fault. A woman who has been battered over time knows that the tension building stage will aggravate, but denies this knowledge to help herself cope with her partner’s behavior. As the tension builds, he becomes more fearful that she will leave him; she may reinforce this fear by withdrawing from him to avoid inadvertently setting off the impending violence.

Acute Battering Episode

The second phase in the pattern of violence is the explosion. Many men report that they do not start out wanting to hurt the woman but want only to teach her a lesson. This is the stage where police, the victim, or the batterer may be killed. The violence may involve pushing, shoving, shaking, or pulling hair. It may involve hitting with an open hand or a closed fist.

The violence may be over in a moment or last for minutes or hours. There may be visible injuries, but often an experienced batterer will leave no marks. The violence attack rarely takes a single consistent form. Most women are extremely grateful when the battering ends. They consider themselves lucky that it was not worse, no matter how bad their injuries are. They often deny the seriousness of their injuries and refuse to seek immediate medical attention.

Aftermath: Loving Respite

The third phase is a period of calm, loving, contrite behavior. The man is genuinely sorry for what he has done. His worst fear is that his partner will leave him so he tries as hard as he can to make up for his brutal behavior. He really believes he can control himself and will never again hurt the woman he loves. The battered woman wants to believe she will no longer have to suffer abuse. His reasonableness and his loving behavior during this period support her wish that he can really change. He lets her know that he would fall apart without her. So, she feels responsible for her own conduct that led to the beating and also responsible for his well being.

Victims will most frequently enter the criminal justice system after an acute battering episode; the “loving respite” phase usually follows immediately. Both parties may be horrified by what has happened. Both feel guilty about the event and both resolve to never let it happen again. The batterer very typically will treat the victim with apparent respect, love, and affection. This is a great relief to the victim and is precisely what the victim has wanted out of their relationship all along.

This “loving respite” phase makes criminal prosecution difficult. As long as the batterer continues to behave affectionately, the victim may become increasingly reluctant to jeopardize such good behavior by cooperating with the prosecution. A victim-witness advocate who understands the dynamics of the battering cycle can effectively intervene by reminding the victim of similar remorseful periods in the past, predicting a return to the tension building phase, and explaining the likelihood of more frequent and severe injuries.

Domestic Violence Penalties

A family violence conviction can lead to numerous life-altering and long-term penalties, including up to one (1) year in jail, fines up to $4000.00, anger management or family violence classes, probation, and a finding of family violence that may affect the custody of your children. If you have a prior family violence conviction, you could be facing up to ten (10) years in prison, as well as a fine up to $10,000.00. The penalties also increase if the violence is aggravated in any way with a weapon or if you cause an injury to a child. Depending on the circumstances, you may also be prohibited from contacting the complainant for an extended period of time, thereby preventing you from spending time with your loved one.

Unlike most criminal offenses in Texas, you can never seal your criminal record if you are convicted of a family violence crime or accepted deferred adjudication with a finding of family violence. To avoid these significant penalties, it is critical that you contact the Charles Johnson Law Firm. He is skilled and experienced in these very sensitive cases.

Defined in Domestic Violence Civil LawsFam. Code §§ 71.004; 71.0021

‘Family violence’ means:

  • An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself
  • Abuse, as that term is defined by § 261.001, by a member of a family or household toward a child of the family or household

Dating violence

‘Dating violence’ means an act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the individual in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.

Defined in Criminal Laws

Penal Code § 25.07

A person commits an offense if, in violation of a condition of bond set in a family violence case and related to the safety of the victim or the safety of the community, an order issued under article 17.292, Code of Criminal Procedure, an order issued under § 6.504, Family Code, chapter 83, Family Code, if the temporary ex parte order has been served on the person, or chapter 85, Family Code, or an order issued by another jurisdiction, the person knowingly or intentionally:

  • Commits family violence or an act in furtherance of an offense under §§ 22.011, 22.021, or 42.072
  • Communicates:
    • Directly with a protected individual or a member of the family or household in a threatening or harassing manner
    • A threat through any person to a protected individual or a member of the family or household
    • In any manner with the protected individual or a member of the family or household except through the person’s attorney or a person appointed by the court, if the violation is of an order described by this subsection, and the order prohibits any communication with a protected individual or a member of the family or household
  • Goes to or near any of the following places as specifically described in the order or condition of bond:
    • The residence or place of employment or business of a protected individual or a member of the family or household
    • Any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends
  • Possesses a firearm

‘Family violence,’ ‘family,’ ‘household,’ and ‘member of a household’ have the meanings assigned by chapter 71, Family Code.

Persons Included in the Definitions

Fam. Code §§ 71.0021; 71.003; 71.005; 71.006

‘Dating relationship’ means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of:

  • The length of the relationship
  • The nature of the relationship
  • The frequency and type of interaction between the persons involved in the relationship

A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a ‘dating relationship.’

‘Family’ includes individuals related by consanguinity or affinity, as determined under §§ 573.022 and 573.024, Government Code; individuals who are former spouses of each other; individuals who are the parents of the same child, without regard to marriage; and a foster child and foster parent, without regard to whether those individuals reside together.

‘Household’ means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other. ‘Member of a household’ includes a person who previously lived in a household.

Building a Strong Defense

Many domestic violence or spousal abuse charges occur during the divorce process or in child custody disputes. Unfortunately, in these situations one spouse may try to obtain an advantage over the other by making false or exaggerated accusations.

Houston Criminal Lawyer Charles Johnson will work hard to build a strong defense against the domestic violence charges you face. We will carefully listen to you and investigate the events leading up to the charges. What is the context of the domestic abuse accusation? Did the alleged victim start the fight? Is there a custody issue at stake? Understanding the context of the event can help us prepare an effective defense strategy on your behalf. Our goal is to obtain a dismissal of the charges, a negotiated plea agreement that minimizes the penalties you face, or a not guilty verdict after trial.

In the recent past, several factors have caused Domestic Violence to emerge as a distinction within the assault category. If a defendant and the alleged victim are spouses or former spouses, related by blood or marriage, reside or have resided in the same household or have a child or children in common; then any assaults would be categorized as “Domestic”. This distinction requires that certain federal statutes are triggered and the defendant shall no longer be allowed to own or possess a firearm.

Hire the Best Houston Assault Family Violence AttorneyIt is often mistakenly assumed by defendants, as well as victims, that the decision to prosecute lies with the victim. Many presume that if the two have reconciled then they may avoid prosecution by merely allowing the victim to inform the court or prosecuting attorney that they do not wish to prosecute or by simply not appearing in court in violation of the subpoena requiring their appearance. This naive assumption has led to many defendants failing to prepare a defense to the charges that may have otherwise been successfully defended. The prosecutor may insist that the victim testify and proceed without their consent. The victim’s cooperation with the defense is of course valuable in preparing for court and often in avoiding prosecution on a criminal offense. This must be utilized in conjunction with a strategy tailored around the specific facts and circumstances of the offense at hand, as well as parties involved. In order for this to occur it is essential that the defendant obtain legal representation and closely follow the advice of his or her counsel.

Domestic Violence is a serious problem in this country. Certainly, however, anyone can understand that relationships are hard and with added stress from financial problems, work related stress and of course drug or alcohol addiction people may do things for which they are not proud. When charged with such an offense it is essential that an individual begin immediately preparing a defense which may include mitigating measures. These may include a drug and alcohol assessment, counseling, anger management training or even alcoholics or narcotics anonymous meetings. It is for this reason that a consultation with an attorney experienced in defending these matters occurs prior to proceeding to court.

Contact Houston Domestic Violence Lawyer Charles Johnson

It’s important to speak with an attorney as soon as you’ve been arrested. The sooner you contact an attorney, the sooner work can be done to prevent your charges from escalating into a conviction.

Harris County Domestic Violence Defense Attorney Charles Johnson knows how frustrating and hopeless things may seem right now, but urges you not to give up hope. There are many viable defense strategies for fighting domestic violence charges, and many things that can be done to ensure your charges don’t spiral out of control. You can depend on Attorney Johnson to thoroughly investigate your charges, and trust that he’ll make it known to the judge if he finds anything that may indicate the accusations were fabricated. The Charles Johnson Law Firm is here for you, and will do whatever can be done to make sure this ordeal results in the best possible outcome!

If you have been accused of domestic violence, don’t try to fight your charges alone.

Contact Houston Domestic Violence Defense Lawyer Charles Johnson for experienced and dependable representation. He can be reached directly around the clock, 7 days/week at (713) 222-7577.

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Houston Family Assault Lawyer Charles Johnson

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Arrested for DWI in the Houston Area? Houston DWI Lawyer Charles Johnson

Finest Houston Criminal Defense AttorneyThe Charles Johnson Law Firm provides the highest level of representation in assisting our clients through the rigors of a DWI case. After you are charged with DWI in the Houston area, you are confronted with an unpleasant truth: anyone who drinks and drives is subject to arrest, whether or not they are actually affected by alcohol. However, being charged does not mean being convicted. Contact Houston DWI Lawyer Charles Johnson directly anytime day or night at (713) 222-7577 to discuss your case.

 

Hire the Best Houston DWI Lawyer: The Charles Johnson Law Firm

When someone gets arrested for a DWI, they get a lot of advice from almost everyone around them; friends, family, co-workers, and sometimes even the arresting officer gives you advice about what to do. It probably seems like everyone has a different answer for what is “the best thing to do.” And then you may have received some annoying letters from attorneys who do not even know you, some of which can be very intimidating, frightening, or just plain obnoxious.

The fact is that no two DWI’s are alike, because penalties and options vary depending on the facts of what happened, your prior record, the county and city you were arrested in, and the status of your driver’s license.

To get superior DWI representation, you need the best of these three things:

KNOWLEDGE.
The Best Houston DWI lawyer will be familiar with the city and county of your offense and should know how that jurisdiction treats DWI cases like yours. Houston Lawyer Charles Johnson is aware of the current DWI statutes and case law, which changes all the time. Finally, your DWI lawyer should take the time to know about your situation so the goals of your case suit your individual needs.

STRATEGY.
DWI cases are not easy to win, and the justice system is not about to do any favors for DWI offenders in today’s anti-DWI society. An effective strategy is one that preserves every possible opportunity to impact the various penalties you will be facing. That is the key to superior DWI Defense Strategy: preserving and taking advantage of opportunities. Whether it is for purposes of arguing the issues of your case, negotiating a settlement, or controlling the timing of the penalties you will be facing, a solid strategy will help you come out of this with as little damage as possible.

DEDICATION.
The Best Houston DWI Attorney will devote an adequate amount of time and resources to your defense. You do not want an attorney that does not take the time to explain the ins and outs of your case to you every step of the way. You DO want a DWI lawyer who is passionate about defending DWI cases. Our DWI clients have taken advantage of our Knowledge, Strategy, and Dedication for honest solutions to their DWI problems. Don’t let another day go by before you start working on your case. Contact the Best Houston DWI Lawyer Charles Johnson today at (713) 272-4586 for a free case evaluation.

About DWI in Texas

In Texas, the legal limit for intoxication is .08 BAC. If an officer thinks your driving is impaired, you can still be stopped and arrested for DWI regardless of your BAC. Penalties get worse with every DWI offense.

Texas is a national leader in many areas―unfortunately, one of these is in the number of accidents and deaths related to driving while intoxicated (DWI). Each year, thousands of Texans are involved in this tragedy; about 2,000 of them die.

Texas is also a zero-tolerance state for underage drinking; any detectable amount of alcohol in drivers under 21 is a crime. Yet young drivers account for many alcohol-related traffic accidents, and the age group with the most violations and accidents are those between 21 and 34. Remember, teens and young people are actually more prone to reaching higher alcohol concentrations more quickly than older drinkers. Size and body weight also play a role. Big Uncle Fred may be able to toss back those shots of tequila and maintain an allegedly safe BAC but younger, smaller people may not be able to accomplish this feat.

While a DWI conviction requires a BAC of 0.08% or above, any driver can be cited for “driving while impaired” by drugs or lower concentrations of alcohol.

Texas DWI Penalties for Drunk Driving

Driving while intoxicated, first offense, is a Class B Misdemeanor that is defined at Texas Penal Code §49.04. That provision states that, “A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place”.

This definition sets forth the elements that must be proven to sustain a conviction.  Those elements are:

  • The defendant, on or about a particular date
  • Was operating a motor vehicle
  • In a public place (street, highway, beach, parking lot, etc)
  • In a particular county
  • While intoxicated The Texas legislature has specifically defined the term “intoxication”, as that term is used for prosecution of DWI cases {Texas Penal Code §49.01(2)}

In addition, there are two definitions to encompass those who do or do not submit to chemical testing:

1) “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

2) having an alcohol concentration of 0.08 or more.”

It is important to note that the law provides for intoxication by the introduction of any intoxicating substance into the body. This is designed to make our roadways safe from dangerous drivers.

Typically, proof at trial is restricted to alcohol unless some statements or other indications suggest that the driver has become impaired by some other substance.  Equally as important, being on prescription drugs is not a defense to a DWI prosecution. If the label suggests that ingestion will impair one’s ability to operate a motor vehicle or machinery, taking such medicine and driving may subject you to DWI arrest and conviction.

At trial, the State therefore may prove intoxication in three (3) different ways:

  • not having the normal use of physical faculties OR
  • not having the normal use of mental faculties OR
  • having an alcohol concentration of 0.08 or more

The jury does not have to be unanimous on the manner and means of intoxication, only that the person was intoxicated.

Plus, intoxication must occur and be proven to occur while driving. Many other States provide for prosecution of a “lesser included” offense other than DWI (i.e. reckless driving, impaired driving, driving under the influence, etc.). Texas however has no lesser included offense of DWI. Some counties offer plea bargain agreements to other charges than DWI, but they are the exception and not the rule.

Classifications and Range of Punishment for DWI Conviction

DWI, 1st Offense:  Class B Misdemeanor in Texas

Fine

A fine not to exceed $2,000.

Jail

Confinement in the County Jail for a term of not less the 72 hours nor more that six (6) months.

Open Container

If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail.

Community Service

Texas law mandates that a judge order not less than 24 hours nor more than 100 hours.

Absent unusual facts, most persons convicted of a first offense DWI are granted community supervision (“probation”) of any confinement ordered. The general length of DWI probation is from 1-2 years. There are also conditions of community supervision ordered that are fairly standard in most courts. Typical conditions imposed are: Drug/Alcohol Evaluation. A person convicted of DWI will be required to submit to evaluation for probability of committing DWI in the future and/or to disclose a potential problem with alcohol or drug abuse. If a problem is detected, additional terms and conditions of probation are ordered to be administered through the Community Supervision Department. Attend and complete an approved DWI Education class within 180 days from the date of conviction (Satisfying this requirement will avoid the one (1) year drivers license suspension, unless if you were a minor (under 21) at the time of the offense.) Attend and complete a Victim Impact Panel. This is a forum that presents victims of drunk drivers to address persons convicted of DWI and warn of the dangers and perils of driving while intoxicated. Work faithfully at suitable employment, commit no other crimes, remain at the same residence and employment unless notification is given to the community supervision officer, report monthly to the supervision office, pay all fines and costs in a timely manner. Pay a monthly supervisory fee. Perform a specified hours of community or volunteer service.  NOTE: If convicted, you will be given an Order Granting Probation. This Order will be specific and unique to your case and fully sets forth the terms and conditions of your probation which apply to you. It is the blueprint for your probation.

Additional Conditions of Probation that may be Ordered:

If your case presents unusual facts (accident, alcohol problem, prior alcohol contacts, bad driving record etc.), additional conditions may be ordered. Most conditions are designed to address a problem that appears from the facts or alcohol/drug evaluation that is performed on the subject after conviction. Again, a specific order is given after each conviction. The following list is only a general discussion of conditions that have been imposed in some DWI cases in my experience and may not apply to you.

Deep lung air device

This provision requires that you install and maintain a device on any car which you intend to drive during probation. The device requires a breath sample before it will allow your car to start. Some devices require periodic breaths while driving. This condition is sometimes recommended after an unfavorable drug/alcohol evaluation during a first-offense probation, and is almost always ordered as a condition of bond on a subsequent offense arrest.

Alcohol Treatment

Attendance at AA or other counseling programs offered through the probation department. In extreme cases outpatient programs may be ordered. This condition is recommended after an unfavorable drug/alcohol evaluation.

Consume no alcohol

Most courts require that a person not consume any alcohol during probation. This provision is monitored by periodic and random urinalysis at the probation office. Some courts will not even allow a probationer to enter a bar, tavern or lounge where alcohol is sold and consumed.

Confinement

Again, in some extreme circumstances, the Court may order that a DWI offender serve confinement in the county jail as a condition of being granted probation.

Restitution

If there was an accident followed by a DWI arrest, and if your insurance company has not paid damages to the other party, restitution of any unpaid amounts will be ordered by the Court as a condition of probation.

Enhanced Penalties (Prior alcohol or drug related criminal history)

Under Texas law, if it is shown that a person has been previously convicted of DWI, the punishment and penalties after conviction are increased or enhanced. The prior DWI conviction must have occurred within ten (10) years of the present arrest for DWI. Additionally, if a person has any prior DWI conviction within the previous ten year period (measured from dates of arrest), the State is then allowed to use any prior DWI conviction since obtaining a drivers license to enhance the accusation to a DWI, third offense. NOTE: Texas can use prior convictions that have occurred in other states for enhancement of punishment.

DWI, Second Offense: Class A Misdemeanor Special Condition for Jail Release on Bond:

It is important to note that if arrested and accused of a DWI Second or greater offense, Texas law now requires the Court to Order as a CONDITION OF RELEASE FROM JAIL ON BOND, that the person install and maintain a deep lung air device on the car that the person intends to drive and operate while charges are pending. The device requires a breath sample before it will allow you to start your car. They also require periodic breaths while driving to monitor and insure sobriety. New technology has made these devices “user sensitive” so that someone else cannot blow into the device for the driver.

Although this provision seems to run afoul of the presumption of innocence, Texas Courts have consistently held that such condition is necessary to protect a legitimate governmental interest in making public roadways safe for the motoring public.

Fine

A fine not to exceed $4,000.00.

Jail

Confinement in the County Jail for a term of not less than 72 hours nor more than one (1) year.

Community Service

Texas law mandates that a judge order not less than 80 hours nor more than 200 hours.

Deep lung air device

Typically deep lung devices are required for all DWI second offenders during probation.

Suspension of license

A person convicted of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years.

DWI, Third Offense (or greater): Third degree FELONY

Fine

A fine not to exceed $10,000.00.

Jail

Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 years nor more than ten (10) years.

Deep lung air device

Deep lung air devices are generally ordered on all persons convicted of three or more DWI’s both as conditions of bond and as conditions of any occupational or provisional licenses that may be awarded after conviction.

Community Service

Texas law mandates that a judge order not less than 160 hours nor more than 600 hours.

Suspension of license

A person convicted of DWI, Second may have their driving privilege suspended for not less than 180 days or more than two (2) years.

Other

A third conviction for DWI indicates a significant problem with alcohol to the Court or jury assessing punishment. Some type of rehabilitative treatment is therefore mandated in punishment if confinement in the penitentiary is to be avoided. In some cases an in-patient, incarceration program (Substance Abuse Felony Probation SAFP) is ordered. This program requires confinement in a State Facility for alcohol rehabilitation. After successful completion of the SAFP program, the person is then released and placed on probation for a term not to exceed ten (10) years. Another popular condition for habitual DWI offenders is a prescription for a drug named “Antabuse”. This drug will make a person violently ill if any alcohol is consumed. The alcohol can be contained in mouthwash or marinated food and will still have the same effect on the user. If a person has any type of liver problems, this drug can cause liver failure and death.

Texas law does not provide for any increased punishment after DWI, third offense. If a person presents a DWI, fourth offense or beyond, the typical punishment is confinement in the penitentiary from two (2) to ten (10) years without probation being granted. In some cases SAFP may be granted upon proper request and showing that it is appropriate.

Intoxication Assault

Third degree Felony “A person commits an offense if the person, by accident or mistake, while operating a …. motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another” {Texas Penal Code §49.07}. ” ‘Serious Bodily Injury’ means injury that creates a substantial risk of death or protracted loss or impairment of the function of any bodily member or organ”.

Fine

A fine not to exceed $10,000.00.

Jail

Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than ten (10) years.

Community Service

Texas law mandates that a judge order not less than 160 hours nor more than 600 hours.

Intoxication Manslaughter

Second Degree Felony “A person commits an offense if the person:

1) …operates a motor vehicle in a public place, and…

2) …is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.”

Fine

A fine not to exceed $10,000.00.Jail: Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than twenty (20) years.

Community Service

Texas law mandates that a judge order not less than 240 hours nor more than 800 hours.

NOTE

If a person is involved in an accident where there is risk of death or death, a mandatory blood sample will be taken for analysis and use in the prosecution of either Intoxication Assault or Intoxication Manslaughter.

Administrative License Revocation (ALR) Program

What is an ALR Hearing?
Many Texas drivers who are arrested for driving while intoxicated (DWI) do not realize that a DWI arrest creates two separate cases, one civil and one criminal.

Specifically, a DWI arrest results in both a criminal charge, and usually initiates a civil proceeding against the arrested driver’s driving privileges called an Administrative License Revocation, or ALR.

An ALR suspension is initiated against an arrested driver when he either refuses to submit to breath or blood testing, or alternatively, fails a breath or blood test. The legal authority to impose an ALR suspension against a driver lies in the Texas implied consent statute.

This law states that each person who operates a motor vehicle on Texas roadways has given his or her implied consent to provide a specimen of breath or blood if arrested for DWI and provided with the applicable consequences of refusing to submit to testing.

Notice of ALR Suspension
Many police officers, after arresting a citizen, will tell the arrested driver that if he does not agree to take a breath or blood test that his license will be automatically and immediately suspended.

This is incorrect. When making an arrest for DWI, peace officers are required to take possession of any Texas license issued by this state and held by the person arrested and issue the person a temporary driving permit that expires on the 41st day after the date of issuance. Further, a request for a hearing to challenge the proposed suspension will delay any ALR sanctions until a hearing takes place.

Hearing Request Provisions
ALR suspensions are automatic unless you request a hearing to challenge the suspension, in writing, WITHIN FIFTEEN (15) DAYS after receiving notice of suspension from the arresting agency on a Department of Public Safety approved form. This document is generally received on the day of arrest.

If a hearing is not requested in a timely manner, the suspension will automatically begin on the forty-first (41st) day after notice was received. If a hearing is requested, no action will be taken regarding suspension until after the hearing has taken place, even if the hearing takes place more than forty days after the arrest.

The ALR Hearing
The burden of proof at an ALR hearing is on the Department of Public Safety. Once a driver or his attorney has made a timely request for an ALR hearing, no suspension may be imposed against the driver until the Department of Public Safety proves the following elements by a preponderance of the evidence at the hearing:

  1. That there was reasonable suspicion to stop or probable cause to arrest the driver;
  2. That probable cause existed that the driver was driving or in actual physical control of a motor vehicle in a public place while intoxicated;
  3.  That the driver was placed under arrest and was offered an opportunity to give a specimen of breath or blood after being notified both orally and in writing of the consequences of either refusing or failing a breath or blood test; and
  4. That the driver refused to give a specimen on request of the officer, or, that the driver failed a breath or blood test by registering an alcohol concentration of .08 or greater.

Suspension Provisions for Adult Drivers
Without any prior alcohol or drug related contacts against the accused driver during the previous 10-year period, your license will be suspended for 90 days if your chemical test result is over a 0.08% or 180 days if you refuse a chemical test. If you have a prior alcohol or drug contact within ten years, your license will be suspended for one year if your chemical test is over 0.08% or 2 years if you refuse a chemical test. In certain circumstances you may be eligible for an Occupational License.

Possible Defenses for DWI Charges

In deciding which defenses could apply in your driving while intoxicated (DWI) case, Houston Drunk Driving Lawyer Charles Johnson will look at all the evidence produced by the police and interview witnesses. Some common defenses seen in DWI cases include:

Driving Observation Defenses
The prosecutor always relies (sometimes exclusively) on the arresting police officer’s testimony about how a DWI suspect was driving, including:

  • Very slow speeds
  • Uneven speeds (very fast, then very slow, for example)
  • Weaving from one side of a lane to the other
  • Crossing the center line of the highway
  • Running a red light
  • Hesitation in going through a green light

A good defense attorney will argue that there are many different explanations for these driving behaviors that don’t have anything to do with being alcohol-impaired.

Behavior Observation Defenses
An officer may also testify as to a DWI suspect’s appearance and behavior when questioned, including:

  • Slurred speech
  • Bloodshot eyes
  • Inappropriate joking or incoherent speech
  • Stumbling or not being able to walk very far
  • Pupil enlargement

Defenses to these observations that don’t have anything to do with being intoxicated may include:

  • Lack of sleep
  • Allergies
  • Contact lenses
  • Stress due to personal circumstances
  • Medications
  • Foods recently ingested
  • Nervousness over being stopped by police
  • Physical impairments
  • Field Sobriety Test Defenses

When an officer suspects you may be too intoxicated to drive, he or she will likely ask you to perform what are called “field sobriety tests.” These tests are designed to assess your physical and mental alertness, and can include:

  • Walking a straight line
  • Walking backwards
  • Reciting the alphabet, frontwards or backwards
  • Standing on one leg
  • Officers also sometimes rely on what’s called a “nystagmus” test, in which the suspect is asked to shift eye gaze from one side to the other while the officer shines a light in his or her eyes. The theory is that the gaze of someone who is impaired by alcohol or drugs will be jerky rather than smooth.

The defenses to field sobriety tests are often the same as with officer observations. Medications and lack of sleep can make it considerably more difficult to perform these tests. Many people also have physical impairments caused by injuries – or simply aging -that make it impossible to perform these tasks under ideal conditions.

The Best Houston Lawyer will cross-examine the arresting officer in detail as to whether the officer asked you if you had physical impairments or there were particular circumstances that would make it difficult to perform the tests. He may also point out to the jury that many jury members may have similar difficulties performing the tests, such as by asking the jury if they could recite the alphabet backwards under the best of circumstances.

Blood Alcohol Content Defenses
When you consume alcoholic drinks, the alcohol is absorbed into your blood stream. The level of alcohol in your blood, called the Blood Alcohol Content (“BAC”) can be measured by different tests. In all states, you’re presumed to be drunk and unable to safely operate a vehicle if your BAC is .08 or greater. This measurement means that your blood contains eight/ one-hundredths percent of alcohol.

All states have lowered the BAC level defining intoxication to .08, and have “zero tolerance” laws that make it illegal for people under 21 to operate a vehicle with little or no amount of alcohol in their blood.

Many states also have more severe DWI or DUI penalties for driving with a high BAC, which is often defined as a level measuring more than .15 to .20.

Your BAC can be determined from a blood draw, which is often automatically taken if you are involved in an accident and there is a suspicion that you may have been drinking. Your blood will also be drawn if you are taken to the hospital because the police are concerned that you may have had so much to drink that you are in danger of alcohol poisoning and should be hospitalized for observation and/or treatment.

Most DWI suspects have their blood tested by blowing into a breath testing device. These devices can be faulty and not well-maintained or properly calibrated. They can register false results based on your consumption of food and other non-harmful substances other than alcohol or drugs.

The Best Houston DWI Lawyer will likely subpoena police records on how the breath testing machine operates and was maintained and calibrated. He may also want to bring in expert testimony that the particular breath testing machine the officer used is notorious for malfunctioning.

Depending on the jurisdiction, another defense to breath testing machines arises when the physical breath tests aren’t preserved as evidence, allowing for independent testing later. Your attorney can argue that there’s no way to know if the machine that was used was accurate, if your breath samples can’t be independently tested.

Many of the defenses against DWI charges require a lawyer’s expertise and experience. If you have been arrested for a DWI offense in Texas, do not try to handle the legal situation yourself. Contact the experienced and respected Texas DWI defense attorneys at the Charles Johnson Law Firm right away to make sure that your rights are protected.

We can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.

Arrested for DWI in the Houston Area? Houston DWI Lawyer Charles Johnson
by Charles Johnson

Facing False Charges of Child Abuse? Select the Leading Houston Child Abuse Lawyer Charles Johnson

If you have been falsely accused of Child Abuse, it is essential that you hire a Houston Child Abuse Lawyer who specializes in these types of cases to protect your legal rights. A conviction for Child Abuse can lead to serious legal consequences, including the loss of your right to be around children, the loss of the right to be with your own children, and time in jail. A conviction for Child Abuse charges can also lead to more personal consequences like embarrassment and a life-long label as a child abuser. Courts, as well as the public, are generally eager to convict and punish an individual who is responsible for exposing a child to abuse. A child’s testimony may have the ability to sway the outcome of a trial, even if their testimony is not accurate. Houston Criminal Lawyer Charles Johnson specializes in effectively and successfully defending his clients against Child Abuse charges. You can contact him directly anytime night or day at (713) 222-7577 to discuss your case.

What is Child Abuse?

According to Chapter 261 of the Family Code (recodified in 1995), child abuse is an act or omission that endangers or impairs a child ‘s physical, emotional or mental health and development. Child abuse may take the form of physical or emotional injury, sexual abuse, sexual exploitation, physical neglect, medical neglect, or inadequate supervision.

The law specifically excludes “reasonable” discipline by the child’s conservator, parent, or guardian; corporal punishment is not in itself abusive under the law. An act or omission is abusive only if “material and observable impairment” occurs as a result, or if it causes “substantial harm,” or exposes the child to risk of substantial harm.

Neglect, like physical and emotional abuse, hinges on substantial harm or observable and material impairment. The law excludes from its definition of neglect any failure to provide for the child that is due to lack of financial resources. A child living in poverty is not a victim of neglect under the Texas Family Code except in cases where relief has been offered and refused by the child’s parent, conservator, or guardian .

A person commits abuse if they place a child, or allows a child to be placed, in a situation where the child is exposed to “substantial risk” of injury or harm. The law also clearly states that a person commits abuse if they fail to make a reasonable effort to prevent another person from abusing a child.

If you have been charged with Child Abuse, one of the most important steps you can take is to not speak with anyone other than your lawyer about the details of the case. Often times, defendants incriminate themselves by speaking to the police or engaging in phone conversations where certain statements can be taken out of context.

You need a Child Abuse Lawyer who will treat your Child Abuse defense seriously. Being charged with Child Abuse could have a devastating impact on your life and the lives of your family. Houston Criminal Lawyer Charles Johnson will diligently fight for your rights, reputation and future. Contact him now at (713) 222-7577 for expert legal guidance.

Physical Abuse

Physical abuse typically occurs when a frustrated parent or caregiver strikes, shakes, or throws a child because of anger. Other forms of deliberate assault that may be physically abusive include burning, scalding, biting, kicking, cutting, poking, twisting a child’s limbs, deliberately withholding food, binding, gagging, choking, or hitting the child with a closed fist or other instrument. If it results in injury, any form of corporal punishment may be abusive.

Physical injuries resulting from child abuse can run the gamut from lacerations, burns, and bruises, to head injuries, broken bones, broken teeth, and damage to internal organs. Context, circumstances, and the exact nature of the wounds usually set apart the injuries resulting from abuse. Specially trained professionals must make the determination whether a child has actually been abused or not.

Due to the delicate and sensitive nature of a child abuse case, it is important to have the advice and the counsel of a professional who is experienced in this type of case. Houston Attorney Charles Johnson specializes in cases that deal with Child Abuse. Don’t take chances with your future. Contact him today.

Unexplained Death of a Child

Sudden Infant Death Syndrome (SIDS) is the sudden, unexplained death of an infant—a child between one month and one year old. It is frightening because it is strikes without warning, and medical science has been unable to determine exactly why it happens.

SUDC (Sudden Unexplained Death in Childhood) is the sudden and unexpected death of a child over the age of twelve months, which remains unexplained after a thorough case investigation is conducted. Similar to SIDS, SUDC is a diagnosis of exclusion – given when all known and possible causes of death have been ruled out. By definition, SIDS applies only to the death of babies younger than 12 months, while SUDC victims are past their first birthday whose deaths go unexplained even after an autopsy, a death scene investigation and medical history review.

The death of an infant due to SIDS or SUDC is a devastating event that can leave parents feeling sad, guilty, angry, and confused. Although we all do our best to keep children safe, sometimes the worst happens and kids suffer major injuries. If your child has been seriously hurt and you need legal advice, contact Houston Lawyer Charles Johnson anytime at (713) 222-7577 for a free case review.

Shaken Baby Syndrome

There is a growing trend of misdiagnosed Shaken Baby Syndrome cases occurring in America today. Typically, a parent or caretaker is falsely accused of murdering or injuring a baby by shaking him or her, when the actual cause of the death or injury occurs from another source.

If a child is held by the shoulders or chest and shaken violently, often no external injury is visible. The impact of the brain on the inside of the skull may prove damaging or even fatal, especially if the child is less than two years old or is shaken repeatedly. Symptoms of injury include vomiting and seizures. An infant who is violently shaken may suffer convulsions, permanent brain damage, and death. A young child who survives a severe shaking episode may be blind, deaf, or otherwise disabled as a result. Even less violent shaking of older children may cause neurological deficits, as well as learning and behavioral disorders.

If you have been charged with child abuse involving Shaken Baby Syndrome, it is important to contact an immediately to begin gathering all necessary medical information and begin preparation of your case. If your child or a child you have been caring for has been injured or has passed away, you already have too much to deal with. Do not let overzealous prosecutors portray you as a violent child abuser.

Sexual Abuse

Child sexual abuse remains, in the overwhelming majority of cases, a crime perpetrated by members of the child’s family and circle of trust. Sexual abuse is defined in the Family Code as any sexual conduct harmful to a child’s mental, emotional, or physical welfare as well as failure to make a reasonable effort to prevent sexual conduct with a child. A person who compels or encourages a child to engage in sexual conduct commits abuse, and it is against the law to make or possess child pornography, or to display such material to a child.

If you are facing potential Child Sexual Abuse charges, it is critical that you use a legal defense team with specific experience and expertise dealing with crimes against children. Call Houston Sex Crimes Lawyer Charles Johnson at (713) 222-7577 for a free, confidential initial consultation. Early intervention is critical to obtaining the best results.

Best Child Abuse Defense AttorneySexual abuse may consist of a single incident or many acts over a long period of time. Boys and girls of any age can be victims of sexual abuse. The molester can be just about anyone, but most often, it is someone known to the child. The abuse may escalate over time, particularly if the abuser is a member of the child’s own family. The child’s non-abusing caregiver(s) may be unaware of the abuse or may be in a state of denial.

Child sexual abuse includes fondling, lewd or lascivious exposure or behavior, intercourse, sodomy, oral copulation, penetration of a genital or anal opening by a foreign object, child pornography, child prostitution, and any other “sexual conduct harmful to a child’s mental, emotional, or physical welfare.” These acts may be forced upon the child or the child may be coaxed, seduced, and persuaded to cooperate. The absence of force or coercion does not diminish the abusive nature of the conduct, but, sadly, it may cause the child to feel responsible for what has occurred.

It is extremely difficult for a child to report sexual abuse. A very young child may not understand that what has happened is not normal or accepted. More importantly, the abuser almost always discourages the child from telling anyone about the abuse. The strategies for silencing a sexual abuse victim are as ruthless as they are varied. The abuser may be someone whom the child depends upon and trusts; s/he may use the child’s dependency and affection to extort a promise of secrecy. A more brutal perpetra­tor may threaten to harm and even kill the child or other family members or pets. Or the abuser may tell the child that the family will be broken up, the child blamed, or the child taken away from home if the secret becomes known. These are not altogether unrealistic fears for the child, unfortunately.

For many people, an allegation or disclosure of sexual abuse is indeed hard to accept. This is particularly true when the perpetrator is a family member or an otherwise law-abiding, respectable, and seemingly “nice,” “normal” person. Many adults have a tendency to overlook, discount, minimize, explain away, or simply disbelieve allegations of sexual abuse. Yet children rarely lie or invent stories on their own about being sexually abused. The fact that children can sometimes be manipulated or coached should not dissuade anyone from reporting a child’s revelation of sexual abuse. All responsible adults, but particularly those who work with children, should be aware that sexual abuse occurs and should be alert for the opportunity to aid a child who attempts to disclose abuse. The child’s need for support and protection must come first.

Sexual assault by a stranger versus a family member

Sexual assault of a child is a violation of the Penal Code, regardless of whether the perpetrator is a stranger or family member. Assault by a stranger and assault by a family member may involve similar criminal charges. In addition, an assault by a family member, especially one who lives in the household with the child, may be the basis for a civil action such as removal of the child from the home. In fact, assaults by strangers are much less common than assaults by persons known to the child. Perhaps the most common scenario for child sexual assault involves the male partner of a young girl’s mother (the girl is assaulted by her father, stepfather, or her mother’s boyfriend).

Child molesters

The child molester is sexually attracted to children (usually children of a certain age) and assaults them to obtain sexual gratification. While anyone of any age, race, or gender can be a child molester, this person is typically an adult heterosexual male. Most often, molestation is not a “stranger” assault, and may not involve force. Many child molesters relate quite well to children and seek out professions, jobs, or volunteer positions that give them access to children. They often make or collect child pornography.

Their methods of seduction may include bribes and the use of pornography depicting sex between adults and children the age of the intended victim. The relationship with the child may develop over a period of weeks or months, becoming increasingly coercive and invasive. Child molesters repeatedly offend and may molest or attempt to molest literally hundreds of children before being caught. The victims, while frequently befriended by the child molester, are generally not related by blood or marriage.

Molestation is an umbrella term that includes a number of sex offenses against children including, but not limited to:

A person convicted of any of the above acts will suffer extensive damage to their personal, professional, and social life in addition to other serious penalties and punishments including imprisonment, loss of rights, financial reimbursement to the victim, and more.

Houston Sex Crimes Lawyer Charles Johnson has a wealth of experience handling sex crime cases and will work diligently to ensure your legal rights and interests are protected every step of the way. His firm is dedicated to thoroughly investigating your case, building a strong defense, negotiating with other parties to dismiss or reduce your charges, and more. If you want someone who is on your side, please contact Houston Lawyer Charles Johnson today for a complimentary consultation.

Sexual Assault of a Child as Defined by Law

Like all states, Texas protects children from sexual contact short of statutory rape. Like statutory rape, consent is not an issue, the age of consent is 17, and there is an affirmative defense if the two parties are close in age:

§ 21.11. INDECENCY WITH A CHILD.  (a) A person commits an offense if, with a child younger than 17 years and not the person’s spouse, whether the child is of the same or opposite sex, the person:

(1)  engages in sexual contact [defined below]with the child or causes

the child to engage in sexual contact;  or

(2)  with intent to arouse or gratify the sexual desire of any person:

(A)  exposes the person’s anus or any part of the person’s genitals, knowing the    child is  present;  or

(B)  causes the child to expose the child’s anus or any part of the child’s genitals.

(b)  It is an affirmative defense to prosecution under this section that the actor:

(1)  was not more than three years older than the victim and of the opposite sex;

(2)  did not use duress, force, or a threat against the victim at the time of the offense;  and

(3)  at the time of the offense:

(A)  was not required under Chapter 62, Code of Criminal Procedure, to register    for life as a sex offender;  or

(B)  was not a person who under Chapter 62 had a reportable conviction or    adjudication for an offense under this section.

(c)  In this section, “sexual contact” means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:

(1)  any touching by a person, including touching through clothing, of the anus, breast, or  any part of the genitals of a child;  or

(2)  any touching of any part of the body of a child, including touching through clothing,  with the anus, breast, or any part of the genitals of a person.

(d)  An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.

Sexual Assault (Statutory Rape)

Forcible rape was a common law offense.  Consensual sex with a child was criminalized by a statute by Parliament, and is thus termed “statutory” rape.   The Texas version is found in TPC sec. 21.011 (2). It provides that an actor commits an offense if he or she

2)  intentionally or knowingly:

(A)  causes the penetration of the anus or sexual organ of a child by any means;

(B)  causes the penetration of the mouth of a child by the sexual organ of the actor;

(C)  causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(D)  causes the anus of a child to contact the mouth, anus, or sexual organ of another person,  including the actor;  or

(E)  causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

Note that like the forcible rape version, the statute is gender neutral and includes sex acts other than vaginal intercourse.  There is no element of lack of consent .

A child is defined as someone younger than 17 years of age who is not the spouse of the actor.  Because the acts are consensual, there is, unlike in the forcible rape version, a spousal exception. Persons under 17 are presumed incapable of giving a valid consent, except when married.  Age 17 is referred to as the “age of consent,”–the age at which the law assumes a valid consent can be given.

There is a defense of medical care: “(d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.”

There is also a defense if the offender and victim are close in age, are not close relatives, and the offender does not have certain prior convictions for certain sex offenses.  In these situations it is less likely that there is some form of improper exploitation of a young victim by an older predator.

(e)  It is an affirmative defense to prosecution under Subsection (a)(2) that:

(1)  the actor was not more than three years older than the victim and at the time of the offense:

(A)  was not required under Chapter 62, Code of Criminal Procedure, to register for

life as a sex offender;  or

(B)  was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section;  and

(2)  the victim:

(A)  was a child of 14 years of age or older;  and

(B)  was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.

The statute does not say that the defendant must know that the victim is under 17, and Texas courts have not created such a requirement.  Thus, (as in a majority of states) mistake of fact about the victim’s age is not a defense.

New Super Aggravated Offenses: Continuous Sexual Abuse Of Young Child Or Children

In response to legal issues regarding notice, election, jeopardy and unanimity, the 80th Legislature added Section 21.02 to the Penal Code, which defines a new offense entitled Continuous Sexual Abuse Of Young Child Or Children. The new statute provides that a person commits an offense if, during a period of time of 30 days or more, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims, and at the time of the commission of each of the acts of sexual abuse, the actor is seventeen years of age or older and the victim is a child younger than fourteen years of age. § 21.02(b). For purposes of this section an “act of sexual abuse”, includes aggravated kidnaping with the intent to violate or abuse the victims sexually; indecency with a child, other than by touching the breast of a child, or exposure; sexual assault of a child pursuant to section 22.011; aggravated sexual assault under section 22.021; burglary with the intent to commit one of the foregoing offenses; and sexual performance by a child under section 43.25. §21.02(c), P.C.

It is imperative that you contact Houston Lawyer Charles Johnson immediately when you learn that you are under investigation for this serious offense. You can reach him directly at (713) 222-7577 to discuss your options.

Penalties for Child Abuse and Sentencing

A person charged with child abuse faces a wide range of penalties and sentencing possibilities, depending on several factors. These include the state where the abuse took place, the age of the child, whether the offense involved sexual abuse, whether the child was physically or mentally injured, and the criminal history of the offender.

Sentencing for child abuse and neglect cases is often difficult for everyone involved — especially since child abuse cases are often highly publicized and the potential for a social stigma on the family is great.

In most states, child abuse may be charged as either a felony or a less serious offense depending on the circumstances. The most severe cases of child abuse may carry felony lifetime sentences, while the least serious cases are considered gross misdemeanors with potentially no jail time. Punishment will typically be more severe if the offender has a prior record of criminal child abuse activity and greatly reduced if there is no prior record.

For sentencing purposes, a person charged with child abuse may enter a guilty, not guilty, or no contest plea. In a large number of cases, sentencing will typically include probation or a prison term of up to five years. Sentencing in other, more serious, cases may include a longer prison term.

Other possible penalties and/or consequences may include:

  • Lifetime requirement to register as a child sexual offender
  • Termination of parental rights
  • Ruined reputation
  • Criminal record
  • Supervised access to the child
  • Physical or actual loss and enjoyment of a child
  • Continual involvement with a child protective services agency

People who fail to report child abuse or neglect also face penalties and consequences in some states with mandatory reporting laws. In those states, if a person has reason to suspect that someone is abusing a child, they must report it through a hotline or law enforcement agency. Failure to report such cases in a timely manner is considered a misdemeanor in most states and may result in fines, jail time, or both.

Statute of Limitations for Sexual Assault of a Child Crimes

Felony indictments must be presented within these time limits:

No limitation:

  • Continuous sexual abuse of a young child/children
  • Aggravated sexual assault of a child
  • Sexual assault of a child
  • Indecency with a child
  • Sexual assault of an adult if DNA evidence is present

20 years from the victim’s 18th birthday:

  • Sexual performance by a child
  • Aggravated kidnapping with intent to commit sexual offense
  • Burglary of habitation with intent to commit sexual offense

10 years from the date of the commission of the offense:

  • Sexual assault of an adult
  • Aggravated sexual assault of an adult

Sections 21 and 22 of the Texas Penal Code define indecency with a child, sexual assault, aggravated sexual assault and other sex crimes. In these cases, “child” means a person younger than 17 years of age who is not the spouse of the actor.

Possible Defenses for Child Abuse Charges

Defending yourself against a child abuse charge can be difficult especially if it involves the testimony of a child. Combine that with the media’s negative depiction of child abuse offenders and it may seem impossible to overcome the harsh realities of a child abuse allegation.

If you are charged with child abuse – whether physical, emotional, or sexual – a criminal defense lawyer can devise a sound defense strategy and help cast doubt on the prosecutor’s case. Like other crimes, a person charged with child abuse has the same rights as defendants of other crimes, including the right to defend themselves against a criminal charge.

While child abuse laws aim to protect children, the justice system is set up to vindicate those who are wrongfully accused. Below are some of the most common (and some not so common) defenses that a person may assert on a child abuse charge:

False Allegations of Child Abuse

A common defense to child abuse charges is to say you didn’t do it. False accusations of child abuse are more common than most people think, especially in dysfunctional families or between parents who are involved in a difficult child custody battle. Although sometimes difficult to prove, the best strategy to defend false child abuse charges is to aggressively counter-attack allegations and show proof of the lie or similar wrongful conduct by the accuser.

The Injury Is a Result of an Accident

Most state child abuse laws do not punish accidents, unless the accident was a result of recklessness or gross carelessness. Examples of true accidents may include pushing your child on a bike and causing him to fall and scrape his knees or unknowingly slamming your toddler’s hand in the door. When a child’s injuries are a result of an accident, a person may raise this as a defense against child abuse charges but courts are split as to whether to prosecute parents who accidently cause harm to a child when acting with negligence (such as leaving a sleeping baby in a car alone on a hot day).

The Injury Is a Result of Something Other Than Child Abuse

Sometimes parents are falsely accused of child abuse based on non-accidental situations, such as when a child fights with another child and injures himself or when a child has a pre-existing medical condition that contributes to her own injuries. For example, one type of disease called “brittle bone disease” has been raised as a defense to show that one’s injuries were the result of a disorder that causes a child’s bones to break easily, and not a result of child abuse.

Parent’s Right to Discipline

Parents are generally free to discipline their children in any manner they choose, so long as the discipline is reasonable and causes no bodily injury. The question of how a parent disciplines a child (such as through spanking or threat of spanking), however, is often the subject of many child abuse cases. In certain circumstances, a parent, or one standing in “loco parentis “(such as a teacher), can raise the defense of “parental privilege” and claim that they had the right to reasonably discipline a child under their authority. However, if a child’s injuries are more serious than minor bruising as a result of the discipline, the parental privilege may not apply.

Religious Beliefs or Exemption

Even though it’s hard to grasp the thought of a child dying from an easily treatable illness, parents may claim an exemption to child abuse for religious reasons when a child dies because of a parent’s failure to seek medical care for their sick child. Although controversial, this religious exemption is a defense in all but a handful of states, and allows parents to escape charges of child abuse if they choose to pray for their sick children rather than take them to a doctor.

Munchausen Syndrome by Proxy

In rare cases, an individual accused of child abuse may raise the little-known defense called Munchausen Syndrome by Proxy (MSBP). MSBP is used to describe incidents in which a child caregiver, usually the mother, either lies about or promotes illnesses in their children in an attempt to draw attention or sympathy to themselves. This defense usually requires proof of psychological or medical data.

There may be other defenses available depending on the circumstances in your particular case. If you need assistance with defending charges of Child Abuse in Houston, Attorney Charles Johnson can help you understand your rights with respect to child abuse laws in your state. You can contact him directly day or night at (713) 222-7577 to discuss your case.

Hire the Best Houston Child Abuse Lawyer: The Charles Johnson Law Firm

The abuse or neglect of a child can have devastating effects on children and their families, as can false allegations, underreporting, and lack of knowledge. Child abuse is often zealously prosecuted and certain people are required by law to report instances of child abuse believed to have taken place.

Best Child Abuse Defense AttorneyWhen very small children are involved, the statements of the children themselves can be manipulated by the investigator. When older children are involved, the child’s behavioral or emotional problems can result in false accusations or manipulation of the investigator’s sympathy. In many cases, a child may simply tell the investigator what he or she thinks the investigator wants to hear.

The goal in a child abuse prosecution is to protect you from the criminal penalties that would follow a conviction and to protect your professional and family interests. Houston Sex Crimes Lawyer Charles Johnson knows how to challenge the findings of a CPS investigation and broaden the inquiry to cover circumstances that show you in a better light as a parent or child care professional.

Child abuse is, of course, a very sensitive issue and Houston Domestic Violence Lawyer Charles Johnson will address your case with this firmly in mind. Any children who are involved in the case will be engaged in the proceedings as little as possible in order to shield them from this litigation. When their involvement is necessary to improve the chances of a positive outcome, they will be treated with the utmost care and respect. Attorney Johnson is well versed in all areas of domestic violence and abuse cases and is ready to assist you in your legal matter. Contact him directly around the clock at (713) 222-7577 to discuss your case.

 

Houston Child Abuse Lawyer Charles Johnson

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