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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

Best Child Abuse Defense AttorneyIf 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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Facing a Money Laundering Investigation? Hire the Leading Houston White Collar Crimes Lawyer

Hire the Best Houston Money Laundering AttorneyThe Federal crime of Money Laundering is traditionally understood to be the practice of filtering “dirty” money, or ill-gotten gains, through a series of transactions until the funds are “clean,” or appear to be proceeds from legal activities.  The United States Criminal Code takes a broader stance towards money laundering, and criminalizes knowingly engaging in a broad array of financial transactions that involve money either derived from or meant to promote various illegal activities, or that involve certain elements of deception. While money laundering charges are often perceived as related with drug crimes, they are more frequently related with business-related crimes. For example, money laundering charges may be associated with illegal funds obtained through business fraud, mortgage fraud/real estate fraud schemes or other white collar crimes.

The Charles Johnson Law Firm represents individuals and institutions in matters such as:

  • Hiding money
  • Failing to file require cash transaction reports
  • Making multiple cash withdrawals or deposits slightly below the $10,000 reporting threshold
  • Evading taxes by underreporting income
  • Alleged Patriot Act violations
  • Illegal wire transfers
  • Financial transactions involving proceeds of unlawful activity
  • Other illegal transactions
  • Federal criminal appeals involving money laundering

Such activities are often viewed by federal prosecutors as indicators of money laundering. Houston Money Laundering Lawyer Charles Johnson will provide a vigorous defense of clients who have drawn scrutiny from the federal government for their financial transactions. If the government is able to make the case that your financial transactions were an effort to “launder” money received from criminal activities such as drug trafficking or weapons trafficking, you will face forfeiture of your assets. Houston Lawyer Charles Johnson is available to speak with you directly about your case, anytime night or day, at (713) 222-7577 if you have been charged with or are being investigated for Money Laundering.

Overview of Money Laundering in Texas
Although money laundering can be a complex process, it usually involves three distinct steps that can occur simultaneously or sequentially. These steps are referred to as (1) Placement, (2) Layering, and (3) Integration.

  • Placement is the initial process of getting illegal funds into “the system,” or placing unlawful proceeds into legitimate financial institutions. A common technique used for placement is structuring, or “smurfing,” which involves dividing the funds into multiple deposits of cash that are below reporting thresholds and then depositing the funds at one or more institutions, using one or more individuals to make the deposits.  Placement may also be accomplished by purchasing money orders or travelers checks at one institution and depositing them into accounts at other institutions.
  • Layering is the process of converting funds after they have entered the legitimate system. This step involves a series of complex financial transactions that move the funds in order to distance them from their illegal source. For example, dirty money may be converted to clean money through the purchase and sale of stocks, bonds, art, or jewelry. It may also be wired as payment for non-existent goods, disbursement to a non-existent borrower, or simply a transfer to another account.
  • Integration is the process in which the illegal funds re-enter the legitimate economy and become virtually indistinguishable from legal funds. The newly cleaned funds, often commingled with legitimate funds, are then ready for use, be it in investing in real estate, purchasing luxury items, or financing business ventures.

Common elements that drive the efforts of money launderers throughout this three step process include “the need to conceal the origin and true ownership of the proceeds, the need to maintain control of the proceeds, and the need to change the form of the proceeds in order to shrink the huge volumes of cash generated by the initial criminal activity.” It is important, when reviewing literature on money laundering, to be aware that a conviction for the crime of money laundering may not necessarily reflect activity that would traditionally be understood to constitute money laundering.  For example, someone who buys legitimate goods online commits money laundering, under the federal statute, if the supplier is outside of the country and the supplies are intended to facilitate one of several crimes — even if the product is itself legal and is being used in a legal way.  (For example, purchasing napkins in such a way would be money laundering, if they were to be used by an illegal casino.)

Off-shore Accounts 

Identifying and verifying money laundering is a difficult task, partly because of the complexities of the multi-transactional process but also because of the legal, political, and economic barriers that interfere with and often completely prevent investigation or enforcement of U.S. law outside of U.S. borders. Some of these barriers are reduced through the use of “memoranda of understanding” (MOUs), or mutual agreements — between agencies or officials of different nations — to exchange information and cooperate in criminal investigations. However, not all nations enter into these or other cooperative agreements. Examples of these instances include Nauru, Myanmar, and Nigeria.

Costs and Statistics

There is no clear picture of the actual amount of money laundered globally. Estimates based on reported crimes will tend to underestimate the figure, and estimates based on the size of the underground economy will tend to overestimate the actual amount.  Synthesizing a variety of sources, the International Monetary Fund cites figure of between ¾ of a percent to 2 percent of the world’s gross domestic product, when using the reported crime method and 5 to 85 percent of a nation’s economy (depending on the nation) when using the underground economy method.  These two figures can be found in other sources, roughly combined to give a range of 2-5 percent of the world’s GDP.  In 1996, the 2-5 percent formula yielded between 590 billion and 1.5 trillion dollars.   This figure is relatively often quoted as being the range of the magnitude of the money laundering problem (sometimes “rounded up” to 600 billion)- such as by the FBI.  The U.S. Department of the Treasury has also been quoted as estimating that “$600 billion represents a conservative estimate of the amount of money laundered each year.”  Using 2005’s world GDP of 59.6 trillion, the 2-5% approach would give one a figure of between 1.2 and 3 trillion dollars.  Of course, the research that provided the main support for the 2-5% figure is itself a decade old, and money laundering has become an issue commanding much greater legislative, regulative, and law enforcement attention in the wake of September 11th. In fiscal year 2001, federal law enforcement agencies in the U.S. seized more than $300 million in criminal assets that were attributable to money laundering. In 2001, U.S. district courts completed 1,420 money laundering cases and convicted 1,243 individuals, or more than 87 percent of the defendants prosecuted. Some of these cases involved more than $100 million in laundered funds, and one-fifth of the cases involved more than $1 million. Of the Money Laundering Control Act charges made in 2001, 63 percent involved fraud, bank embezzlement, transporting stolen property, and counterfeiting, and 16 percent involved drug trafficking. Almost half (44 percent) of the money laundering cases referred to U.S. Attorneys in 2001 occurred in the six geographic areas designated by the U.S. Departments of Justice and the Treasury as areas of high risk for financial crimes and money laundering activity (High Intensity Financial Crime Areas or HIFCAs). These areas are (with the year designated a HIFCA)

  • New York and Northern New Jersey – (2000)
  • Los Angeles – (2000)
  • San Juan, Puerto Rico – (2000)
  • The southwest Texas and Arizona/Mexico border – (2000)
  • The northern district of Illinois (Chicago) – (2001)
  • The northern district of California (San Francisco) – (2001)
  • Southern Florida (Miami) – (2003)

High Profile Examples/Case Studies

In 2006, Charles E. Edwards was sentenced to 13 years in prison and was ordered to pay $320,397,837 in restitution following his September conviction on charges of wire fraud, money laundering, and conspiracy to commit money laundering.  The evidence showed that from 1996 through September 2000, Edwards, the founder of ETS Payphones, Inc. (ETS), raised capital to grow his coin-operated payphone business by using a network of independent insurance agents to sell payphones to investors throughout the United States for $5,000 to $7,000 per phone.  Edwards convinced investors to buy payphones and lease them back to ETS for what Edwards claimed would be a guaranteed profit of approximately 14 percent per year.  The scheme defrauded approximately 12,000 nationwide investors out of more than $400 million.  Edwards siphoned off approximately $21 million of the fraud proceeds for himself and his wife.  In addition, the evidence showed that Edwards engaged in a series of unusual and convoluted financial transactions, which served no legitimate business purpose and were intended solely to conceal and disguise the source, location, ownership, nature, and control of the proceeds involved in those transactions.In 2006, Edmundo P. Rubi was sentenced to 70 months in prison for conspiracy to commit mail fraud and money laundering.  Rubi previously pled guilty to the charge that he conspired to conduct a scheme to defraud investors out of more than $12 million using his companies, Knights Express, Ltd. and Djmler Enterprises, Inc.  Rubi was also ordered to pay restitution in the amount of $12,483,000.  According to the plea agreement, beginning in 1999 and continuing up to October 31, 2001, Rubi formed and operated Knights Express Ltd. and Djmler Enterprises, Inc. for the purpose of soliciting investments from members of the public.  In connection with his guilty plea, Rubi admitted that he made fraudulent representations that investor funds would be used to purchase and resell Federal Reserve notes in an international trading program.  In actuality, no such international trading program existed.  Millions of dollars of investor funds were used instead to pay the periodic returns that investors received and to make unsecured investments.  Rubi also intentionally concealed from investors the fact that millions of dollars of investor funds were converted for his own personal use and benefit.The Drug Enforcement Agency (DEA) and U.S. Attorney’s Office in New York completed in 2002 a “long-term investigation targeting the money laundering and narcotics activities of the Khalil Kharfan Organization operating in Colombia, Puerto Rico, Florida, and the New York Tri-State area.” Initial statements by the agencies indicated that more than $100 million in narcotics proceeds were laundered in the scheme. The organization used members to open fictitious businesses, which they used for the deposit and transfer of money between countries.  Approximately $1 million has been recovered.In 2002, a California jury convicted two principals in a Costa Rican tax evasion-money laundering ring. Wayne Anderson, 62, and Richard Marks, 58, were arrested in one of the largest undercover stings in IRS history. The two men were charged with conspiracy to launder $470,000, mostly through offshore trusts that concealed millions of dollars for U.S. taxpayers who wanted to evade U.S. taxes. The case resulted in seven federal convictions. “A Nashville, Tennessee man was sentenced to 20 years in jail for his three-year role in a large-scale cocaine distribution and money laundering organization in the Nashville area. The individual pled guilty to conspiracy to commit money laundering and conspiracy to distribute cocaine. The defendant used several vehicles with sophisticated hidden compartments to transport the cocaine and the proceeds to pay for it back and forth between Chicago and Nashville.” “On June 21, 2002 a federal jury in North Carolina convicted Mohamad Hammoud and his brother Chawki, Lebanese immigrants, for providing material support to the terrorist group Hezbollah through racketeering, conspiracy, and conspiracy to commit money laundering by funneling profits from a cigarette smuggling operation. In March 2002, several of the Hammoud’s co-defendants pled guilty in North Carolina federal court to racketeering, conspiracy, and conspiracy to commit money laundering for funneling profits from their cigarette smuggling operation to purchase military equipment for the Hezbollah terrorists. The case began when the West Virginia State Police seized a significant quantity of contraband cigarettes. The Federal indictment alleged that millions of dollars worth of cigarettes were smuggled out of North Carolina to resell in States, including Michigan, where higher State taxes greatly increase the sales price.”

The Response/Current Efforts

Legislation and Regulation  The U. S. has imposed a number of legislative and regulatory standards to deter money laundering. The most significant of these are the following:

  • The Bank Secrecy Act (BSA), signed into law in October 1970, implemented a reporting system for large financial transactions (over $10,000) to monitor and deter the flow of criminally obtained proceeds. (Codified 31 U.S.C. §§ 5311-5330)
  • The Money Laundering Control Act of 1986 amended the BSA and specifically made money laundering – spending, saving, transporting, or transmitting proceeds of criminal activity – a federal felony. (Codified 18 U.S.C. §§ 1956 and 1957)
  • The Anti-Drug Abuse Act of 1988 increased the penalties and sanctions for money laundering crimes and amended the money laundering provisions of 18 U.S.C. § 1956 to include financial transactions with the intent to violate § 7201 (attempted tax evasion) or § 7206 (false tax return) of the Internal Revenue Code of 1986 (26 U.S.C.). (Pub. L. 100-690)
  • The Racketeer Influenced and Corrupt Organizations (RICO) Act identified violations of money laundering statues as “predicate offenses” that constitute racketeering activity and provided for both civil and criminal actions against violators. (Codified 18 U.S.C. §§ 1961-1968)
  • The Money Laundering and Financial Crimes Strategy Act of 1998 required that the Secretary of the Treasury coordinate and implement a national strategy to address money laundering. (Pub. L. 105-310)
  • The USA PATRIOT Act of 2001 established new rules and responsibilities affecting financial institutions and commercial businesses to prevent, detect, and prosecute terrorism and international money laundering. For example, the Act required banks to actively monitor customer transactions, expanded the ability of public and private institutions to share information, and increased civil and criminal penalties for money laundering. (Pub. L. 107-56)

Current Efforts To Reduce Money Laundering  In 2005, the Drug Enforcement Agency (DEA) completed Operation Mallorca, an investigation into the use of the Columbian Black Market Peso Exchange to launder drug money.  Operation Mallorca resulted in the arrest of 36 individuals and the seizure of 7.2 million dollars, 947 kilograms of cocaine, 7 kilograms of heroin, and 21,650 pounds of marijuana. In 2005, the multinational Organized Crime Drug Enforcement Task Force completed Operation Cyber Chase, an investigation that targeted illegal Internet pharmacies.  These pharmacies used more than 200 websites to sell controlled substances internationally and to launder the proceeds.  Just one of the organizations involved used this system of web-based distribution to move approximately 2.5 million dosage units of Schedule II-V pharmaceuticals (including Vicodin, amphetamines, and anabolic steroids) permonth. “Operation Wire Cutter,” a two and a half year joint effort of U.S. and Colombian law enforcement, uncovered a massive money laundering operation for several Colombian narcotics cartels that channeled money through New York, Miami, Chicago, Los Angeles, San Juan, and Puerto Rico using the Black Market Peso Exchange. The efforts resulted in 37 arrests – 29 in the U.S. and eight in Colombia – as well as the seizure of more than $8 million, 400 kilos of cocaine, 100 kilos of marijuana, 6.5 kilos of heroin, nine firearms, and six vehicles. Since the attacks of September 11, 2001, efforts to reduce money laundering – throughout the world – have increased significantly, with particular attention paid to associations with terrorist activities. Effective September 24, 2001, for example, President Bush issued Executive Order 13224, “blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism.” Initially, 27 individuals and organizations were identified as Specially Designated Global Terrorist (SDGT) entities under Executive Order 13224. By June 6, 2003, 282 individuals and organizations had been identified as SDGTs, and over $137 million in associated assets had been frozen worldwide. In July 2002, the second National Money Laundering Strategy issued by the U.S. Department of the Treasury pointedly addressed the issue of money laundering as “integral to the war on terrorism.” Specifically, the strategy (1) presented “government’s first plan to attack financing networks of terrorist entities” and (2) focused on “the use of charities and other non-governmental organizations to raise, collect, and distribute funds to terrorist groups.”

Penalties for Money Laundering Charges in Texas

Money laundering refers to the process of concealing financial transactions. Various laundering techniques can be employed by individuals, groups, officials and corporations. The goal of a money laundering operation is usually to hide either the source or the destination of money in connection with a criminal act.

Money laundering is a white collar crime that will be investigated by many different sources including: local, state and federal investigators that may also include the Department of Justice, the State Department, the Federal Bureau of Investigation (FBI), the Internal Revenue Service (IRS) and the Drug Enforcement Agency (DEA). A person can be charged with money laundering if suspected of receiving, concealing, possessing, transferring, transporting or having any interest in the proceeds of criminal activity. In fact a money laundering charge can be filed against a person that has almost anything at all to do with the proceeds of a criminal act. In Texas, money laundering charges have varied penalties depending on the amounts involved:

  1. Value from $3000 to $19,999 = third degree felony (2-10 years in prison plus a hefty fine if convicted)
  2. Value from $20,000 to $99,999 = second degree felony (2-20 years in prison plus a hefty fine if convicted)
  3. Value from $100,000 and up = first degree felony (5 to life years in prison plus a hefty fine if convicted)

There are several different types of money laundering charges you can face. Some are more serious than others and could result in severe punishments and steep fines. In fact, if you are convicted of money laundering, you could be forced to pay a fine up to twice the amount of the total dollar amount of funds involved in the illegal activity.

It is important that you contact Houston White Collar Crimes Lawyer Charles Johnson as soon as you are aware of charges against you or a loved one. If you are confronted with federal charges, you will want an experienced attorney who is familiar with federal court procedure as it is quite different from the state court process. Attorney Charles Johnson is well-versed in both federal and state law and court procedure. No matter what your money laundering charges or other white collar crime charges entail, you can trust that he will prepare a solid defense on your behalf.

Defenses for Money Laundering Charges in Texas

  • Absence of intent to commit a crime — Most crimes require intent to commit the crime.  In terms of money laundering, people who are accountants, bankers, or others who deal with large amounts of money are often charged with money laundering without even knowing they committed a crime.  If you can prove you were unaware the money obtained was illegal, then there is no way you can have intent to commit money laundering.
  • Duress — Duress occurs when a person truly believes there will be some danger or harm if they do not participate in the crime.  In money laundering, criminals often force accountants or bankers to launder illegally obtained money or else be subjected to harm.  If this is the case, you will have a good duress defense (as the banker or accountant).
  • Insufficient evidence — A criminal charge can be dismissed if there is insufficient evidence to prosecute.  In money laundering, an intention to prevent illegally obtained funds from being traced to its origin is required for a conviction. A conviction also requires proving the money laundered came from a specific illegal activity.  If one of these two things is missing, then there is a possibility this defense will work.

The main defense to Money Laundering is the defendant’s lack of knowledge that the funds were from an unlawful activity. Attorney Charles Johnson may be able to establish that you did not intend to promote unlawful activity or that the transaction was not designed to conceal the unlawful activity. This is usually a valid defense when a person is merely an employee of a business, or a non-involved partner who is basically “duped” into managing a business whose proceeds are the result of an illegal activity. This defense can be supported with evidence from the company’s financial statements or accounting records showing material misrepresentation or omissions, committed by someone else other than the defendant. Many times one devious business partner will ask another partner to “sign off” on certain loan documents or tax returns without telling the defendant that the information contained therein is false misleading. Just because a defendant has signed off on paperwork that might be designed to cover up the source of money or funds does not mean the defendant actually knew about the source of the funds. It is important to interview all of the parties involved to ascertain the defendant’s good character and honesty and lack of control over this area of the company’s finances, and to emphasize the partner’s bad character. Another defense is tracing the funds involved in the transactions and proving that these specific funds did not fund, nor were the proceeds of, any unlawful activity. The defenses for Money Laundering are quite complex (as are all white collar cases) and involve many hours of records research by attorneys and expert witnesses. It is often beneficial to utilize a “forensic accountant” to also go through the documents in order to defend against the Government’s allegations.

Hire the Best Houston White Collar Crimes Attorney Additionally, because the Charles Johnson Law Firm fights conviction from all angles, they will assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those is the “denial of right to Counsel”. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what else you have been charged with, this could include exposing flawed procedures regarding fingerprints analysis; computer analysis/cloning hard drive procedures; GPS tracking monitors; forensic financial accounting reviews; etc.. Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled Money Laundering lawyer to defend you who has knowledge of all the possible defenses to assert in your case. While related charges can further complicate a money laundering defense or other type of case, it is important to remember that just because you have been accused, doesn’t mean you are guilty. Contact Houston White Collar Crimes Lawyer Charles Johnson immediately for your free phone consultation. Attorney Johnson will take your call 24/7 365 days/year at (713) 222-7577 to discuss your case. Put his knowledge to work for you.

Hire the Best Houston Money Laundering Lawyer: Houston White Collar Crimes Lawyer Charles Johnson

At the Charles Johnson Law Firm, our attorneys possess the necessary skills and knowledge to successfully defend individuals facing federal money laundering charges. Unless you retain counsel who will aggressively investigate the matter on your behalf, you may have a poor chance of avoiding a lengthy prison term among other severe consequences. Money laundering is a serious offense with potential long-term consequences including jail time.When your future is at stake, contact the Leading Houston Criminal Lawyer at the Charles Johnson Law Firm.  You can reach Attorney Johnson directly anytime night or day at (713) 222-7577.

 

Facing a Money Laundering Investigation? Hire the Leading Houston White Collar Crimes Lawyer

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False Allegations of Sexual Assault of a Minor: Guilty Until Proven Innocent by Houston Sex Crimes Lawyer Charles Johnson

Charles Johnson: Best Houston Criminal Defense Attorney

Texas takes cases of sexual assault against a child very seriously. If the state can prove that an act involving a child was for the perpetrator’s sexual gratification, it is considered a sex crime. If there was physical contact involving sexual penetration or intrusion between the child and the accused, a sexual assault charge is likely.

Sexual allegations where children are involved are delicate and complicated cases to defend. This type of sexual accusation can be devastating in every aspect of your life. The presumption of innocence in our legal system may do little to protect those accused. Indecency with a child, like other sexual allegations, is one area where accused people often find they are put in a position where they have to prove their innocence. You cannot allow embarrassment to keep you from getting a skilled criminal defense attorney on your indecency case IMMEDIATELY. Every minute you wait, there is potentially more damage being done to your life and potentially more false evidence being collected to prosecute you. Early on in a sex related case investigation and legal protection is imperative. Charles Johnson, Houston Sex Crimes Lawyer, will handle your case with discretion and skill. He will fight to keep you out of jail, keep your reputation intact, and fight to keep your life from falling apart.

It is well established and understood by experts that many accusations of indecency with a child and sexual assault of a child are false. Many are grossly exaggerated. The reasons giving rise to false accusations of such conduct are varied. A child can imagine or dream such an incident. Perhaps the child was abused by another previously and misinterpreted and then exaggerated innocent incidental contact. Children have been known to fabricate such accusations because they were angry at the accused or were jealous, even for the most trivial reasons. Children can be led to make such claims by another angry or jealous adult, such as the accused’s spouse or lover. They are too young to comprehend how grave such a false accusation can be.

Under Texas law, a sexual encounter with a child or sexual contact with a child is either Indecency with a Child, Sexual Assault of a Child, or Aggravated Sexual Assault of a Child, depending on the nature of the incident or contact.

Indecency with a Child. Allegations of certain types of sexual contact with a child, exposure to a child or causing the exposure of a child, who is under the age of 17, can lead to charges of Indecency with a Child. Such an offense may be a second or third degree felony. A defense may exist where, in such an incident, no duress, force or threat was used and the accused was not more than three years older than the child at the time.

Sexual Assault of a Child. If more violative and egregious contact is alleged, the accused may be charged with Sexual Assault of a Child, also a second degree felony. Again, a defense may exist where, in such an incident, no duress, force or threat was used and the accused was not more than three years older than the child at the time.

Aggravated Sexual Assault of a Child. Sexual Assault of a Child becomes “aggravated” (first degree felony) when force or threat of force is used or when the child is younger than 14 years of age, regardless of consensual behavior. This latter is also commonly known as “statutory rape”. No child under the age of 14 can consent to such conduct. Mistaken understanding about the child’s age is no defense.

The consequences of a conviction in such matters are extreme. Even if prison time is avoided, an adult’s conviction results in the requirement to register as a sex offender for the rest of one’s life, and to have one’s photograph and address flashed on the computer screen of anyone in the world who decides to access the state’s sex offender registry site.

Indecency with a Child

The commonly phrased crime of child molestation is titled Indecency with a Child in Texas. There are two types of indecency: Indecency with a Child by Contact and Indecency with a Child by Exposure (similar to Indecent Exposure but a child is present). Both are serious felonies. Both require registration as a sex offender upon conviction.

Indecency with a Child by Contact is the more serious offense. The Texas statute does not distinguish between touching under the clothes or touching over clothes ñ any sexual contact is punished as a second degree felony. A person commits the offense of Indecency with a Child by Contact 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 engages in sexual contact with the child or causes the child to engage in sexual contact.

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.

Indecency with a Child by Exposure is a third degree felony. A person commits the offense if with intent to arouse or gratify the sexual desire of any person he:

(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.

The two crimes are often charged in conjunction as separate paragraphs of an indictment. Double jeopardy concerns are raised when the same act is used to prosecute a person for two different crimes. In a prosecution alleging Aggravated Sexual Assault, the acts constituting the assault may also constitute separate crimes of Indecency with a Child by Contact and Indecency with a Child by Exposure. In a prosecution for Indecency with a Child by Contact involving a child touching the genitals of an adult, the crime of Indecency by Exposure would logically also have to have been committed.

Why do these details matter?

Because the rules of evidence concerning extraneous offenses, double jeopardy, the right to election, and jury unanimity are incredibly important protections for innocent people falsely accused of child sex abuse. A three count indictment is more powerful psychologically than a single allegation. Even if all three counts reference the same incident, the news media, the general public, and potential jurors are given a false impression that there was more than one incident. Second, it bolsters prosecution based upon fear rather than proof. Since most people belief “where there’s smoke, there’s fire,” a juror may still convict an innocent person of a lesser charge because while they don’t believe the accused committed the most serious act alleged, he is probably guilty of something. Alleging indecency with a child by contact and indecency with a child by exposure provide two other bites at the apple. Finally, the fundamental nature of the criminal justice system is that the greater offense subsumes the lesser. If a person is accused of murder, the State does not also try to indict him for assault and aggravated assault en route to the completed homicide. When the appellate courts allow the trial courts to aggrandize the number of offenses, it creates inconsistencies in the system.

The fundamental principle of the Constitution is that it shouldn’t matter what youre charged with ñ you have the right to a fair trial. Because of political popularity of getting tough on sex offenses, the centuries of due process and presumption of innocence is being sacrificed for cheap political gain. While this damages the credibility of our justice system in general, it is most harmful to innocent people who are falsely accused. Now that the legislature and appellate courts have rewritten the rules to make it easier to convict a group of people charged with a heinous act, pray that you are never wrongfully accused of a sex crime in Texas.

Aggravated Sexual Assault of a Child

Under most of the State laws, aggravated sexual assault against a child is clubbed with the section defining aggravated sexual assault. There are state specific laws on the subject which varies from state to state.

In Texas a person commits the offense of aggravated sexual assault against a child if he or she intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of a child younger than 14 years of age by any means;

(ii) causes the penetration of the mouth of a child younger than 14 years of age by the sexual organ of the actor;

(iii) causes the sexual organ of a child younger than 14 years of age to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(iv) causes the anus of a child younger than 14 years of age to contact the mouth, anus, or sexual organ of another person, including the actor; or

(v) causes the mouth of a child younger than 14 years of age to contact the anus or sexual organ of another person, including the actor;

A person can still be prosecuted for aggravated sexual assault of a child if the actor:

1. causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

2. by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

3. by acts or words occurring in the presence of the victim threatens to cause the death, serious bodily injury, or kidnapping of any person;

4. uses or exhibits a deadly weapon in the course of the same criminal episode;

5. acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or

6. administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense.

The minimum term of imprisonment for aggravated sexual assault against a child is 25 years if the victim of the offense is younger than six years of age at the time the offense is committed; or the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).

The law as it appears in the statute

Tex. Penal Code ß 22.021. Aggravated Sexual Assault

(a) A person commits an offense:

(1) if the person:

(A) intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;

(ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or

(iii) causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(B) intentionally or knowingly:

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

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

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

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

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

(2) if:

(A) the person:

(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

(ii) by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

(iii) by acts or words occurring in the presence of the victim threatens to cause the death, serious bodily injury, or kidnapping of any person;

(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;

(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or

(vi) administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;

(B) the victim is younger than 14 years of age; or

(C) the victim is an elderly individual or a disabled individual.

(b) In this section:

(1) “Child” has the meaning assigned by Section 22.011(c).

(2) “Elderly individual” and “disabled individual” have the meanings assigned by Section 22.04(c).

(c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b).

(d) The defense provided by Section 22.011(d) applies to this section.

(e) An offense under this section is a felony of the first degree.

(f) The minimum term of imprisonment for an offense under this section is increased to 25 years if:

(1) the victim of the offense is younger than six years of age at the time the offense is committed; or

(2) the victim of the offense is younger than 14 years of age at the time the offense is committed and the actor commits the offense in a manner described by Subsection (a)(2)(A).

What makes a Sexual Assault of a Child Charge “Aggravated?”

The offense of Sexual Assault of a Child is defined by Texas Penal Code Sec. 22.011. Basically, the offense involves sexual activity with a person under 17 years of age. Sexual Assault of a Child is Aggravated if the child is under 14 years of age, if a deadly weapon is used or serious bodily injury is threatened. Sexual Assault of a Child is, in most cases, a Second Degree Felony. (2-20 years.) Aggravated Sexual Assault of a Child is a First Degree Felony. (5 to 99 years or life.) If the child was younger than 6 if the child was under six at the time of the offense or there was violence or a threat of violence involved.

What is Indecency with a Child?

Indecency with a Child is defined by Texas Penal Code Sec. 21.11 as either engaging in sexual contact with a child or exposure of one’s anus or genitals to a child under 17 or causing the child to expose his or her anus or genitals to the actor with the intent to arouse or gratify someone sexually. Sexual contact is basically touching of the genitals with intent to arouse or gratify someone sexually. Note that some forms of genital contact may be Sexual Assault of a Child. Indecency with a Child by Contact in most circumstances is a Second Degree Felony. (2 to 20 years.) Indecency with a Child by Exposure is a Third Degree Felony. (2 to 10 years.)

Does the Age of the Accused Matter?

It is an affirmative defense to Indecency with a Child and Sexual Assault of a Child that the actor was not more than three years older than the child, and did not have a prior conviction for certain sexual offenses, and the child was older than 14 and was not related to the actor.

What Should I do if I am Contacted by the Police to Speak to them About an Allegation Against You of Child Sexual Abuse?

The first thing to do is to get a skilled criminal defense lawyer as soon as possible. We see may individuals that have placed themselves at a serious disadvantage by speaking with police investigators without the assistance of counsel. Most people have no idea how coercive police interrogations are. Many individuals come away from an intensive interrogation having said things that were not true. If you are contacted by the police to discuss an allegation of child sexual abuse (or any other type of allegation) you should immediately contact Houston Criminal Lawyer Charles Johnson. You and Attorney Johnson can make a decision about whether you should speak to the police at all. If your lawyer advises you to speak to the police, he can be with you to make sure that the questioning is fairly conducted.

How Can I Defend Myself Against a False Accusation of Child Sexual Abuse?

Houston Sexual Assault Lawyer Charles Johnson will investigate your case factually and prepare a defense. It is important to determine why the child has made the accusation. Was the child influenced by an adult? Did the allegations result from improper questioning of the child by authorities? Experts may be added to the defense team to explain to the jury circumstances that could lead to false accusations.

Does Possession of Child Pornography Violate Both State and Federal Law?

Yes. Possession of Child Pornography is prohibited by both Texas law and federal law. Child pornography cases are investigated by local law enforcement, The Texas Office of the Attorney General, the Federal Bureau of Investigation, Immigration and Customs Enforcement, United States Postal Inspectors and other agencies depending on how the images were discovered. Sometimes state law enforcement officials will begin an investigation but refer the case to the United States Attorney’s Office for prosecution in federal court.

How Can I Defend Myself Against an Accusation of Possession of Child Pornography?

In the age of the Internet, the vast majority of child pornography cases involve digital images found on computer hard drives. The defense lawyer’s first focus is on whether the discovery of the alleged illegal images was in violation of the constitutional rights of the accused. Also, the evidence must show that the accused knew that the images were on the computer hard drive. Examination of the computer’s drive by a forensic expert can sometimes uncover information about who may have place the images on the drive or whether they were intentionally placed there. Further, sometimes the evidence in the case does not prove that the images were of actual children rather than computer generated or altered images. Again, trained experts are needed to make this determination.

Laws in Texas Regarding Sexual Assault of a Child

Child sexual assault is a serious criminal offense in Texas.

Any kind of sexual conduct that harms children, whether physically, emotionally or both, is strictly prohibited in Texas. This includes sexual assault on a child, which is considered particularly heinous in the state. Consequently, engaging in these acts or failing to report this kind of abuse is a serious criminal offense, punishable to the full extent of the law.

Outlawed Acts

Texas Family Code Chapter 261 outlaws any sexual conduct directed at or involving minors as well as failure to report these acts. This 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,” according to the website of the Texas Attorney General. Violators are prosecuted to the same extent whether or not children consent to these acts.

Criminal Penalties

Sexual assault and child sex abuse carries severe penalties. Typically, Texas law classifies these offenses as felonies. Additionally, there are specific categories of felonies that different sexual violations fall into in Texas. As of 2010 and according to Texas Penal Code, indecent exposure to a child is a third-degree felony, punishable by 2-10 years in prison and up to $10,000 in fines, while aggravated sexual assault on a child is a first-degree felony punishable by up to 99 years in prison and a fine of up to $10,000. (See References 2 and 4)

Offender Registration

Persons convicted of child sexual assault are required to register with law enforcement officials in Texas. Names and information regarding these convicted sexual offenders are then placed in an online database. This database is considered public record, and any member of the community may view it.

Longer Prison Terms

A series of laws known as Ashley’s Laws were enacted by the Texas legislature in late 1990s to increase penalties for those convicted of child sexual assault. Under these laws, offenders are required to serve at least 50 percent of a prison sentence before being granted parole, though they typically end up serving 80 percent of a sentence.

Harsher Penalties

Also in accordance with Ashley’s Laws, those convicted of child sexual assault in Texas who have been proven to be repeat offenders may face harsher penalties for continued sexual offenses. For example, a repeat child sexual abuser convicted of a second-degree felony may be sentenced with the same penalties as a first-degree felony under these laws. Additionally, a “two-strikes” provision was added to Texas state law for child sex offenders. Normally, a person convicted of three felonies in Texas is automatically sentenced to life in prison. This provision allows for an automatic life sentence for only two felony convictions of child sexual assault.

Mandatory Treatment

Finally, Ashley’s Laws also make it a legal requirement for convicted child sex offenders to undergo treatment in Texas. Because many traditional forms of treatment have proven ineffective in reducing child sexual abuse recidivism rates, some alternative treatments may be used, including certain behavioral modification programs. Additionally, tests may be administered to monitor progress, including the “plethysmograph” test, which monitors sexual arousal when presented with certain materials.

Sexual Assault of a Child: Hire the Best Houston Criminal Defense Attorney Charles Johnson

  • In Texas, for purposes of the Sexual Assault of a Child and Indecency with a Child crimes, a child does not become an adult until age 17. For other sexual-related offenses, including Possession of Child Pornography and Sexual Performance of a Child, the age of an adult is 18 years.
  • In Texas, it is not a defense that the accused did not know the child’s real age. So, the alleged victim could have lied about her age to the accused and the accused will still face criminal charges.The alleged victim cannot legally consent to sexual relations unless the alleged victim is 14 years of age or older and there is only a 3 year or less difference between the ages of the alleged victim and the accused.
  • In Texas, only one eye-witness, the alleged victim, is sufficient for conviction, so long as the jury believes the alleged victim beyond a reasonable doubt.
  • In Texas, neither genital trauma nor DNA evidence is required for a conviction.
  • In Texas, voluntary intoxication is not a defense. So, if the accused goes to a party, gets drunk and sleeps with an underage girl, he cannot use his intoxication as a defense to the crime of Sexual Assault of a Child.
  • In Texas, each separate sexual act can be separately charged within one indictment and, if there is a conviction, each Count can be stacked or served consecutively.

With these types of sexual offenses, there are many other legal issues involved. If a person is charged with sexual assault of a child, possession of child pornography or any type of sex offense, it is important to retain a criminal defense attorney who is experienced defending Texas sex offenses.

If you or a loved one has been charged with the sexual assault of a child, it is important that you contact an experience defense attorney immediately. The consequences for the sexual assault of a child if convicted can be several years in prison and the requirement to register on the sex offender registry. It is never a good idea to represent yourself in court. In a case like this, it is especially important that you find an experienced defense lawyer right away. Even if you have not been charged yet, it would be helpful for you to contact us via phone, anytime night or day, for a free consultation. The defense attorneys at the Charles Johnson Law Firm have had extraordinary success in defending serious cases such as the sexual assault of a child as well as other sex crimes. There are different levels of charges as well as different penalties for charges of sexual assault of a child. During consultation we can explain to you the details of what is possible in your specific case once you provide us with details regarding the matter. Contact Houston Sex Crimes Lawyer Charles Johnson directly at (713) 222-7577 today for a free of charge consultation.


False Allegations of Sexual Assault of a Minor: Guilty Until Proven Innocent by Houston Sex Crimes Lawyer Charles Johnson

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The Consequences of An Allegation of Embezzlement: Hire the Right Houston White Collar Crimes Attorney

Hire the Best Houston Embezzlement Attorney

Embezzlement or Misappropriation of Funds Can Be a Serious Crime in Texas Federal Courts. Embezzlement is considered a white collar crime in the state of Texas and is almost always charged as a felony. Punishment can be severe depending on what was done and how the funds were misappropriated. The criminal could face fines in the million of dollars and many months in prison. If you’re being charged with Embezzlement, you will need an experienced criminal defense lawyer on your side. Contact Houston Embezzlement Lawyer Charles Johnson to speak with an experienced legal professional about what you can do to protect your name and reputation. Attorney Johnson will travel to any state court in the State of Texas and to any Federal Court in the United States of America to fight for your freedom. Contact him directly around the clock, 7 days/week at (713) 222-7577.

Embezzlement Defined

The Federal Bureau of Investigation (FBI) defines embezzlement as the “misappropriation or misapplication of money or property entrusted to one’s care, custody, or control.” What distinguishes embezzlement from other types of theft is the violation of financial trust between the owner of the money or property and the offender.

Theft by employees is one of the most prevalent and costly problems faced by today’s business, either private or public. It includes, but is not limited to, “the removal of products, supplies, materials, funds, data, information, or intellectual property.” The estimated annual costs of all forms of embezzlement are up to $400 billion.

The ways that an employee can steal from an organization depend on a number of factors, including that type of money or properties that have been entrusted to the individual, and the access to company funds that the individual might be allowed because of their position. For example, a department store cashier might steal from a cash register, fail to ring up purchases, or take merchandise from storage rooms or receiving areas. Other employees with more access within the company might cheat on expense accounts, or misappropriate funds through billing, inventory, or payroll schemes.

While some research has found that theft by employees is typically a solitary event, the influence of co-workers on theft behavior has been shown to have an enormous impact on such deviant behavior. A strong argument is also made for the effects of informal sanctions; those that did not comply with the theft culture were often ostracized and pressured to leave the job.

The “typical” embezzlement scheme occurs at companies with fewer than 100 employees. The average amount stolen is $120,000 versus just $10,000 for Fortune 500 companies. Small businesses, defined as employers with less than three bookkeepers, are 100 times more likely to experience employee fraud than larger companies. The crime is often carried out over a number of years and has forced many small companies into bankruptcy.

Common Embezzlement Schemes

Bogus loan schemes include cases in which fraudulent loans are created or authorized by the perpetrator from which funds are taken for their own benefit.

Credit card/account fraud cases involve the fraudulent or unauthorized creation and/or use of company credit card or credit accounts.

Forged/unauthorized checks cases are those in which company checks are forged or issued without authorization for the benefit of the perpetrator.

Fraudulent reimbursement schemes include expense report fraud and other cases in which a bogus submission for reimbursement is made by the perpetrator.

Inventory/equipment theft schemes include employee theft of inventory and supplies, and the unauthorized use of equipment.

Payroll shenanigans cases include all forms of manipulation of the payroll systems in order for the perpetrator to draw additional income.

Theft from tax or benefit accounts include cases in which the perpetrator manipulates company accounts meant to pay corporate taxes or employee benefits to siphon these funds off for themselves.

Theft/conversion of cash receipts cases involve the simple taking of cash or checks meant for company receipts and pocketing or converting them for one’s own benefit.

Unauthorized electronic funds transfers cases apply to anyone who uses or attempts or conspires to use any counterfeit, fictitious, altered, forged, lost, stolen or fraudulently obtained debt instrument to obtain anything of value.

Vendor fraud schemes include those where either a bogus vendor is created by the perpetrator to misappropriate monies or a real vendor colludes with the perpetrator to siphon funds from the company.

Clearly the most common form of embezzlement, by nearly a two-to-one margin, is the forgery or unauthorized use of company checks for one’s own benefit. Almost 40 percent of all major embezzlement cases are principally the result of this type of scheme. The next three most common forms of embezzlement are theft/conversion of cash receipts (20.5%), unauthorized electronic transfers of funds (13.4%) and payroll shenanigans (8.7%).

Examples of Embezzlement Schemes

  • The bookkeeper pays him/herself – The bookkeeper simply takes a business check, makes it payable to him/herself and signs it.
  • Duplicate payments to phony accounts – The bookkeeper pays an invoice with multiple checks over time and creates a phony bank account to deposit the second check. By the way, it is very easy to open a phony account.
  • Check alteration – The bookkeeper either alters checks paid to you by customers, or creates a phony bank account to deposit checks.
  • Double billing – The bookkeeper re-bills customer twice for the same work and deposits check in a phony account. It is surprising how often businesses will pay twice for the same invoice.
  • Duplicate checks – The bookkeeper orders a duplicate set of checks mimicking your account and then proceeds to write duplicate checks to vendors – only the duplicate checks are deposited into the phony account. The business owner may be too busy to notice this deception.
  • Credit card transactions – An employee makes a credit card sale, then issues a credit for that item back on to their own credit card.
  • Petty cash expenditures – A business does not closely review the petty cash expenditures, unknowingly creating an opportunity for theft.

FBI – Financial Crimes

The Federal Bureau of Investigation (FBI) investigates matters relating to fraud, theft, or embezzlement occurring within or against the national and international financial community. These crimes are characterized by deceit, concealment, or violation of trust, and are not dependent upon the application or threat of physical force or violence. Such acts are committed by individuals and organizations to obtain personal or business advantage.

Theft, Embezzlement or Misapplication by Bank Officers or Employees

Title 18, Chapter 31 of the U.S. Code contains sections that deal with the various forms of embezzlement and their penalties. For example, Section 656 covers theft, embezzlement, or misapplication by a bank officer or employee.

Motivating Factors for Embezzlement

While a large number of crimes can be attributed to opportunity or the economic need of the offender, loss incurred through the actions of employees can also be a response to poor working conditions, dissatisfaction with management or compensation, or pressure from co-workers. The following are some of the primary motivating factors for Embezzlement:

  • Entitlement belief
  • Financial need
  • Lavish lifestyle
  • Gambling issue
  • Shopping addiction
  • Substance abuse
  • Support a personal business
  • Support significant other

In the overwhelming number of cases, excessive greed or the desire to live a relatively more lavish lifestyle appears to be the key motivating factor for major embezzlers – not to alleviate personal financial problems, as some might expect. Gambling continues to be a factor for many embezzlers. In some cases, the gambling problem was also part of an overall extravagant lifestyle.

The underlying question remains, however, why do these embezzlers steal so much over such a long period of time from employers who trusted them so implicitly? The classic fraud triangle theory holds that there generally must be three basic elements to exist for fraud to occur: opportunity, incentive/pressure and attitude/rationalization. For embezzlement, the opportunity factor is present in organizations in which business controls are weak and specific individuals, principally those with fiduciary duties, can exploit those weaknesses. For fraud in general, the incentive/pressure factor is often suggested to be financial woes. However, for embezzlers, other factors exist, such as a substance abuse problem, a gambling problem, a perceived need to support a loved one and, a desire to live an extravagant lifestyle or a desire to support a personal or family-owned business.

Rationalization is the most elusive segment of the fraud triangle. Researchers have suggested that one or more of the following attitudes or beliefs exist for embezzlers to engage in illicit activities:

  • They believe they are entitled to the money;
  • They believe they must save a family member or loved one who is perceived to be in dire circumstances;
  • They believe they are in a desperate financial situation and all could be lost;
  • They believe that no external or other help exists;
  • They believe they are only “borrowing” the money;
  • They do not understand the consequences of their actions; and,
  • They do not believe or understand that what they are doing is wrong.

Costs and Statistics

While many think of the workplace as insulated from the questionable behavior found elsewhere in society, the statistics can be quite alarming. It is estimated that losses due to employee theft can range from $20 to $90 billion annually to upwards of $240 billion a year when accounting for losses due to intellectual property theft. This makes theft by employees two to three times more costly than all of the nation’s Type I index crimes combined, and accounts for approximately 30 to 50 percent of all business failures. In addition, it is estimated that as many as three-quarters of all employees steal from their employers at least once and some employees may engage in theft behavior as a regular part of their lives on the job.

Employee theft does not occur in a vacuum, but is often found in conjunction with high rates of other workplace deviant behavior. The financial impacts of such behavior, when coupled with the indirect costs of higher levels of stress, increased absenteeism, higher turnover, raised insurance premiums, an increased number of lawsuits, and lower morale, make workplace deviance a problem for businesses of all sizes that can reach an annual price tag hovering in the billions of dollars.

How has the widespread infusion of technology into the workplace impacted issues of embezzlement and employee theft? One result has been the dramatic increase in costs associated with a given offense. Not only can technology facilitate larger transactions that are illegal in nature, but when coupled with poor controls it can be manipulated to make detection much more difficult. Furthermore, the types of theft in the workplace appear to be changing. In addition to cash, materials, and merchandise, employees are increasingly finding value in company-owned software and intellectual property. In 2004, it is estimated that Fortune 1,000 companies sustained losses of more than $59 billion from theft of proprietary information, with insiders to the organization being seen as a higher than average threat.18 Borrowing software from work for personal use accounts for some of the $33 billion lost to software piracy worldwide.

The Response/Current Efforts

Traditionally, organizations did not want the public stigma of being known as an “easy target” or a company that harbored embezzlers and other types of dishonest employees. Most matters were handled internally, if they were handled at all. Some organizations viewed theft as a cost of doing business. In recent years, companies have stepped forward and begun to address the reality that they have dishonest employees who are causing significant economic losses. Studies have shown that there has been an increase in the use of deterrence and apprehension strategies and an increase in the severity of sanctions brought against someone accused of theft. In 1997, retail companies alone spent over $5 billion to combat inventory losses, with theft by employees seen as accounting for the largest share of those losses. These expenditures in formal social control can be seen in both investments in security technology and loss prevention personnel. Additionally, over 40 percent of employees caught stealing is referred for prosecution and 20 percent is required to make some form of restitution.28 So while the problem of employee theft still exists within organizations, some employers have taken important steps towards acknowledging and combating the problem.

Penalties for Embezzlement

Under Texas law, Embezzlement falls under the law criminalizing theft. Embezzlement is essentially financial theft by an employee. It can be considered white collar crime in some instances but it does not have to be only a white collar offense. It occurs when the defendant is entrusted with his or her employer’s money or goods and then steals those money or goods.

In a criminal case involving employee embezzlement, the state must show beyond reasonable doubt that the employee had possession of the assets by “virtue of his/her employment”. If their position did not provide them with control of the missing assets, they would not be able to be charged with this type of crime. There are many situations where it can be a difficult task to determine if the offense can be classified as embezzlement or larceny.

Texas offers a wide variety of penalties for the crime of Embezzlement. The factor that determines the severity of the punishment if convicted on a charge of Embezzlement is the amount or value of the goods, services or cash stolen. For the smallest amounts ($50 and under), the charge will be a “Class C” misdemeanor carrying a penalty of a simple fine of up $500. The most serious charge will be for stealing $200,000 or more in goods, services or cash. This is considered a first degree felony and can be punishable by five to ninety-nine years in prison and/or a fine of up to $10,000.

White collar crimes may be charged as misdemeanors or as felonies. The charges depend on the type of crime, the severity of the crime, and the amount of money that is involved in the crime, among other things In general, the more severe a crime the more harsh the potential punishment if convicted. While white collar crimes don’t involve physical violence, they can still be serious. Houston White Collar Crimes Attorney Charles Johnson will help guide you through the legal process and will advocate for your rights every step of the way. If you are in jail, Attorney Johnson will assist in getting your bail reduced if possible so you can be released on bond until your trial date.

Defenses to Embezzlement Charges

When you are responsible for handling corporate finances and assets, errors may occur. A bookkeeping mistake or oversight could lead to an investigation. The minute you are notified of any potential allegations of embezzlement is the time to retain experienced legal counsel.

Embezzlement is a crime, so all the defenses available for other crimes can be used. Common defenses include:

Insufficient evidence – A criminal charge or case can be dismissed if there is insufficient evidence to prosecute. This defense will not work as long as a jury can find you guilty without a reasonable doubt. However, 40% of federal embezzlement cases are dropped because of insufficient evidence, so it can be worth pursuing.

Duress – Duress occurs when a person is situated where he/she truly believes they will be in some danger or harm if they do not participate in the crime. Common duress defenses in embezzlement cases that generally do not work include embezzling money to satisfy an addiction (drugs, alcohol, gambling) or to prevent family hardship. A duress defense will more likely work in cases where you would lose your job unless you participated in an embezzlement scheme.

Entrapment – Entrapment occurs when the government compels an innocent person to commit a crime they would have otherwise not committed. Stings are generally exempt. However, setting up “bait” to get you to commit embezzlement can be entrapment. When bringing an entrapment defense, the prosecution will usually contend you were inclined to commit the offense anyway.

Absence of intent to commit a crime – Most crimes require an intention to commit the crime. Embezzlement requires that you intended to take money or property from others. Without the required intent, the embezzlement charge may be dismissed. For example, maybe you thought you were the true owner of the money or property that you are accused of embezzling.

Insanity – Insanity is always a possible defense, but it is a “tough sell”in any court for any crime. This defense allows you to claim you were either insane at the time of the offense or during trial. The success rate of an insanity defense is low and it would most likely be ineffective in embezzlement cases.

Incapacity – This is different from insanity. In embezzlement cases, this defense may work only if you can show you were somehow mentally incapacitated at the time of committing the embezzlement. An example would be if you were under heavy medication and didn’t realize you deposited company money into your own account.

Intoxication – Voluntary intoxication is almost never a defense to a crime. If you drink voluntarily, you should realize the risks of doing so. This defense rarely comes up in embezzlement case.

Embezzlement charges can be quite complex. In many cases there may be many items that must be reviewed in order to determine the best defense. Some crimes may be a result of miscommunication or deception. It is important to get your story out. There are many ways that a defense attorney will be able to help you protect your rights. The goal of your attorney is to not only help you defend against the charges but to also help you guard your professional reputation. A conviction on these types of charges can be detrimental to your career so it is important to defend the charges as vigorously as possible. Houston Criminal Lawyer Charles Johnson will review all aspects of your case in depth to provide a complete defense of the charges.

If you have been charged with Embezzlement, you are probably facing stress at your home and workplace. Houston Lawyer Charles Johnson can help relieve that stress by ensuring that you are protected by the best Texas embezzlement lawyer available. If you want the best in knowledgeable legal representation & a criminal law firm that will treat your case with consideration and concern, please contact us 24/7 at (713) 222-7577 for a FREE confidential consultation. Your initial consultation can be done over the phone, and will be free and completely confidential. During this consultation you will be informed about the law, your rights and your legal options, with a reliable idea of how much an effective embezzlement defense may cost. Rest assured that The Charles Johnson Law Firm will zealously defend you against any type of White Collar Crime accusation.

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Arrested for Assault Family Violence? The Right Houston Criminal Lawyer Can Make A Difference In Your Case

Hire the Best Houston Assault Family Violence AttorneyAn 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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Arrested for Assault? Why You Need a Skilled Houston Criminal Lawyer When Accused of Assault Charges

Hire the Best Houston Criminal Attorney

If you have been charged with Assault in Houston, you may face serious jail time. When facing criminal charges it is crucial that you act quickly in retaining skilled legal representation to defend you. Your selection of attorneys is a critical choice; few criminal defense attorneys have the background and experience as the legal team at The Charles Johnson Law Firm. With extensive experience in all manner of Assault charges, your best interests are aggressively protected in court. Your case will be carefully analyzed to determine the strategy that will be employed to seek a better outcome for the client, no matter how serious the offense.

It does not take much for an altercation or argument to escalate and involve the police. Some people may believe that an Assault charge consists of a violent fight between two individuals but this is not always the case. In Texas, Assault can include an attempt to hurt someone physically. In some instances, prosecutors have decided that the slightest touch is enough to file assault charges. Additionally, the law does not require the alleged victim to sustain an actual injury.

Whether you are facing a first assault offense or are charged with a serious felony assault, your case will be carefully reviewed and analyzed to determine if any errors or violations of your rights have taken place during the arrest, through the chain of custody of evidence, in lab procedures or other aspect of the case that opens the door to a successful court challenge. It is vital that you do not engage in any discussions, questioning or interrogations without first contacting Houston Assault Lawyer Charles Johnson to protect you. Make the call immediately after your arrest. You can call Attorney Johnson anytime night or day and speak with him directly at (713) 222-7577.

Each assault case has individual circumstances and evidence, and some may consider there is little hope. In fact, we frequently discover viable options to defend the case in court and will vigorously defend our client. Our background in the criminal justice system results in a broad understanding of how the prosecutor in the case will proceed and the strategies for staying one step ahead of the moves they make. Your rights will be aggressively protected and our legal team will seek a “not guilty” verdict, dismissed charges, a reduced charge or alternative sentencing, depending on the exact circumstances of your case. Houston Criminal Lawyer Charles Johnson is here to protect you and to fight for you in court.

Assault Charges in Texas

There are several different types of assault charges including but not limited to:

  • Assault Causing Serious Bodily Injury
  • Assault On A Public Servant, Sexual Assault
  • Assault With A Deadly Weapon
  • Aggravated Assault
  • Sexual Assault
  • Assault Family Violence
  • Assault On A Child Or Elderly

Assault charges can range from Class C misdemeanors (e.g. assault by contact) to a 1st degree felony; all cases will vary based on the facts and criminal history of each defendant. On the lower end of the spectrum (Class C misdemeanor), the punishment may result in implementation of fines, attendance of anger-management or marriage counseling classes, or deferred adjudication. Higher level misdemeanors could result in jail time or probation. Felony cases may result in probation or prison time. Depending on your criminal history and the actual charge, you may be eligible for special programs like the Pre-Trial Intervention Program that could result in a dismissal of your case.

Sexual Assault

Like many states, Texas has reconceptualized rape as an assaultive or violent offense rather than a sexual offense.  Like these other states, Texas no long utilizes the term “rape” in its Penal Code.  Both types of “rape”, forcible and statutory ,are found in TPC sec. 22.01.  and are forms of “Sexual Assault.” These are in ch. 22 “Assaultive Offenses” rather than ch. 21 “Sexual Offenses.”

Both are first degree felonies if the offender and victim are closely related.  Otherwise the offenses are  second degree felonies. First degree felonies are punishable by imprisonment for life or for any term of not more than 99 years nor less than 5 years.  In addition, punishment can include a fine of not more than $10,000.  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.

Sexual Assault (non-consensual)

The offense that formerly would have been called forcible rape is now found in 22.011 (a) of the TPC. 

§ 22.011. SEXUAL ASSAULT.  (a) A person commits an offense if the person:

(1)  intentionally or knowingly:

(A)  causes the penetration of the anus or sexual organ of another person by any    means, without that person’s consent;

(B)  causes the penetration of the mouth of

another person by the sexual organ of the actor, without that

person’s consent;  or

(C)  causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

Note that unlike the common law definition of rape, this statute is gender-neutral, includes sex acts in addition to vaginal intercourse, and has no exemption for rape of a spouse.

Without consent is defined in subsec. (b) in 11 different ways:

A sexual assault under Subsection (a)(1) is without the

consent of the other person if:

(1)  the actor compels the other person to submit or participate by the use of physical force or violence;

This is the classic forcible rape scenario.  Prior law required the victim to resist and the force had to be such as would overcome “such earnest resistance as might be reasonably expected under the circumstances.”  There is no requirement of any resistance in the current statute.

(2)  the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the

present ability to execute the threat;

(3)  the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;

(4)  the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;

(5)  the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;

Drugging the victim is covered in (6) below and, at first glance, it might appear that subsec. 5 is not possible.  This portion of the statute is aimed primarily at physicians who exceed the scope of a proper gynecological examination, and the victim is not aware of what is really going on.

(6)  the actor has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge;

(7)  the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability

to execute the threat;

The final four subsections deal with the situation where a person has control or unusual influence over the victim and takes advantage of that relationship:

(8)  the actor is a public servant who coerces the other person to submit or participate;

(9)  the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by

exploiting the other person’s emotional dependency on the actor;

(10)  the actor is a clergyman who causes the other person to submit or participate by exploiting the other person’s emotional dependency on the clergyman in the clergyman’s professional character as spiritual adviser;  or

(11)  the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2,

Family Code.

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.

Aggravated Sexual Assault

If a sexual assault under sec. 22.011 involves any of the following acts by the offender, the offense is Aggravated Sexual Assault (sec. 22.021 (2):

(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

(ii) by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

(iii) by acts or words occurring in the presence of the victim threatens to cause the death, serious bodily injury, or kidnapping of any person;

(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;

(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or

(vi) administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine [so-called “date rape drugs”] to the victim of the offense with the intent of facilitating the commission of the offense;

It is also an aggravated sexual Assault if the victim is under 14 or an elderly or disabled individual.  Aggravated Sexual Assault is a felony of the first degree.

Assault Family Violence

Houston Criminal Lawyer Charles Johnson handles a large number of Assault Family Violence cases, both misdemeanors and felonies. These types of cases typically involve family members but may also include former spouses, domestic partners, roommates, and present/former boyfriends/girlfriends.

Frequently, assault family violence cases involve police officers responding to a call about a disturbance. The police will likely talk to both parties and make an arrest based on whose story they believe or what the evidence indicates. Unfortunately, sometimes, the person arrested is actually the victim and not the aggressor. Other times, a mere accusation of violence may be enough for a criminal case to be filed. Sometimes, penalties for assault family violence may be harsher than normal assault cases and may result in temporary or permanent loss of parental rights.

Unfortunately, having an assault family violence conviction on your record can be used to deny child custody and limit your visitation rights if you are undergoing a divorce or other child custody hearings.

Affidavits of Non-Prosecution

Unlike in TV shows and movies, an assault case cannot be dropped in Texas simply because the victim requests that the charges be dropped. Instead, the right to drop the case belongs to the prosecutor and judge. However, not all hope is lost. Frequently, criminal defense attorneys help the victims in assault cases prepare Affidavits of Non-Prosecution, which express the victims wish that the case be dismissed and may shed some light on the altercation or argument that led to the arrest and filing of charges. While these affidavits can’t guarantee that a case is dismissed, they certainly help in persuading the prosecutor to dismiss the case or reduce the charges.

Protective Orders and Court Ordered Injunctions

In some cases of assault, the prosecutor will request that a court impose temporary protective orders or an injunction to place restrictions on contact between the accused and the victim, or in the case of assault family violence on the other family members. Protective orders may vary, ranging from no contact with the alleged victim, which frequently results in the accused having to find another place to live until the case is resolved or the protective order lifted, or could result in a temporary loss of child custody. A violation of a Court Ordered Protective order is also a serious criminal matter and may result in additional criminal charges filed against the accused.

Aggravated Assault & Assault with a Deadly Weapon

Aggravated assault consists of two different charges: aggravated assault causing serious bodily injury and assault with a deadly weapon, both of which are typically second degree felonies. An aggravated assault causing serious bodily injury occurs when during the course of an assault the victim was seriously injured. It is escalated from a mere slap to the face to a more severe resulting injury. Assault with deadly weapon occurs when the accused is alleged to have exhibited a deadly weapon during the commission of the assault. Deadly weapons can include but are not limited to: baseball bats, BB guns, bottles, clubs, drugs, firearms, knives, motor vehicles, nail guns, and even dustpans and hot water.

However, if you are accused of committing an aggravated assault against someone with whom you have a domestic relationship, or against a security guard, witness, police officer, or public official the charge may be elevated to a first degree felony. If you have any questions about what constitutes assault in Texas or have been charged with assault, feel free to visit us on Facebook and post a question, leave a comment or fill out a free case evaluation form with no obligation

List of Common Texas Assault Charges

• Assault

Sexual assault

• Aggravated assault

• Aggravated sexual assault

• Injury to a child, elderly individual, or disabled individual

• Abandoning or endangering child

• Deadly conduct

• Consent as defense to assaultive conduct

• Terroristic threat

• Aiding suicide

• Tampering with consumer product

• Leaving a child in a vehicle

• Harassment by persons in certain correctional facilities; harassment of public servant

• Applicability to certain conduct

Possible Defenses for Assault Charges

Despite what the police might say, being charged by the Police with an offense does not mean that you will be found guilty of that offense. It is also true to say that Police are human and do make mistakes. In some domestic violence cases they may be bound to take action against someone even though they would prefer not to and in other cases they may be biased or act illegally.

There are many reasons why you may be found not guilty by the court, some of which include:

  • The police don’t have enough evidence to prove that you committed the offense;
  • The police have acted illegally or improperly;
  • A witness may not attend court;
  • The Police have charged you with the wrong offense;
  • Where applicable the Police cannot prove that the injuries amount to actual or grievous bodily harm;
  • You are able to rely on a recognised defense.

Self Defense 

Self-defense claims are made when a defendant agrees that act of assault occurred, but it also that it was justified by the other person’s threatening actions. A jury must decide that the person accused of the crime acted reasonably. The questions which must be asked include:

  • Who was the aggressor?
  • Was the defendant’s belief that self-defense was necessary a reasonable one?
  • Did the defendant use only the force necessary to combat the aggressor?

Defense of Others 

Defense of Others claims are similar to self defense claims. When making such a claim, a defendant agrees that act occurred, but claims that it was justified by the other person’s threatening actions to a third person.

Again, to succeed, a jury must determine that the defendant acted reasonably under the circumstances.

Alibis 

An alibi defense is simply the argument that the defendant could not have committed the crime because that defendant was somewhere else.

Credibility 

One of the best and most common defenses is to challenge the credibility of witnesses including the police. A good attorney will examine all aspects of a witnesses statements, the inconsistencies and the omissions. Witness testimony may be undermined by prior inconsistent statements or rebuttal witnesses that tell a different story.

In any criminal case it is very important to preserve evidence before it gets cold. That means you should hire an experienced and aggressive attorney for your representation as soon as possible. If you do not, your rights could be impaired.

An investigation must be performed which would involve photographing the scene, examining critical evidence and interviewing potential witnesses while their memory is fresh. (A defendant cannot perform these functions by themselves since they may be viewed as tampering with a witness).

Accuser Motivation

Because sexual charges are often based on the word of the accuser, the motivations and background of the accuser are highly relevant to sex crimes defense. Proper investigation and use of psychological experts can uncover facts that can be helpful to your defense.

  • Lying about consensual sex. Some may make false charges of sexual assault or rape to cover up consensual sex in order to protect their own reputation from damage to hide casual sexual encounters from friends and family.
  • Child custody disputes. A parent may make false accusations of molestation or inappropriate sexual behavior against his or her spouse in order to gain an advantage in family court. Such false charges are a common tactic in divorce and custody cases.
  • Financial advantage. A sexual charge is an easy way for an accuser to extort money from a defendant. Celebrities are not the only targets of these schemes. An employee can easily bring such a charge against an employer. We have also seen extortion associated with extramarital affairs.

Suppression of Evidence

If photographs, computer files or other records were obtained from you, there are very strict search and seizure guidelines that the police must follow. Illegally obtained evidence cannot be used against you in court. In sex crimes cases, there are limited circumstances in which incriminating evidence can be suppressed. A motion to suppress is a Constitutional Right and an effective weapon in the hands of an experienced sex crimes defense attorney.

“Taint”

“Taint” can occur when children are subjected to biased and suggestive interviews. Parents, teachers, police and even therapists can ask leading questions such as “daddy touched you there, didn’t he?” Often, the adult conducting the interrogation is not consciously aware of the suggestive nature of the question. Young children, who are eager to please adults, often answer “yes” and even build false memories about events that did not actually occur.

Fighting a criminal case can be very complicated. Did you know that many cases are dismissed on technicalities? The Best Houston Assault Attorney must have knowledge of the court system and know the different personalities of Judges and Prosecutors.

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

Do not hesitate to contact Attorney Johnson if you or one of your loved ones could even possibly be facing any type of Assault charge. Don’t make the huge, regrettable mistake of acting without legal representation, the most foolish course of action when dealing with the criminal justice system.

It is important that you seek legal counsel if you have been arrested for Assault in Houston as soon as possible. Houston Lawyer Charles Johnson is an experienced and skilled lawyer who can help you protect your rights, investigate the evidence, and negotiate with the state to get the charges filed against you reduced or dismissed.

Acting promptly and aggressively is the key to protecting your freedom and ultimate well being. Houston Criminal Lawyer Charles Johnson is available by phone 24 hours a day at (713) 222-7577. He knows how important your case is, and wants to protect you from the very outset.

Why You Need a Skilled Houston Criminal Lawyer When Accused of Assault
by Charles Johnson

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Arrested for Assault? Why You Need a Skilled Houston Criminal Lawyer When Accused of Assault Charges

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Marijuana Cultivation Charges: The Best Houston Criminal Lawyer To Represent You

Best Houston Criminal Lawyer: Marijuana CultivationHave you been accused of operating a marijuana grow house? Grow houses have been popping up all over Texas and all over the nation. As a result, law enforcement has intensified investigations. They are reviewing electrical usage and water usage to determine if excessive amounts are being used — creating suspicion that the manufacture/cultivation of marijuana is being carried out on the premises. If you are under investigation or have been arrested and are facing drug manufacturing charges, you need experienced legal counsel on your side. Houston Criminal Lawyer Charles Johnson expertly defends clients who have been charged with marijuana-related crimes through the entire State of Texas, with offices in Houston, Austin, Dallas and San Antonio.

At the Charles Johnson Law Firm, we take marijuana charges seriously. We provide aggressive manufacture/cultivation defense representation to each client. Contact Attorney Johnson directly at (713) 222-7577 anytime night or day to discuss your case with an experienced criminal defense attorney.

Marijuana Cultivation: Defense Lawyers You Can Trust

Our law firm provides exceptional defense representation. We have earned a reputation for our diligence and our commitment to our clients. Clients have come to respect and trust us when they are in need and their future is at stake. We know the law and how to effectively defend our clients.

When clients have been charged with marijuana cultivation or other drug manufacturing, we analyze every aspect of the case.

  • How did law enforcement become aware of the use of grow lights?
  • Was reviewing the occupant’s electrical bills legal?
  • Was a valid search warrant obtained before entering the home?
  • Did someone else have access to the home?
  • Was the home actually owned by someone else?

In marijuana cultivation cases, penalties are based on quantity. Therefore, if you have possession of a significant amount of plants in your home or an amount of marijuana of substantial weight, you may face a mandatory minimum sentence. Experienced defense counsel is paramount to the success of your case.

We use our knowledge of the law to our client’s benefit. If required procedure was not followed or our clients’ rights were violated, we petition to have evidence suppressed from the record — weakening or destroying the case against you. If you have been arrested for marijuana cultivation, trust the Best Houston Drug Lawyer Charles Johnson to provide the zealous defense representation you need. You can contact Attorney Johnson directly anytime night or day at (713) 222-7577.

About Marijuana Cultivation in Texas

In Texas, it is against the law to possess, distribute, or grow marijuana. The charges for these crimes are serious and the penalties include jail time, probation, prison, and expensive fines. In addition to these consequences, your driver’s license will be suspended even if you are not driving a vehicle at the time of your arrest.

Texas marijuana cultivation laws make it illegal for you to grow and possess certain plants or other organic materials that are used to produce marijuana. This means that if you are found with cannabis seeds, grow lighting systems, or marijuana plants, you will be charged with marijuana cultivation.

Large-scale federal marijuana cultivation charges are serious and carry severe consequences. As a federal offense, your case would be handled in the federal court system, which places strict sentencing guidelines on convictions. It is important that you retain a lawyer who has experience trying cases at the federal level. I can evaluate your case from every angle to determine the best course of action.

Marijuana is derived from the hemp plant called Cannabis sativa, which can be found growing naturally in many parts of the world. Though it may be commonly known as a hallucinogenic drug, the hemp or marijuana plant can be used in many other ways to produce paper, hemp oil, food and clothes. Owning items that are made of hemp is not illegal; however, growing or cultivating a marijuana plant in Texas is punishable as a criminal offense.

Marijuana remains readily available and is considered the most widely used illegal drug throughout the State of Texas. Marijuana in this area is primarily imported from the Texas/Mexico border via privately owned vehicles (POV) and commercial trucks. Large quantities of marijuana are routinely seized by all levels of law enforcement during highway interdiction stops in the North Texas area. In recent years, increased enforcement activity has lead to the seizure of several significant indoor marijuana cultivation operations in North Texas. These operations range in size from 100 to over 1100 plants and have produced marijuana with THC levels as high as 15%. Mexican marijuana is the most predominantly trafficked drug in the Houston Division. It is not uncommon for the US Border Patrol to make multi-hundred pound marijuana seizures from “back packers” at points along the Rio Grande River, and from vehicles at the US Border Patrol secondary checkpoints in Texas. At the Ports of Entry, ton quantity seizures of marijuana are often made from commercial trucking attempting to enter the United States.

Outdoor Operations

Seasonal marijuana growing operations may be conducted on lands of all ownership. Some individuals elect to grow their illegal crops on publicly owned lands where isolation and limited public access lessen the likelihood of accidental detection. Certain things may be indicators of an outdoor growing operation. Some of these are:

  • An unusually large purchase of fertilizer,
  • garden hoses, PVC pipe, and
  • camouflage netting.
  • Excessive security measures out of place
  • in remote forested areas.
  • An unusual structure or out-of-place
  • items in remote forested areas, such as
  • buckets, garden tools, hoses, PVC pipe,
    and fertilizer bags.

Indoor Operations

Many individuals choose to cultivate marijuana indoors in order to have total control of the environment. These operations may divert power from power companies to circumvent payment of high bills and attempt to avoid detection. This only raises the cost of power for law-abiding citizens.

Certain things may be indicators of an indoor growing operation. Some of these are:

  • Covered or blackened-out windows.
  • Loud humming sounds (from fans or ballasts).
  • An unusually strong musty odor.
  • Unusually large amounts of potting soil, containers, fertilizer, hoses, halide light system, and ballasts.
  • Excessive security measures and use of guard dogs.

Marijuana possession, sale, and manufacture are regulated by both state and federal law. In Texas, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and no generally recognized medical value. (Texas Stat. and Code Ann. § 481.002.)

Marijuana Possession

It is a crime to possess marijuana in Texas. Penalties vary according to the amount possessed, with increased penalties for offenses in a drug free school zone. (Texas Stat. and Code Ann. § 481.121.)

Two ounces or less. Penalties include a fine of up to $2,000, up to 180 days in jail, or both.

More than two ounces, but less than four ounces. Penalties include a fine of up to $4,000, up to one year in jail, or both.

Four ounces or more, up to and including five pounds. Penalties include a fine of up to $10,000, between 180 days and two years in prison, or both.

More than five pounds, up to and including 50 pounds. Penalties include a fine of up to $10,000, between two and ten years in prison, or both.

More than 50 pounds, up to and including 2,000 pounds. Penalties include a fine of up to $10,000, between two and 20 years in prison, or both.

More than 2,000 pounds. Penalties include a fine of up to $50,000, between five and 99 years in prison, or both.

Marijuana Cultivation and Sales

It is illegal to cultivate or sell marijuana (or possess marijuana with the intent to do so) in Texas. Penalties vary according to the amount cultivated or sold, with increased penalties for sales to a minor or within a drug free school zone. (Texas Stat. and Code Ann. § 481.120.)

Gift of one fourth of an ounce or less. Penalties include a fine of up to $2,000, up to 180 days in jail, or both.

Selling one fourth of an ounce or less. Penalties include a fine of up to $4,000, up to one year in jail, or both.

More than one fourth of an ounce, and up to and including five pounds. Penalties include a fine of up to $10,000, between 180 days and two years in prison, or both.

More than five pounds, up to and including 50 pounds. Penalties include a fine of up to $10,000, between two and 20 years in prison, or both.

More than 50 pounds, up to and including 2,000 pounds. Penalties include a fine of up to $10,000, between five and 99 years in prison, or both.

More than 2,000 pounds. Penalties include a fine of up to $50,000, at least ten (and up to 99) years in prison, or both.

Drug Paraphernalia

It is illegal in Texas to manufacture, sell, or use drug paraphernalia (or possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties for possession include a fine of up to $500, but no jail time. Selling paraphernalia may be punished with a fine of up to $4,000, up to one year in jail, or both. (Texas Stat. and Code Ann. § 481.125.)

Stamp Tax

A stamp tax is a tax imposed on certain types of transactions (such as the transfer of property) that requires a stamp to be purchased and attached either to the item sold or to an instrument documenting the transaction (such as a deed). The federal government imposes stamp taxes on deeds, the issue and transfer of stocks and bonds, and on playing cards.

In Texas, those who buy, transport, or import marijuana into Texas are required to pay a stamp tax and place the stamp (proof of payment) onto the contraband. However, because the possession of marijuana is illegal, people typically don’t pay the stamp tax. When you are convicted for possession, you will also be liable for payment of the unpaid taxes ($3.50 for each gram or portion of a gram). (Texas Stat. and Code Ann. § 159.101A.)

Challenging the Prosecution’s Case – Why You Shouldn’t Give Up Hope

Marijuana cultivation cases often depend on informants. People who have been arrested on drug and related criminal charges may agree to provide police with information in exchange for a reduced sentence. As a result, someone may give your name to the police when in reality you have little, if anything, to do with the cultivation of marijuana. Houston Drug Lawyer Charles Johnson will investigate the background of informants and their relationship to the police in order to expose leads and information ignored by law enforcement in building their case against you.

Facing Possession Charges

Often marijuana possession charges result from police contacts while in your car. Typically, officers will ask the driver if they can search their car. In many cases, drivers agree to a search thinking officers have a right to inspect their car. However, an officer must first have reasonable suspicion that a law has been broken to pull you over. Second, in order to search your car, one of the following must apply: You must give voluntary, informed consent to the officer; the officer must see something in plain sight that gives them probable cause to conduct a search; or the search must be incident to a lawful arrest. Attorney Johnson will review the evidence, dashboard camera footage and the actions of arresting officers to determine if your rights were violated.

The Value of Local Legal Representation

If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse. As you can see, the penalties for marijuana cultivation in Texas are life changing. Not only is your freedom at stake, your bank account can be cleaned out and you will lose your driving privileges. You need an experienced drug-offense attorney on your side at a critical time like this.

Houston Drug Lawyer Charles Johnson expertly defends clients who have been charged with marijuana-related crimes through the entire State of Texas. Due to his dedication to fighting drug charges, he is familiar with the most effective defense strategies to defend you. If you’ve been arrested on marijuana cultivation charges in Houston or anywhere in Texas, it’s in your best interest to speak with an experienced drug cultivation defense lawyer who can inform you of your legal rights and provide you with the aggressive defense you need against your charges.

When you come to our firm, you can rest assured that a knowledgeable and well-practiced Texas marijuana cultivation defense attorney will thoroughly look into your charges to determine if the police violated your constitutional rights, or conducted an unlawful search and seizure. If we find any evidence that may indicate the police violated the law, we will make it known to the judge immediately, and motion to have the charges dropped.

To learn more about our defense services, please contact Houston Marijuana Cultivation Lawyer Charles Johnson anytime night or day at (713) 222-7577 to speak with him directly.


Marijuana Cultivation Charges: The Best Houston Criminal Lawyer To Represent You

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Arrested for Marijuana Possession or Sales? The Best Houston Lawyer

Finest Houston Criminal Defense Attorney

The Charles Johnson Law Firm is one of the foremost criminal defense law firms in Houston in defending people from drug convictions, including the possession and sale of marijuana. Our unique strategy gives our clients the best opportunity to avoid criminal penalties, and our criminal defense law firm’s familiarity with drug laws, both felonies and misdemeanors, is unrivaled. We provide each client a high-quality legal defense that is superior. Houston Criminal Lawyer Charles Johnson can defend against any criminal drug charge in both federal and state courts, and our firm’s track record of success continues to grow.

Hire the Best Houston Drug Crimes Defense Lawyer: The Charles Johnson Law Firm

Criminal Marijuana Penalties

Marijuana possession and sale charges can be either misdemeanors or felonies, but both carry serious penalties. Jail time, heavy fines, probation, mandatory rehab programs and more are all possible penalties for drug charges. Attorney Johnson’s finely tuned defense techniques have evolved from years of experience, and he brings that knowledge and experience to those facing marijuana-related criminal charges.

Marijuana Possession

Of all the marijuana laws in Texas, possession of marijuana may be the most unfair. It punishes otherwise responsible citizens merely for keeping some pot for personal use and who have no intention of ever doing anything hurtful with it or profiting from it. Nonetheless, it is an offense to possess, distribute or cultivate marijuana in Texas. Depending on the quantity, possession of marijuana can be charged as a misdemeanor of felony in both state and federal court.

The prosecution may argue that you’re “in possession” of marijuana in Houston, TX, if you’re found smoking marijuana or if you knowingly “exercised control” over the marijuana. Therefore, the location of the marijuana is very important:

  • If the marijuana is found on your person, in your car, in or around your home, in a storage unit belonging to you, or in any other place that you have some authority over, the prosecution will argue that you were in possession of the marijuana since you had some control over the location.
  • Furthermore, if marijuana is found in your system during a drug test or you were caught driving under the influence of marijuana in Texas, the prosecution may try to use that to prove you’ve been in possession of marijuana since you presumably “exercise control” over your body.

Marijuana Possession Penalties in Texas

  • Two ounces or less include a fine up to $2,000, up to 180 days in jail or both
  • More than two ounces, but less than four ounces. Penalties include a fine of up to $4,000, up to one year in jail, or both.
  • Four ounces or more, up to and including five pounds. Penalties include a fine of up to $10,000, between 180 days and two years in prison, or both.
  • More than five pounds, up to and including 50 pounds. Penalties include a fine of up to $10,000, between two and ten years in prison, or both.
  • More than 50 pounds, up to and including 2,000 pounds. Penalties include a fine of up to $10,000, between two and 20 years in prison, or both.
  • More than 2,000 pounds. Penalties include a fine of up to $50,000, between five and 99 years in prison, or both.

Sale of Marijuana

Various states have different marijuana laws, and Texas is no different. Texas treats marijuana sales as a much more serious crime than possession, which is reflected in the penalties. The sale of any amount of marijuana can lead to prison time, even for small amounts.

Sale of Marijuana Penalties in Texas

  • 1/4 oz – 5 lbs: 6 months – 2 years, $10,000 fine
  • 5 lbs – 50 lbs: 2 – 20 years, $10,000 fine
  • 50 lbs – 1 ton: 5 – 99 years, $10,000 fine
  • 1 ton or more: Mandatory minimum of 10 – 99 years, with a $100,000 fine

These are for either the sale OR delivery, meaning it is irrelevant whether or not you are actually paid or just just giving it to someone. On top of that, if the delivery or sale is to a minor (in ANY amount), that is punishable by an additional 2 – 20 years in prison. Also, sale within 1,000 feet of a school or within 300 feet of a youth center, public pool or video arcade increases the penalty classification to the next highest level (which in some cases is a difference of many years).

The Houston Lawyer Charles Johnson understands the unique nature of Texas marijuana laws, and can provide a skilled defense. His unparalleled knowledge of state and federal drug laws gives him a unique ability to provide excellent legal services for you and your loved ones. If you are in need of criminal defense legal representation in the Houston area, contact Attorney Johnson anytime day or night at (713) 222-7577 to discuss your situation.

What Is Marijuana?

Cannabis sativa: There are two species of Cannabis. One species is Cannabis sativa, originally cultivated to make hemp. The stalks of the plant contain fibers that are woven to make rope, cloth, and paper. The other species is Cannabis indica, known for its psychoactive properties. Hashish is derived from Cannabis indica. In Africa, cannabis is know as “dagga,” in China as “ma,” and in India as “ganga” or “bhang”. Marijuana is the Mexican colloquial name for Cannabis sativa. Marijuana is a greenish-gray mixture of dried, shredded leaves, stems, seeds, and flowers of the hemp plant.

THC is the main psychoactive ingredient in marijuana. THC or delta-9-tetrahydrocannabinol is found in the plant’s resin. The amount of THC determines the potency of the marijuana. The resin is mostly concentrated in the flowers of the plant. Because of various cultivation techniques the amount of THC varies considerably in the flowers of individual plants.

Other Chemicals: Marijuana is a complex drug and is made up of 420 chemical components. Sixty-one of these chemicals are called cannabinoids and are unique to marijuana. Many scientific studies focus on the primary psychoactive chemical, THC but don’t know how these other cannabinoids affect the various organs, brain, and behavior.

Grades of Marijuana

  • Low-grade marijuana is made from leaves of both sexes of the plant.
  • Medium-grade marijuana is made of the flowering tops of female plants fertilized by male plants.
  • High-grade marijuana is made of the flowering tops of female plants raised in isolation to male plants. This marijuana is called sinsemilla because it does not produce a seed.
  • Hashish is produced when resin is collected from the Cannabis indica plant. The THC-rich resin is dried and then compressed into a variety of forms, such as balls, cakes, or cookie-like sheets. Pieces are then broken off, placed in pipes, and smoked or rolled into a cigarette along with tobacco or low-grade marijuana. The Middle East, North Africa, Pakistan, and Afghanistan are the main sources of hashish. THC content of hashish can vary from 8% to 20%.

What are the Physical Effects of Marijuana usage?

When marijuana is smoked, the affects are felt in minutes. The high usually peaks within a couple of hours. Marijuana affects users differently. The “high” can include a feeling of relaxation, improved sense perception, and emotional well-being. Music and visual images may seem more vibrant and intense. Time seems to slow down. Some people experience physical hunger and a range of emotion from laughter to introspection. Marijuana does not always produce pleasant feelings and may cause paranoia and hallucinations. Emergency room visits have increased because some people feel anxious or fearful after smoking high-grade marijuana. Whether the marijuana is smoked or eaten, THC can remain in the body for days. About half the THC is in the blood 20 hours after smoking. Although the initial high has disappeared, physical and mental functions may be affected for days.

The physical effects of marijuana depend on many individual factors such as personal health, the time of day that marijuana is used, the problems it causes, and how well a person is able to control his or her use. Research studies have shown that one of the primary concerns for those who use marijuana is cardiovascular damage. Marijuana causes damage to lungs that is similar to that caused by cigarettes. For people who inhale deeply or hold the smoke in their lungs longer, the risk can be greater. One study that compared cigarette and marijuana smokers found that marijuana smokers absorbed five times the amount of carbon monoxide, and had five times the tar in their lungs, as compared to cigarette smokers. For those who smoke both marijuana and cigarettes, the damage can be exponentially greater than that caused by marijuana or cigarettes alone.

Research shows that people who use marijuana more than one time during the day tend to have more social and physical problems than those who only use in the evenings. Those who use at multiple times may also be more likely to be smoking to avoid problems they feel unable to confront. A person who uses marijuana in addition to alcohol or other drugs can be at additional risk. The effects of some drugs become exponentially greater when taken together. In addition, the physical tolerance that one drug produces can sometimes affect another drug, and lead to dependence on multiple substances.

Is Marijuana Addictive?

While marijuana is not in the same addictive league as cocaine, heroin, and even alcohol, recent studies raise the possibility that THC affects the level of dopamine in the brain. Dopamine is a chemical in the brain that affects the pleasure circuits. Many addictive drugs cause the release of dopamine from the neurons. One report by the National Institute of Drug Abuse states that long-term marijuana use can lead to addiction for some people. This report concludes that along with craving, withdrawal symptoms can make it hard for long-term marijuana smokers to stop using the drug. People trying to quit report irritability, difficulty sleeping, and anxiety.

Drug Paraphernalia

Texas does not prosecute possession of drugs only. In fact, Texas will prosecute a person for possession of drug paraphernalia. Thus, it is a separate criminal charge classified as a Class C Misdemeanor and typically carries a penalty of $500. Normally, if one is charged with a possession of controlled substance, then a possession of drug paraphernalia will be charged against the person, as well.

Under federal law the term drug paraphernalia means “any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.”

Drug paraphernalia is any legitimate equipment, product, or material that is modified for making, using, or concealing illegal drugs such as cocaine, heroin, marijuana, and methamphetamine. Drug paraphernalia generally falls into two categories:

User-specific products

User-specific products are marketed to drug users to assist them in taking or concealing illegal drugs. These products include certain pipes, smoking masks, bongs, cocaine freebase kits, marijuana grow kits, roach clips, and items such as hollowed out cosmetic cases or fake pagers used to conceal illegal drugs.

Dealer-specific products

Dealer-specific products are used by drug traffickers for preparing illegal drugs for distribution at the street level. Items such as scales, vials, and baggies fall into this category. Drug paraphernalia does not include any items traditionally used with tobacco, like pipes and rolling papers.

With the rise of the drug culture in the United States in the 1960s and 1970s, the country began to see the appearance of “head shops,” which were stores that sold a wide range of drug paraphernalia. While some of the paraphernalia was crude and home-made, much was being commercially manufactured to cater to a fast-growing market. Enterprising individuals even sold items openly in the street, until anti-paraphernalia laws in the 1980s eventually ended such blatant sales. Today, law enforcement faces another challenge. With the advent of the Internet, criminals have greatly expanded their illicit sales to a worldwide market for drug paraphernalia. For example, in a recent law enforcement effort, Operation Pipedreams, the 18 companies targeted accounted for more than a quarter of a billion dollars in retail drug paraphernalia sales annually. Typically, such illicit businesses operate retail stores as well as websites posing as retailers of legitimate tobacco accessories when in reality the products are intended for the illegal drug trade.

Identifying drug paraphernalia can be challenging because products often are marketed as though they were designed for legitimate purposes. Marijuana pipes and bongs, for example, frequently carry a misleading disclaimer indicating that they are intended to be used only with tobacco products. Recognizing drug paraphernalia often involves considering other factors such as the manner in which items are displayed for sale, descriptive materials or instructions accompanying the items, and the type of business selling the items.

Marijuana-Related Crimes

The Charles Johnson Law Firm is experienced in marijuana-related matters involving:

Contact the Best Houston Marijuana Possession Lawyer: The Charles Johnson Law Firm

Before someone can be convicted of marijuana possession in Houston, the state must prove that the accused actually had possession or took action to control the drug. Drug possession cases are complicated and depend the police’s adherence to strict guidelines concerning search and seizure of the drug.

As you could be facing fines, probation, drug classes, community service, and jail, it is crucial that you speak with an experienced Houston criminal attorney if you have been accused of this crime. Our team at the Charles Johnson Law Firm is well-equipped to handle any type of drug crime, including those involving possession of marijuana and/or drug paraphernalia. We understand that mistakes can happen and not everyone who has been accused of a crime is guilty. No matter how serious you may believe your case to be, contact The Houston Lawyer Charles Johnson directly by calling (713) 222-7577 anytime, day or night to discuss your case.

Arrested for Marijuana Possession or Sales? The Best Houston Lawyer
by Charles Johnson

 

Arrested for Marijuana Possession or Sales?  Choose the Right Houston Marijuana Lawyer For Your Case

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Houston Lawyer: Arrested For Illegal Prescription Drugs?

Top Houston Drug Crimes LawyersA drug can be legal when prescribed by a doctor, yet it can be illegal when someone uses it without a valid prescription. If you are being investigated for a prescription drug crime, you cannot afford to be poorly represented. Houston Criminal Lawyer Charles Johnson has expertly defended prescription drug charges in Houston and throughout Texas.
The Charles Johnson Law Firm regularly assists clients with drug cases involving illegal prescription medications, such as:

  • Forging of prescriptions
  • Pharmacy fraud and prescription fraud
  • Illegal possession of prescription medications
  • Transportation of drugs
  • Distribution of drugs
  • Illegal buying prescription drugs online
  • Drug delivery, manufacturing and trafficking

If you have been charged with one or more of these offenses, you could be facing jail time and other significant consequences. It is important to know what to do in the days following an arrest and how an experienced attorney can build a vigorous defense for your charges. In many cases he will be able to have your case dismissed entirely. Call Houston Lawyer Charles Johnson at (713) 222-7577 to discuss your case. Attorney Johnson answers the phone 24 hours per day and offers you a free initial consultation.

Hire the Best Houston Drug Attorney: The Charles Johnson Law Firm

Prescription drug abuse is on the rise in Texas. There are many possible ways for someone to acquire prescription drugs for illegal use. Some people obtain the prescription drugs from a person who has a valid prescription. Others steal a doctor’s official prescription pad and forge the doctor’s signature for the medication, while some create a counterfeit prescription that resembles a doctor’s official prescription. There are some who do what is called “Doctor Shopping,” which entails going to many different doctors complaining about a medical condition to get prescriptions from each of them.

What is prescription drug abuse?

Prescription drug abuse is the use of a medication without a prescription, in a way other than as prescribed, or for the experience or feelings elicited. According to several national surveys, prescription medications, such as those used to treat pain, attention deficit disorders, and anxiety, are being abused at a rate second only to marijuana among illicit drug users. The consequences of this abuse have been steadily worsening, reflected in increased treatment admissions, emergency room visits, and overdose deaths.

How many people abuse prescription drugs?

According to results from the 2010 National Survey on Drug Use and Health (NSDUH), an estimated 2.4 million Americans used prescription drugs nonmedically for the first time within the past year, which averages to approximately 6,600 initiates per day. More than one-half were females and about a third were aged 12 to 17. Although prescription drug abuse affects many Americans, certain populations, such as youth, older adults, and women, may be at particular risk.

Who abuses prescription drugs?

Individuals of all ages abuse prescription drugs — data reported in the National Household Survey on Drug Abuse indicate that an estimated 36 million U.S. residents aged 12 and older abused prescription drugs at least once in their lifetime. The survey also revealed that millions of teenagers and young adults abuse prescription drugs — 2.7 million individuals aged 12 to 17 and 6.9 million individuals aged 18 to 25 abused prescription drugs at least once. Prescription drug abuse among high school students is a particular concern. According to the University of Michigan’s Monitoring the Future Survey, more than 10 percent of high school seniors in the United States abused narcotics (other than heroin) at least once in their lifetime. Nearly 17 percent abused amphetamines (a type of stimulant), 10 percent abused barbiturates, and 11 percent abused tranquilizers at least once.

Adolescents and young adults

Abuse of prescription drugs is highest among young adults aged 18 to 25, with 5.9 percent reporting nonmedical use in the past month (NSDUH, 2010). Among youth aged 12 to 17, 3.0 percent reported past-month nonmedical use of prescription medications.

According to the 2010 MTF, prescription and OTC drugs are among the most commonly abused drugs by 12th graders, after alcohol, marijuana, and tobacco. While past-year nonmedical use of sedatives and tranquilizers decreased among 12th graders over the last 5 years, this is not the case for the nonmedical use of amphetamines or opioid pain relievers.

When asked how prescription opioids were obtained for nonmedical use, more than half of the 12th graders surveyed said they were given the drugs or bought them from a friend or relative. Interestingly, the number of students who purchased opioids over the Internet was negligible.

Youth who abuse prescription medications are also more likely to report use of other drugs. Multiple studies have revealed associations between prescription drug abuse and higher rates of cigarette smoking; heavy episodic drinking; and marijuana, cocaine, and other illicit drug use among adolescents, young adults, and college students in the United States.

Older adults

Persons aged 65 years and older comprise only 13 percent of the population, yet account for more than one-third of total outpatient spending on prescription medications in the United States. Older patients are more likely to be prescribed long-term and multiple prescriptions, and some experience cognitive decline, which could lead to improper use of medications. Alternatively, those on a fixed income may abuse another person’s remaining medication to save money.

The high rates of comorbid illnesses in older populations, age-related changes in drug metabolism, and the potential for drug interactions may make any of these practices more dangerous than in younger populations. Further, a large percentage of older adults also use OTC medicines and dietary supplements, which (in addition to alcohol) could compound any adverse health consequences resulting from prescription drug abuse.

What prescription drugs are commonly abused?

The prescription drugs that are commonly abused in the United States fall into several broad categories: opioids/narcotics/pain relievers, CNS (Central Nervous System) depressants, and stimulants. Individuals abuse these drugs because they are an easily accessible and inexpensive means of altering a user’s mental and physical state; the effects vary depending upon the drugs they abuse.

What are some of the commonly abused prescription drugs?

Although many medications can be abused, the following three classes are most commonly abused:

Opioids—usually prescribed to treat pain;

Central nervous system (CNS) depressants—used to treat anxiety and sleep disorders; and

Stimulants—most often prescribed to treat attention deficit hyperactivity disorder (ADHD).

What are opioids?

Opioids are medications that relieve pain. They reduce the intensity of pain signals reaching the brain and affect those brain areas controlling emotion, which diminishes the effects of a painful stimulus. Medications that fall within this class include hydrocodone (e.g., Vicodin), oxycodone (e.g., OxyContin, Percocet), morphine (e.g., Kadian, Avinza), codeine, and related drugs. Hydrocodone products are the most commonly prescribed for a variety of painful conditions, including dental and injury-related pain. Morphine is often used before and after surgical procedures to alleviate severe pain. Codeine, on the other hand, is often prescribed for mild pain. In addition to their painrelieving properties, some of these drugs—codeine and diphenoxylate (Lomotil) for example—can be used to relieve coughs and severe diarrhea.

Drug Type:

Opioids/Narcotics/Pain Relievers

Common Brand Names:

  • Dilaudid (Dust, Juice, Smack, D, Footballs)
  • Lorcet (Pharmies, Beans, Hydro, Painkillers, Happy Pills)
  • Lortab (Tab, Hydro, Norco, Vikes, Viko)
  • Oxycontin (Hillbilly Heroin, Oxycet, Oxycotton)
  • Oxycodone which includes Percocet, Percodan & Tylox (Percs, Paulas, Roxicotten, Roxi’s, Blue Dynamite, 512s)
  • Vicodin (Happy Pills, Vikes)

What are CNS depressants?

CNS depressants, sometimes referred to as sedatives and tranquilizers, are substances that can slow brain activity. This property makes them useful for treating anxiety and sleep disorders. Among the medications commonly prescribed for these purposes are the following:

Benzodiazepines, such as diazepam (Valium) and alprazolam (Xanax), are sometimes prescribed to treat anxiety, acute stress reactions, and panic attacks. The more sedating benzodiazepines, such as triazolam (Halcion) and estazolam (ProSom) are prescribed for short-term treatment of sleep disorders. Usually, benzodiazepines are not prescribed for longterm use because of the risk for developing tolerance, dependence, or addiction.

Non-benzodiazepine sleep medications, such as zolpidem (Ambien), eszopiclone (Lunesta), and zalepon (Sonata), have a different chemical structure, but act on some of the same brain receptors as benzodiazepines. They are thought to have fewer side effects and less risk of dependence than benzodiazepines.

Barbiturates, such as mephobarbital (Mebaral), phenobarbital (Luminal Sodium), and pentobarbital sodium (Nembutal), are used less frequently to reduce anxiety or to help with sleep problems because of their higher risk of overdose compared to benzodiazepines. However, they are still used in surgical procedures and for seizure disorders.

Drug Type:

  • CNS Depressants
  • Tranquilizers
  • Sedatives

Common Brand Names:

  • Barbiturates which include Amytal, Nembutal, Seconal And Phenobarbital (Barbs, Blue Birds, Phennies, Tooties, Yellows, Reds, Yellow Jackets, Amytal, Downers, Nembutal, Phenobarbital, Red Birds, Red Devils, Seconal, Tuninal)
  • Benzodiazepines which include Ativan, Halcion, Librium, Valium Or Xanax (Candy, Downers, Sleeping Pills, And Tranks)
  • Flunitrazepam which includes Rohypnol (Known as a leading ‘date-rape’ drug, Forget-Me Pill, Mexican Valium, R2, Roche, Roofies, Rope)
  • Ketamine which includes Ketalar (Kat, Valium K, Special K, Vitamin K)

What are stimulants?

As the name suggests, stimulants increase alertness, attention, and energy, as well as elevate blood pressure, heart rate, and respiration. Stimulants historically were used to treat asthma and other respiratory problems, obesity, neurological disorders, and a variety of other ailments. But as their potential for abuse and addiction became apparent, the medical use of stimulants began to wane. Now, stimulants are prescribed to treat only a few health conditions, including ADHD, narcolepsy, and occasionally depression—in those who have not responded to other treatments.

Drug Type:

Stimulants

Common Brand Names:

  • Amphetamines which include Adderall, Dexedrine, Dextrostat, Desoxyn, ProCentra, Vyvanse and Biphetamine (Bennies, Black Beauties, Crosses, Hearts, LA Turnaround, Speed, Truck Drivers, Uppers)
  • Methylphenidate which includes Ritalin (Jif, Mph, R-Ball, Skippy, The Smart Drug, Vitamin R, Kiddy Cocaine, West Coast)

How are prescription drugs abused?

Prescription drugs are abused in a variety of ways. Many of the prescription drugs that are commonly abused are available as tablets. Typically abusers either consume the tablets orally or crush them into a powder, which they then snort. In some instances, abusers dissolve crushed tablets in water and then inject the solution.

How many people suffer adverse health consequences from abusing prescription drugs?

The Drug Abuse Warning Network (DAWN), which monitors emergency department (ED) visits in selected areas across the Nation, reported that approximately 1 million ED visits in 2009 could be attributed to prescription drug abuse. Roughly 343,000 involved prescription opioid pain relievers, a rate more than double that of 5 years prior. ED visits also more than doubled for CNS stimulants, involved in nearly 22,000 visits in 2009, as well as CNS depressants (anxiolytics, sedatives, and hypnotics), involved in 363,000 visits. Of the latter, benzodiazepines (e.g., Xanax) comprised the vast majority. Rates for a popular prescribed nonbenzodiazepine sleep aid, zolpidem (Ambien), rose from roughly 13,000 in 2004 to 29,000 in 2009. More than half of ED visits for prescription drug abuse involved multiple drugs.

Houston Drug AttorneyOne in five teens nationwide were reported abusing a prescription pain medication and one in ten reported abuse of a prescription stimulant. (The Partnership for a Drug-Free America)

More teens abuse prescription drugs than any other illicit drug, except marijuana—more than cocaine, heroin, and methamphetamine combined. (The Partnership for a Drug-Free America)

Local school officials privately express concern about the selling and easy access of prescription drugs in their schools. School administrators, however, are reluctant to speak publicly about the problem.

Experts don’t know exactly why this type of drug abuse is increasing. The availability of drugs is probably one reason. Doctors are prescribing more drugs for more health problems than ever before. Online pharmacies make it easy to get prescription drugs without a prescription, even for youngsters.

Houston Drug Attorney

How are they obtained?

Prescription drugs are obtained in various ways. In some cases, unscrupulous pharmacists or other medical professionals either steal the drugs or sell fraudulent prescriptions. In a process known as doctor shopping, abusers visit several doctors to obtain multiple prescriptions. Individuals also call pharmacies with fraudulent prescription refills, or they alter prescriptions. Prescription drugs occasionally are stolen from pharmacies. Young people typically obtain prescription drugs from peers, friends, or family members. Some individuals who have legitimate prescriptions sell or give away their drugs. Young people also acquire prescription drugs by stealing them from relatives and other individuals with legitimate prescriptions or from school medicine dispensaries.

Is abusing prescription drugs illegal?

Yes, it is illegal to use prescription drugs without a valid prescription or to distribute them. The penalties associated with the abuse or illegal distribution of prescription drugs vary depending upon the drug type.

What are the penalties for possessing illegal prescription drugs in Texas?

Prescription drugs are offered legally through a prescription, however, possession of prescription pills without a legal prescription can land you in jail in Texas.

Sec. 481.115. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 1, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

Sec. 481.117. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 3. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 3, unless the person obtains the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

Group 1: Includes Opium, Oxycodone and some Prescription Pills
Weight of Drug
Type of Offense
Punishment
Less than one gram
State jail felony
180 days to 2 yearsin a state jail
1 gram or more, less than 4 grams
Third-degree felony
2 to 10 yearsin a state prison
4 grams or more, but less than 200 grams
Second-degree felony
2 to 20 yearsin a state prison
200 grams or more, but less than 400 grams
First-degree felony
5 to 99 yearsin a state prison
400 grams or more
Enhanced first-degree felony
10 to 99 yearsin a state prison
Group 3 & 4: Many Prescription Pills like Xanax, Valium, Ritalin, & Drug Compounds
Weight of Drug
Type of Offense
Punishment
Less than 28 grams
Class A misdemeanor
Not more than 1 year in a county jail
28 grams or more, but less than 200 grams
Third-degree felony
2 to 10 yearsin a state prison
200 grams or more, but less than 400 grams
Second-degree felony
2 to 20 yearsin a state prison
400 grams or more
EnhancedFirst-degree felony
5 to 99 yearsin a state prison

Possession With Intent to Distribute

Some states have laws making it illegal to be in possession of your own prescription drugs under certain circumstances. Most states have laws that make it illegal to carry around pills that are not in their labeled prescription bottle.

In other words, if you are carrying around pills that your doctor prescribed to you, but have them loose in your pocket or purse, that is illegal. The presumption is that you are carrying them in that manner so that you can distribute them.

Purchasing Prescription Drugs over the Internet

Federal law prohibits buying controlled substances such as narcotic pain relievers (e.g., OxyContin®, Vicodin®), sedatives (e.g., Valium®, Xanax®, Ambien®), stimulants (e.g., phentermine, phendimetrazine, Adderall®, Ritalin®) and anabolic steroids (e.g., Winstrol®, Equipoise®) without a valid prescription from your doctor. This means there must be a real doctor-patient relationship, which by most state laws requires a physical examination. Prescriptions written by “cyber doctors” relying on online questionnaires are not legitimate under the law.

Buying controlled substances online without a valid prescription may be punishable by imprisonment under Federal law. Often drugs ordered from rogue websites come from foreign countries. It is a felony to import drugs into the United States and ship to a non-DEA registrant.

Buying drugs online may not be only illegal, but dangerous. The American Medical Association and state boards of medicine and pharmacy have all condemned the practice of cyber doctors issuing online prescriptions as unacceptable medical care. Drugs delivered by rogue websites may be the wrong drugs, adulterated or expired, the wrong dosage strength, or have no dosage directions or warnings.

Hire the Best Houston Prescription Drugs Attorney: The Charles Johnson Law Firm

Some people believe that crimes that involve prescription drugs are treated less seriously than crimes that involve marijuana, cocaine and other illegal drugs. This is not true, however, and the penalties for prescription drug crimes in Houston can be just as severe as penalties for illegal drug crimes. Depending on the type and amount of drug, the consequences could be significant.

If you have been charged with an offense involving illegal prescription medications, you need an experienced criminal defense attorney who can successfully represent you and protect your rights. Houston Lawyer Charles Johnson has expertly defended prescription drug charges for many years. In many cases he will be able to have your case dismissed entirely. Contact him now for your free consultation.

Houston Lawyer: Arrested For Illegal Prescription Drugs?
by Charles Johnson


Houston Lawyer: Arrested For Illegal Prescription Drugs?

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