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Have You Been Falsely Accused of Domestic Violence?

Hire the Best Houston Domestic Violence Attorney

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

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

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

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

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

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

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

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

What are the Warning Signs of an Impending False Allegation?

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

These are some of the warning signs to look for:

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

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

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

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

Contact Houston Domestic Violence Lawyer Charles Johnson

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

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

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

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

Related News Stories – Domestic Violence Arrests in Houston, Texas

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

Defending your Felony Crime in Houston

Charles Johnson: Houston Felony LawyerIn the criminal justice system, serious crimes net serious consequences. Being charged with a felony in Houston can dramatically change your life, from lengthy prison sentences to a lifetime of restricted privileges as a convicted felon. Even the mere allegation of criminal activity can cause not only legal difficulties, but also personal ramifications as the accused is eyed with suspicion by co-workers, friends, and even family members. If you have been charged with a Felony crime and need a Houston Attorney to handle your Felony Case, contact Houston Felony Lawyer Johnson directly anytime night or day at (713) 222-7577. In Felony Defense, experience makes the difference.

Felony Crimes in Houston

Virtually everyone has had some experience on the wrong side of the law, if only for a minor traffic infraction. Still others have been accused of misdemeanor offenses such as petty theft or first offense DUI. The most serious criminal offenses, however, are charged as felonies, and conviction of a felony crime often leads to years, even a lifetime, in prison. Even upon parole or release from prison, a convicted felon is subject to extended probation and the loss of rights, such as possession of a firearm or the ability to work in certain professions. Felony sex offenses can lead to lifetime sex offender registration, which severely restricts housing options, employment possibilities, and even recreational activities. Houston Felony Lawyer Charles Johnson will be instrumental in protecting the rights of those accused of felony acts, ensuring a fair trial, upholding justice, and helping the defendant avoid inflated charges and excessive sentencing.

When finding a defense lawyer to handle your felony case, it is important to look for an attorney with specific experience representing defendants accused of serious felonies. Your lawyer should have the knowledge, skill, and determination to uncover evidence to support your case, to protect against illegal police procedures, and to aggressively pursue every option for your defense.

Houston Felony Lawyer Charles Johnson has experience defending clients charged in criminal matters. He provides legal counsel and defense for those accused of serious felony crimes anywhere in Texas.

With criminal penalties ranging from just over a year to life in prison, fines reaching tens of thousands of dollars, and a criminal record of a felony conviction that can limit your potential for a lifetime, a felony charge should be taken seriously by the defendant and the Houston felony lawyer handling the case. Professional and diligent, Attorney Johnson is committed to providing assertive, quality defense for clients charged with felony acts across Texas.

Houston Felony Defense

Far too often, those accused of felony crimes or investigated for involvement in felony acts do not understand their Constitutional rights. They may hesitate to hire a Houston felony lawyer, feeling that seeking legal counsel makes them appear as if they have something to hide. They may speak freely with police, investigators, and legal authorities, feeling that this cooperation will help “clear things up.” However, speaking to investigators without the counsel of a qualified Houston felony attorney is perhaps the most critical mistake one can make in defending against felony criminal charges.

Miranda rights proclaim that anything you say can and will be used against you. Your words may be misconstrued. False or inaccurate confessions may be wheedled from the accused through manipulative interrogation. Hiring a Houston felony lawyer is not an indication of guilt; it is a right deemed so important that it is upheld in the Constitution. Do not speak with police, do not consent to questioning or a search, do not say anything about your case to anyone until you have had a chance to speak with Houston Lawyer Charles Johnson.

Attorney Johnson will not only offer sound legal advice on how to proceed when confronted with questioning, but will protect you from illegal search and seizure and other improper police procedures. He will pursue every avenue for your defense, making sure that you are allowed every option for a positive outcome to your case.

Contact Houston Lawyer Charles Johnson anytime night or day to discuss your case. You can speak with him directly by calling (713) 222-7577. If in fact you or a loved one think you are suspected or arrested for a Felony Crime, don’t wait to contact a lawyer you can trust. Rest assured that The Charles Johnson Law Firm will zealously defend you against any type of Felony Charge.

This table contains information on offenses in Texas statutory law punishable as felonies. The table includes the statute citation for each offense (“Code” and “Section Number” columns), a brief description of the offense (“Offense” column), and the penalty category of the offense (“Felony Category” column).

Many of the offenses included in the table are punishable in multiple felony categories based on certain circumstances of the offense (e.g., the offense is a subsequent offense or a certain amount of money or controlled substance is involved). If an offense is punishable in multiple categories, each felony category connected to the offense has a separate entry in the table. Although a number of the offenses are also punishable as misdemeanors, the table addresses only punishments categorized as felonies.

Code Section Number Offense Felony Category Punishment (nonstandard)
Agriculture Code 14.072 Operating a public grain warehouse without a license 3rd Degree   
Agriculture Code 14.073 Fraud by a public grain warehouse operator 2nd Degree   
Agriculture Code 14.074 Unlawful delivery of grain out of a public grain warehouse 2nd Degree   
Agriculture Code 14.075 Fraudulently issuing a scale weight ticket or receipt 2nd Degree   
Agriculture Code 14.076 Changing a receipt or scale weight ticket after issuance 2nd Degree   
Agriculture Code 14.077 Depositing grain without title 2nd Degree   
Agriculture Code 14.078 Stealing grain or receiving stolen grain 2nd Degree   
Agriculture Code 14.079 Interfering with sealed grain warehouse or Texas Department of Agriculture inspection or investigation 3rd Degree   
Agriculture Code 59.046 False or fictitious written statement relating to the procurement of financial assistance or to a property transaction under the farm & ranch finance program 3rd Degree   
Agriculture Code 59.047 Fraud relating to the farm & ranch finance program 3rd Degree   
Agriculture Code 63.157 Purchase of ammonium nitrate or ammonium nitrate material with the intent to manufacture an explosive device 3rd Degree   
Agriculture Code 76.202 Certain offenses relating to the regulation of pesticides & herbicides 3rd Degree   
Agriculture Code 134.023 Unlawful acquisition of or control over certain cultured species of aquatic animals with intent to deprive the owner 3rd Degree   
Agriculture Code 144.127 Reproduction or destruction of tattoo mark on livestock without the owner’s consent N/A Imprisonment for not less than two years nor more than 12 years
Agriculture Code 144.128 Purchase, sale, or transportation of tattooed livestock without the owner’s consent N/A imprisonment for not less than two years nor more than 12 years
Agriculture Code 147.061 Failure to file or maintain bond required of livestock commission merchants N/A  Fine of not less than $500 nor more than $5,000, imprisonment for not less than one nor more than two years, or both
Agriculture Code 147.064 Appropriation of proceeds of sale made by a livestock commission merchant for a purpose other than remittance to the appropriate person or depository N/A Imprisonment for not less than two years nor more than four years
Agriculture Code 161.141 Movement of certain livestock, fowl, & other animals in violation of quarantine N/A Imprisonment for not less than two years nor more than five years & a fine of not more than $10,000
Alcoholic Beverage Code 54.12 Shipping alcohol without a permit State Jail   
Alcoholic Beverage Code 101.31 Alcoholic beverages in dry areas State Jail   
Alcoholic Beverage Code 103.05 False report by a peace officer regarding the seizure of illicit beverages N/A Imprisonment for not less than two years & not more than five years
Alcoholic Beverage Code 109.532 Unlawful release or disclosure of criminal history information received by the Texas Alcoholic Beverage Commission 2nd Degree   
Alcoholic Beverage Code 206.06 Forgery or counterfeiting of an alcoholic beverage stamp, permit, license, signature, certificate, evidence of tax payment, or other instrument N/A Imprisonment for not less than two nor more than 20 years
Business & Commerce Code 15.22 Certain offenses relating to monopolies, trusts, & conspiracies in restraint of trade N/A Imprisonment for a term of not more than three years, a fine not to exceed $5,000, or both
Business & Commerce Code 16.31 Certain offenses relating to the filing of trademark documents (effective until September 1, 2012) State Jail   
Business & Commerce Code 17.461 Pyramid promotional scheme State Jail   
Business & Commerce Code 251.004 Warehouseman issuing warehouse receipt without control of goods N/A Imprisonment for a term of not more than five years, a fine not to exceed $5,000, or both
Business & Commerce Code 251.005  Warehouseman issuing duplicate or additional warehouse receipt N/A Imprisonment for a term of not more than five years, a fine not to exceed $5,000, or both
Business & Commerce Code 252.004 Agent issuing fraudulent bill of lading N/A Imprisonment for a term of not more than 10 years or less than two years
Business & Commerce Code 252.005 Agent issuing order bill of lading in duplicate or set of parts N/A Imprisonment for a term of not more than five years & a fine not to exceed $5,000
Business & Commerce Code 252.006 Fraudulently inducing issuance of bill of lading N/A Imprisonment for a term of not more than five years or less than two years
Business & Commerce Code 252.007 Fraudulently negotiating or transferring bill of lading N/A Imprisonment for a term of not more than 10 years
Business & Commerce Code 504.002 Using crime victim or motor vehicle accident information for solicitation or sale 3rd Degree   
Business & Commerce Code 522.002 Certain offenses relating to the theft of protected health information by electronic device (effective on September 1, 2012) State Jail  
Business & Commerce Code 621.251 Certain offenses relating to contests & gift giveaways 3rd Degree   
Business & Commerce Code 641.053 Unauthorized operation of recording device in motion picture theater 3rd Degree   
Business & Commerce Code 641.053 Unauthorized operation of recording device in motion picture theater State Jail   
Business Organizations Code 4.008 Filing a false instrument State Jail   
Code of Criminal Procedure 62.102 Failure to comply with registration requirements of the sex offender registration program 2nd Degree   
Code of Criminal Procedure 62.102 Failure to comply with registration requirements of the sex offender registration program 3rd Degree   
Code of Criminal Procedure 62.102 Failure to comply with registration requirements of the sex offender registration program State Jail   
Code of Criminal Procedure 62.203 Failure of individuals subject to civil commitment to comply with requirements of the sex offender registration program 2nd Degree   
Education Code 37.125 Exhibition of firearms on school property or on a school bus 3rd Degree   
Education Code 37.152 Personal hazing offense that causes death of another State Jail   
Education Code 44.051 Interference with operation of foundation school program by tampering with a governmental record 2nd Degree  
Education Code 44.051 Interference with operation of foundation school program by tampering with a governmental record 3rd Degree   
Education Code 1001.56 Unauthorized transfer or possession of certain driver education certificates N/A Imprisonment for a term not to exceed five years
Election Code 2.054 Coercion against candidacy 3rd Degree   
Election Code 13.006 Purportedly acting as agent for a voter registration applicant 3rd Degree   
Election Code 13.145 Unlawful delivery of voter registration certificate by voter registrar 3rd Degree   
Election Code 61.006 Unlawfully divulging vote 3rd Degree   
Election Code 64.012 Illegal voting 2nd Degree  
Election Code 64.012 Attempting to vote illegally State Jail  
Election Code 84.0041 Providing false information on application for early voting ballot State Jail   
Election Code 86.0051 Carrier envelope action by person other than voter State Jail   
Election Code 86.006 Offense relating to the method of returning a marked ballot 2nd Degree   
Election Code 86.006 Offense relating to the method of returning a marked ballot 3rd Degree   
Election Code 86.006 Offense relating to the method of returning a marked ballot State Jail   
Election Code 86.010 Failure to meet requirements relating to assisting a voter State Jail   
Election Code 253.003 Unlawfully making or accepting contribution 3rd Degree   
Election Code 253.094 Unlawful contributions by a corporation or labor organization 3rd Degree   
Election Code 253.101 Unlawful contribution or expenditure by a political committee 3rd Degree   
Election Code 253.102 Coercion by certain entities to influence an election or assist an officeholder 3rd Degree   
Election Code 253.103 Offense relating to corporate loans to candidate, officeholder, or political committee 3rd Degree   
Election Code 253.104 Violation of restriction on contribution to political party during a period beginning 60 days before a general election for state & county officers & continuing through election day 3rd Degree   
Election Code 257.004 Violation of restrictions on contributions during a period beginning 60 days before a general election for state & county officers & continuing through election day 3rd Degree   
Election Code 276.001 Retaliation against voter 3rd Degree   
Election Code 276.003 Unlawful removal of voted ballots from ballot box 3rd Degree   
Election Code 276.010 Unlawful buying & selling of balloting materials State Jail   
Family Code 2.102 Offense relating to parental consent for marriage of underage applicant 3rd Degree   
Family Code 2.202 Conducting certain marriage ceremonies 3rd Degree   
Family Code 160.512 Falsifying genetic evidence in a proceeding to adjudicate parentage 3rd Degree  
Family Code 162.421 Certain offenses relating to disclosing & securing information with regard to a voluntary adoption registry 2nd Degree   
Family Code 162.421 Making a false statement relating to the operation of a voluntary adoption registry 3rd Degree  
Family Code 261.107 False report of child abuse or neglect 3rd Degree   
Family Code 261.107 False report of child abuse or neglect State Jail   
Family Code 261.109 Failure to report child abuse or neglect of certain children State Jail   
Family Code 262.102 Failure to meet requirements relating to removal of alleged perpetrator of child abuse 3rd Degree   
Finance Code 33.108 Concealment, removal, destruction, or falsification of certain bank records & other offenses by a member of the board or by an officer, employee, or shareholder of a state bank 3rd Degree  
Finance Code 33.109 Bank officer or director participation in or approval of certain prohibited state bank transactions with management & affiliates 3rd Degree  
Finance Code 59.002 Slander or libel of a bank State Jail  
Finance Code 122.251 Defamation relating to the financial condition of a credit union 3rd Degree  
Finance Code 122.254 Concealment, removal, destruction, or falsification of credit union records, reports, statements, or other documents 3rd Degree  
Finance Code 151.708 Certain offenses relating to the regulation of money services businesses, including falsification of records or applications & engaging in money transmissions or currency exchanges without a license 3rd Degree  
Finance Code 183.108 Certain offenses relating to the concealment, removal, destruction, or falsification of state trust company records 3rd Degree  
Finance Code 183.109 State trust company officer or director participation in or approval of certain prohibited state trust company transactions with management & affiliates 3rd Degree  
Finance Code 199.001 Slander or libel of a state trust company State Jail  
Government Code 302.034 Legislative bribery relating to the election of speaker of the house of representatives N/A Imprisonment for not less than two years nor more than five years
Government Code 305.031 Payment or acceptance of fees to influence legislation or administrative action that are contingent on the outcome of the legislation or action 3rd Degree  
Government Code 406.017 Representation as an attorney by a notary public 3rd Degree  
Government Code 411.017 Unauthorized acts involving the Department of Public Safety name, insignia, or division name 3rd Degree  
Government Code 411.085 Unauthorized obtaining, use, or disclosure of criminal history record information maintained by the Department of Public Safety 2nd Degree  
Government Code 411.153 Disclosing to an unauthorized recipient certain confidential information relating to the Department of Public Safety’s DNA database system State Jail  
Government Code 414.009 Misuse of information by a Texas Crime Stoppers Council member or employee or a person who accepts a report of criminal activity on behalf of a crime stoppers organization 3rd Degree  
Government Code 466.303 Sale of a state lottery ticket by an unauthorized person 3rd Degree  
Government Code 466.305 Offenses relating to group purchase arrangements of state lottery tickets 3rd Degree  
Government Code 466.306 Altering or forging a state lottery ticket when the prize is greater than $10,000 2nd Degree  
Government Code 466.306 Altering or forging a state lottery ticket 3rd Degree  
Government Code 466.307 Influencing or attempting to influence the selection of the winner of a state lottery game when the prize is greater than $10,000 2nd Degree  
Government Code 466.307 Influencing or attempting to influence the selection of the winner of a state lottery game 3rd Degree  
Government Code 466.308 Claiming a state lottery prize by fraud when the amount claimed is greater than $10,000 2nd Degree  
Government Code 466.308 Claiming a state lottery prize by fraud when the amount claimed is greater than $200 but not more than $10,000 3rd Degree  
Government Code 466.308 Claiming a state lottery prize by fraud when the claimant has previously been convicted of certain lottery offenses 2nd Degree  
Government Code 466.308 Claiming a state lottery prize by fraud when the claimant has previously been convicted of certain lottery offenses 3rd Degree  
Government Code 466.309 Tampering with state lottery equipment 3rd Degree  
Government Code 466.310 Certain transfers of state lottery claims when the prize involved is greater than $10,000 2nd Degree  
Government Code 466.310 Certain transfers of state lottery claims 3rd Degree  
Government Code 466.313 Conspiracy with intent that a state lottery offense be committed Other  
Government Code 557.001 Sedition relating to the overthrow, destruction, or alteration of state government or a political subdivision by force or violence N/A Fine not to exceed $20,000, imprisonment for not less than one year or more than 20 years, or both
Government Code 557.011 Sabotage of any property or facility used or to be used for national defense N/A Imprisonment for not less than two years or more than 20 years
Government Code 618.009 Fraudulent placement of a facsimile signature or seal by a public officer or employee N/A Imprisonment for not less than two years or more than seven years
Government Code 811.102 Defrauding the state employees retirement system N/A Imprisonment for not less than one year or more than five years
Government Code 821.102 Defrauding the teacher retirement system N/A Imprisonment for not less than one year or more than five years
Government Code 2161.23 Applying as a historically underutilized business for an award of a state purchasing or public works contract when applicant is not a historically underutilized business 3rd Degree  
Health & Safety Code 81.085 Failure to obey a rule, order, or instruction as it relates to an area quarantine 3rd Degree  
Health & Safety Code 81.089 Offenses relating to the transport of a communicable disease into the state 3rd Degree  
Health & Safety Code 108.014 Certain offenses relating to access or release of data kept by the Texas Health Care Information Council State Jail  
Health & Safety Code 161.459 Certain offenses relating to delivery sales of cigarettes 3rd Degree  
Health & Safety Code 167.001 Female genital mutilation State Jail  
Health & Safety Code 195.003 Falsification of records relating to vital statistics reporting 3rd Degree  
Health & Safety Code 242.045 Disclosure of unannounced inspections relating to convalescent & nursing homes & related institutions 3rd Degree  
Health & Safety Code 311.022 Discrimination in the denial of emergency services committed by an officer, employee, or medical staff member of a general hospital resulting in death of the person denied 3rd Degree  
Health & Safety Code 365.012 Illegal dumping of certain litter or other solid waste State Jail  
Health & Safety Code 365.016 Disposal of litter, dead animal, sewage, or any chemical in a cave 3rd Degree  
Health & Safety Code 382.214 Sale of vehicle in an accelerated vehicle retirement program with intent to defraud 3rd Degree  
Health & Safety Code 431.059 Certain offenses under the Texas Food, Drug, & Cosmetic Act State Jail  
Health & Safety Code 436.038 Certain offenses relating to the regulation of molluscan shellfish under the Texas Aquatic Life Act Parks & Wildlife Code  
Health & Safety Code 481.112 Manufacture or delivery of a controlled substance in Penalty Group 1 N/A Imprisonment for life or for a term of not more than 99 years or less than 10 years & a fine not to exceed $100,000
Health & Safety Code 481.112 Manufacture or delivery of a controlled substance in Penalty Group 1 N/A Imprisonment for life or for a term of not more than 99 years or less than 15 years & a fine not to exceed $250,000
Health & Safety Code 481.112 Manufacture or delivery of a controlled substance in Penalty Group 1 1st Degree  
Health & Safety Code 481.112 Manufacture or delivery of a controlled substance in Penalty Group 1 2nd Degree  
Health & Safety Code 481.112 Manufacture or delivery of a controlled substance in Penalty Group 1 State Jail  
Health & Safety Code 481.112 Manufacture or delivery of a controlled substance in Penalty Group 1-A N/A Imprisonment for life or for a term of not more than 99 years or less than 15 years & a fine not to exceed $250,000
Health & Safety Code 481.112 Manufacture or delivery of a controlled substance in Penalty Group 1-A 1st Degree  
Health & Safety Code 481.112 Manufacture or delivery of a controlled substance in Penalty Group 1-A 2nd Degree  
Health & Safety Code 481.112 Manufacture or delivery of a controlled substance in Penalty Group 1-A State Jail  
Health & Safety Code 481.113 Manufacture or delivery of a controlled substance in Penalty Group 2 or 2-A N/A Imprisonment for life or for a term of not more than 99 years or less than 10 years & a fine not to exceed $100,000
Health & Safety Code 481.113 Manufacture or delivery of a controlled substance in Penalty Group 2 or 2-A 1st Degree  
Health & Safety Code 481.113 Manufacture or delivery of a controlled substance in Penalty Group 2 or 2-A 2nd Degree  
Health & Safety Code 481.113 Manufacture or delivery of a controlled substance in Penalty Group 2 or 2-A State Jail  
Health & Safety Code 481.114 Manufacture or delivery of a controlled substance in Penalty Group 3 or 4 N/A Imprisonment for life or for a term of not more than 99 years or less than 10 years & a fine not to exceed $100,000
Health & Safety Code 481.114 Manufacture or delivery of a controlled substance in Penalty Group 3 or 4 1st Degree  
Health & Safety Code 481.114 Manufacture or delivery of a controlled substance in Penalty Group 3 or 4 2nd Degree  
Health & Safety Code 481.114 Manufacture or delivery of a controlled substance in Penalty Group 3 or 4 State Jail  
Health & Safety Code 481.115 Possession of a controlled substance in Penalty Group 1 N/A Imprisonment for life or for a term of not more than 99 years or less than 10 years & a fine not to exceed $100,000
Health & Safety Code 481.115 Possession of a controlled substance in Penalty Group 1 1st Degree  
Health & Safety Code 481.115 Possession of a controlled substance in Penalty Group 1 2nd Degree  
Health & Safety Code 481.115 Possession of a controlled substance in Penalty Group 1 3rd Degree  
Health & Safety Code 481.115 Possession of a controlled substance in Penalty Group 1 State Jail  
Health & Safety Code 481.115 Possession of a controlled substance in Penalty Group 1-A N/A Imprisonment for life or for a term of not more than 99 years or less than 15 years & a fine not to exceed $250,000
Health & Safety Code 481.115 Possession of a controlled substance in Penalty Group 1-A 1st Degree  
Health & Safety Code 481.115 Possession of a controlled substance in Penalty Group 1-A 2nd Degree  
Health & Safety Code 481.115 Possession of a controlled substance in Penalty Group 1-A 3rd Degree  
Health & Safety Code 481.115 Possession of a controlled substance in Penalty Group 1-A State Jail  
Health & Safety Code 481.116 Possession of a controlled substance in Penalty Group 2 N/A Imprisonment for life or for a term of not more than 99 years or less than five years & a fine not to exceed $50,000
Health & Safety Code 481.116 Possession of a controlled substance in Penalty Group 2 2nd Degree  
Health & Safety Code 481.116 Possession of a controlled substance in Penalty Group 2 3rd Degree  
Health & Safety Code 481.116 Possession of a controlled substance in Penalty Group 2 State Jail  
Health & Safety Code 481.116 Possession of a controlled substance in Penalty Group 2-A N/A Imprisonment for life or for a term of not more than 99 years or less than five years & a fine not to exceed $50,000
Health & Safety Code 481.116 Possession of a controlled substance in Penalty Group 2-A 2nd Degree  
Health & Safety Code 481.116 Possession of a controlled substance in Penalty Group 2-A 3rd Degree  
Health & Safety Code 481.116 Possession of a controlled substance in Penalty Group 2-A State Jail  
Health & Safety Code 481.117 Possession of a controlled substance in Penalty Group 3 N/A Imprisonment for life or for a term of not more than 99 years or less than five years & a fine not to exceed $50,000
Health & Safety Code 481.117 Possession of a controlled substance in Penalty Group 3 2nd Degree  
Health & Safety Code 481.117 Possession of a controlled substance in Penalty Group 3 3rd Degree  
Health & Safety Code 481.118 Possession of a controlled substance in Penalty Group 4 N/A Imprisonment for life or for a term of not more than 99 years or less than five years & a fine not to exceed $50,000
Health & Safety Code 481.118 Possession of a controlled substance in Penalty Group 4 2nd Degree  
Health & Safety Code 481.118 Possession of a controlled substance in Penalty Group 4 3rd Degree  
Health & Safety Code 481.120 Delivery of marihuana N/A Imprisonment for life or for a term of not more than 99 years or less than 10 years & a fine not to exceed $100,000
Health & Safety Code 481.120 Delivery of marihuana 1st Degree  
Health & Safety Code 481.120 Delivery of marihuana 2nd Degree  
Health & Safety Code 481.120 Delivery of marihuana State Jail  
Health & Safety Code 481.121 Possession of marihuana N/A Imprisonment for life or for a term of not more than 99 years or less than five years & a fine not to exceed $50,000
Health & Safety Code 481.121 Possession of marihuana 2nd Degree  
Health & Safety Code 481.121 Possession of marihuana 3rd Degree  
Health & Safety Code 481.121 Possession of marihuana State Jail  
Health & Safety Code 481.122 Delivery of controlled substance in certain penalty groups or marihuana to child 2nd Degree  
Health & Safety Code 481.124 Possession or transport of certain chemicals with intent to manufacture controlled substance 2nd Degree  
Health & Safety Code 481.124 Possession or transport of certain chemicals with intent to manufacture controlled substance 3rd Degree  
Health & Safety Code 481.124 Possession or transport of certain chemicals with intent to manufacture controlled substance State Jail  
Health & Safety Code 481.125 Possession or transport of anhydrous ammonia; use of or tampering with associated equipment 3rd Degree  
Health & Safety Code 481.125 Possession or delivery of drug paraphernalia State Jail  
Health & Safety Code 481.126 Illegal barter of property, expenditure, or investment of funds derived from the commission of certain offenses under the Texas Controlled Substances Act 1st Degree  
Health & Safety Code 481.126 Illegal barter of property, expenditure, or investment of funds derived from the commission of certain offenses under the Texas Controlled Substances Act 2nd Degree  
Health & Safety Code 481.127 Unauthorized disclosure of information submitted under the official prescription program State Jail  
Health & Safety Code 481.128 Certain offenses under the Texas Controlled Substances Act committed by a registrant or a dispenser of a controlled substance State Jail  
Health & Safety Code 481.129 Diversion of controlled substance by registrants, dispensers, & certain other persons 3rd Degree  
Health & Safety Code 481.129 Diversion of controlled substance by registrants, dispensers, & certain other persons State Jail  
Health & Safety Code 481.129 Fraud as it relates to the Texas Controlled Substances Act 2nd Degree  
Health & Safety Code 481.129 Fraud as it relates to the Texas Controlled Substances Act 3rd Degree  
Health & Safety Code 481.129 Fraud as it relates to the Texas Controlled Substances Act State Jail  
Health & Safety Code 481.131 Diversion of controlled substance property or plant State Jail  
Health & Safety Code 481.134 Certain offenses committed in a drug-free zone Other  
Health & Safety Code 481.136 Unlawful transfer or receipt of chemical precursor 3rd Degree  
Health & Safety Code 481.136 Unlawful transfer or receipt of chemical precursor State Jail  
Health & Safety Code 481.137 Transfer of precursor substance for unlawful manufacture of a controlled substance 3rd Degree  
Health & Safety Code 481.138 Unlawful transfer or receipt of chemical laboratory apparatus 3rd Degree  
Health & Safety Code 481.138 Unlawful transfer or receipt of chemical laboratory apparatus State Jail  
Health & Safety Code 481.139 Transfer of chemical laboratory apparatus for unlawful manufacture of a controlled substance 3rd Degree  
Health & Safety Code 481.140 Use of child in commission of certain offenses under the Texas Controlled Substances Act Other  
Health & Safety Code 481.141 Manufacture or delivery of controlled substance causing death or serious bodily injury Other  
Health & Safety Code 482.002 Unlawful delivery or manufacture with intent to deliver a simulated controlled substance State Jail  
Health & Safety Code 483.042 Unauthorized delivery or offer of delivery of dangerous drug State Jail  
Health & Safety Code 483.043 Unauthorized manufacture of dangerous drug State Jail  
Health & Safety Code 485.032 Delivery of an abusable volatile chemical to a minor State Jail  
Health & Safety Code 508.004 Failure to obey a rule, order, or instruction relating to an area quarantine for an environmental or toxic agent 3rd Degree  
Health & Safety Code 535.014 Certain offenses relating to fraudulently obtaining or attempting to obtain certain support services administered by the Health & Human Services Commission (See Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003, for further in 3rd Degree  
Health & Safety Code 781.403 Certain offenses relating to the regulation of personal emergency response systems 3rd Degree  
Health & Safety Code 822.005 Attack by dog causing death 2nd Degree  
Health & Safety Code 822.005 Attack by dog causing serious bodily injury 3rd Degree  
Health & Safety Code 841.085 Certain offenses relating to a civil commitment requirement by a sexually violent predator 3rd Degree  
Human Resources Code 12.002 Unlawful use of Texas Department of Aging & Disability Services or Texas Department of Family & Protective Services funds (See Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003, for further information regarding health & h N/A Imprisonment for a term of not less than two years or more than seven years
Human Resources Code 32.0391 Certain offenses relating to the medical assistance program State Jail  
Human Resources Code 33.011 Certain offenses relating to food stamp benefit permits or authorizations 3rd Degree  
Human Resources Code 35.012 Certain offenses relating to fraudulently obtaining or attempting to obtain support services for persons with disabilities 3rd Degree  
Human Resources Code 42.0447 False report alleging noncompliance with state standards by certain facilities or homes that provide child-care services State Jail  
Human Resources Code 48.052 Failure to report the abuse, neglect, or exploitation of certain elderly or disabled persons in certain living centers, institutions, or facilities State Jail  
Insurance Code 101.106 Unauthorized practice in the business of insurance 3rd Degree  
Insurance Code 544.401 Certain discriminatory practices in the business of insurance State Jail  
Insurance Code 823.501 Certain offenses relating to the regulation of insurance holding company systems N/A Imprisonment for a term not to exceed five years, fine not to exceed $10,000 per violation, or both
Insurance Code 823.502 False statement on a written instrument required to be filed with the insurance commissioner N/A Imprisonment for a term of not less than two years, fine not to exceed $10,000 per violation, or both
Insurance Code 846.107 The receipt of money or a thing of value by a board member, officer, or employee of a multiple employer welfare arrangement for negotiating, procuring, recommending, or aiding in certain transactions 3rd Degree  
Insurance Code 883.703 False statement or misappropriation relating to certain mutual insurance companies N/A Imprisonment for not less than five years or more than 10 years
Insurance Code 4005.15 Acting as insurance agent after license suspension or revocation N/A Fine not to exceed $5,000, imprisonment for a term of not more than two years, or both
Insurance Code  (Not Codified) 21.47 False statement in certain written insurance instruments 3rd Degree  
Labor Code 61.019 Failure by an employer to pay wages owed to an employee 3rd Degree  
Labor Code 418.001 Fraudulently obtaining or denying workers’ compensation benefits State Jail  
Labor Code 418.002 Fraudulently obtaining workers’ compensation insurance coverage State Jail  
Local Government Code 232.036 Certain offenses relating to subdivision platting requirements in a county near an international border State Jail  
Local Government Code 352.022 Failure by an owner or occupant to comply with an order relating to a fire or life safety hazards inspection or review State Jail  
Local Government Code 392.042 Certain offenses relating to interested commissioners of a housing authority 3rd Degree  
Local Government Code 392.043 Certain offenses relating to interested employees of a housing authority 3rd Degree  
Natural Resources Code 40.251 Fraudulent claim or report of information relating to unauthorized discharge of oil 3rd Degree  
Natural Resources Code 85.389 Unlawful conduct for the purpose of controlling or limiting operation of a gas or oil well or associated equipment 3rd Degree  
Natural Resources Code 88.0531 Violation of provisions relating to accurate measurement of oil or gas 3rd Degree  
Natural Resources Code 88.134 Violation of certain provisions relating to control of oil property N/A Imprisonment for a term of not less than two years nor more than four years
Natural Resources Code 91.143 False applications, reports, & documents & tampering with gauges relating to certain oil & gas wells N/A Imprisonment for a term of not less than two years or more than five years, a fine of not more than $10,000, or both
Natural Resources Code 113.250 False information in report relating to alternative fuels research & education 3rd Degree  
Natural Resources Code 114.102 Certain offenses relating to cargo manifest documents for oil tanker vehicles 3rd Degree  
Natural Resources Code 151.052 Unauthorized harvesting of standing timber 1st Degree  
Natural Resources Code 151.052 Unauthorized harvesting of standing timber 2nd Degree  
Natural Resources Code 151.052 Unauthorized harvesting of standing timber 3rd Degree  
Natural Resources Code 151.052 Unauthorized harvesting of standing timber State Jail  
Natural Resources Code 151.105 Unlawful use of trust money by a timber purchaser who is a trustee of trust money 1st Degree  
Natural Resources Code 151.105 Unlawful use of trust money by a timber purchaser who is a trustee of trust money 2nd Degree  
Natural Resources Code 151.105 Unlawful use of trust money by a timber purchaser who is a trustee of trust money 3rd Degree  
Natural Resources Code 151.105 Unlawful use of trust money by a timber purchaser who is a trustee of trust money State Jail  
Natural Resources Code 161.401 Offenses relating to false instruments in writing in connection with certain transactions involving the Veterans Land Board N/A Imprisonment for a term of not less than two years nor more than 10 years, a fine of not less than $1,000 nor more than $10,000, or both
Natural Resources Code 161.402 Offenses relating to false instruments in writing in connection with certain purchases, sales, & resales of land involving the Veterans Land Board N/A Imprisonment for a term of not less than two years nor more than 10 years, a fine of not less than $1,000 nor more than $10,000, or both
Natural Resources Code 161.403 Defrauding a veteran or the state N/A Imprisonment for a term of not less than two years nor more than 10 years, a fine of not less than $1,000 nor more than $10,000, or both
Natural Resources Code 201.014 Unauthorized altering or defacing of a state-owned cave State Jail  
Natural Resources Code 201.041 Vandalism of cave 3rd Degree  
Natural Resources Code 201.041 Vandalism of cave State Jail  
Natural Resources Code 201.042 Unauthorized sale of speleothems State Jail  
Occupations Code 102.001 Solicitation of patients for or from a state-licensed, certified, or registered health care professional 3rd Degree  
Occupations Code 102.006 Failure to disclose certain information regarding a solicitation to solicited patient 3rd Degree  
Occupations Code 165.152 Practicing medicine in violation of provisions relating to the regulation of physicians 3rd Degree  
Occupations Code 165.153 Practicing medicine without a license or permit & causing physical or psychological harm to a person 3rd Degree  
Occupations Code 165.153 Practicing medicine without a license or permit & causing financial harm to a person State Jail  
Occupations Code 165.154 Performing surgery while intoxicated State Jail  
Occupations Code 201.605 Practicing chiropractic without a license 3rd Degree  
Occupations Code 201.606 Providing chiropractic treatment or services while intoxicated State Jail  
Occupations Code 204.352 Acting as or holding one’s self out to be a physician assistant without a license 3rd Degree  
Occupations Code 205.401 Practicing acupuncture without a license 3rd Degree  
Occupations Code 264.151 Certain offenses related to the practice of dentistry, dental surgery, & dental hygiene without a license 3rd Degree  
Occupations Code 266.303 Offenses relating to certain dental laboratory services 3rd Degree  
Occupations Code 301.554 Certain offenses relating to the unauthorized acquisition of a nursing license & to practicing without a nursing license 3rd Degree  
Occupations Code 455.352 Certain offenses relating to the regulation of massage therapy State Jail  
Occupations Code 901.602 Certain offenses relating to the regulation of accountants 2nd Degree  
Occupations Code 901.602 Certain offenses relating to the regulation of accountants 3rd Degree  
Occupations Code 901.602 Certain offenses relating to the regulation of accountants State Jail  
Occupations Code 1701.55 Appointment, employment, or retention of certain law enforcement officers with certain convictions State Jail  
Occupations Code 1702.38 Falsification of certain documents in an application for a private security license 3rd Degree  
Occupations Code 1702.39 Unauthorized contract with or employment by bail bond surety State Jail  
Occupations Code 1702.39 Certain offenses relating to execution of capias or arrest warrant State Jail  
Occupations Code 1702.39 Certain offenses relating to the regulation of private security 3rd Degree  
Occupations Code 1956.040 Selling stolen regulated metal material State jail  
Occupations Code 1956.040 Selling stolen regulated metal material 3rd Degree  
Occupations Code 1956.040 Certain offenses relating to the regulation of metal recycling entities State Jail  
Occupations Code 2001.55 Unlawful conduct or promotion of bingo 3rd Degree  
Occupations Code 2001.55 Fraudulent award of bingo prizes 3rd Degree  
Occupations Code 2051.5 Certain offenses relating to the regulation of athlete agents 3rd Degree  
Occupations Code 2153.36 Obtaining a license for a coin-operated machine by fraud 2nd Degree  
Occupations Code 2153.36 Certain offenses relating to the regulation of a coin-operated machine 3rd Degree  
Occupations Code 2302.35 Certain offenses relating to the regulation of salvage vehicle dealers State Jail  
Parks & Wildlife Code 31.127 Failure of a watercraft operator to render aid & provide identification information following certain collisions or accidents Parks & Wildlife Code  
Parks & Wildlife Code 43.111 Violation of provisions or regulations relating to permits to manage wildlife & exotic animals from aircraft Parks & Wildlife Code  
Parks & Wildlife Code 61.022 Taking wildlife resources without consent of landowner Parks & Wildlife Code  
Parks & Wildlife Code 61.022 Taking wildlife resources without consent of landowner Parks & Wildlife Code State Jail  
Parks & Wildlife Code 62.013 Certain hunting offenses Parks & Wildlife Code State Jail  
Parks & Wildlife Code 62.107 Violation of provisions relating to unlawful controlled killing of or attempting to injure dangerous wild animals Parks & Wildlife Code  
Parks & Wildlife Code 63.104 Illegal possession, transportation, receipt, or release of a live wolf Parks & Wildlife Code  
Parks & Wildlife Code 66.012 Taking of fish by electric shock Parks & Wildlife Code  
Parks & Wildlife Code 66.012 Unauthorized introduction of fish, shellfish, & aquatic plants Parks & Wildlife Code  
Parks & Wildlife Code 76.040 Theft of oysters from private bed or interference with buoys or markers Parks & Wildlife Code  
Parks & Wildlife Code 76.118 Certain oyster license offenses Parks & Wildlife Code  
Parks & Wildlife Code 76.118 Taking oysters from restricted areas Parks & Wildlife Code State Jail  
Parks & Wildlife Code 66.023 Fraud in fishing tournament 3rd Degree  
Penal Code 12.42 Penalties for repeat & habitual felony offenders on trial for first, second, or 3rd Degree felony Other  
Penal Code 12.425 Penalties for repeat & habitual felony offenders on trial for state jail felony Other  
Penal Code 12.43 Penalties for repeat & habitual misdemeanor offenders Other  
Penal Code 12.44 Reduction of state jail felony punishment to misdemeanor punishment Other  
Penal Code 12.47 Penalty if offense committed because of bias or prejudice Other  
Penal Code 12.48 Certain offenses resulting in loss to nursing & convalescent homes Other  
Penal Code 12.49 Penalty if controlled substance used to commit offense Other  
Penal Code 12.50 Penalty if offense committed in disaster area or evacuated area Other  
Penal Code 12.51 Authorized punishments for corporations & associations Other  
Penal Code 15.01 Criminal attempt Other  
Penal Code 15.02 Criminal conspiracy Other  
Penal Code 15.03 Criminal solicitation Other  
Penal Code 15.031 Criminal solicitation of a minor Other  
Penal Code 16.01 Unlawful use of criminal instrument or mechanical security device Other  
Penal Code 16.01 Unlawful use of criminal instrument or mechanical security device State Jail  
Penal Code 16.02 Unlawful interception, use, or disclosure of wire, oral, or electronic communications 2nd Degree   
Penal Code 16.02 Unlawful interception, use, or disclosure of wire, oral, or electronic communications State Jail   
Penal Code 16.03 Unlawful use of pen register or trap & trace device State Jail   
Penal Code 16.04 Unlawful access to stored communications State Jail   
Penal Code 16.05 Illegal divulgence of public communications State Jail   
Penal Code 19.02 Murder 1st Degree   
Penal Code 19.02 Murder 2nd Degree   
Penal Code 19.03 Capital murder Capital   
Penal Code 19.04 Manslaughter 2nd Degree   
Penal Code 19.05 Criminally negligent homicide State Jail   
Penal Code 20.02 Unlawful restraint 3rd Degree   
Penal Code 20.02 Unlawful restraint State Jail   
Penal Code 20.03 Kidnapping 3rd Degree   
Penal Code 20.04 Aggravated kidnapping 1st Degree   
Penal Code 20.04 Aggravated kidnapping 2nd Degree   
Penal Code 20.05 Smuggling of persons 3rd Degree  
Penal Code 20.05 Smuggling of persons State Jail   
Penal Code 20A.02 Trafficking of persons 1st Degree   
Penal Code 20A.02 Trafficking of persons 2nd Degree  
Penal Code 20A.03 Continuous trafficking of persons 1st Degree Imprisonment for life or for not more than 99 years or less than 25 years
Penal Code 21.02 Continuous sexual abuse of young child or children 1st Degree Imprisonment for life or for not more than 99 years or less than 25 years
Penal Code 21.11 Indecency with a child 2nd Degree   
Penal Code 21.11 Indecency with a child 3rd Degree   
Penal Code 21.12 Improper relationship between educator & student 2nd Degree   
Penal Code 21.15 Improper photography or visual recording State Jail   
Penal Code 22.01 Assault 2nd Degree  
Penal Code 22.01 Assault 3rd Degree   
Penal Code 22.011 Sexual assault 1st Degree   
Penal Code 22.011 Sexual assault 2nd Degree   
Penal Code 22.02 Aggravated assault 1st Degree   
Penal Code 22.02 Aggravated assault 2nd Degree   
Penal Code 22.021 Aggravated sexual assault 1st Degree   
Penal Code 22.04 Injury to a child, elderly individual, or disabled individual 1st Degree   
Penal Code 22.04 Injury to a child, elderly individual, or disabled individual 2nd Degree   
Penal Code 22.04 Injury to a child, elderly individual, or disabled individual 3rd Degree   
Penal Code 22.04 Injury to a child, elderly individual, or disabled individual State Jail   
Penal Code 22.041 Abandoning or endangering child 2nd Degree   
Penal Code 22.041 Abandoning or endangering child 3rd Degree   
Penal Code 22.041 Abandoning or endangering child State Jail   
Penal Code 22.05 Deadly conduct 3rd Degree   
Penal Code 22.07 Terroristic threat 3rd Degree   
Penal Code 22.07 Terroristic threat State Jail   
Penal Code 22.08 Aiding suicide State Jail   
Penal Code 22.09 Tampering with consumer product 1st Degree   
Penal Code 22.09 Tampering with consumer product 2nd Degree   
Penal Code 22.09 Tampering with consumer product 3rd Degree   
Penal Code 22.11 Harassment by persons in certain correctional facilities & harassment of a public servant 3rd Degree   
Penal Code 25.01 Bigamy 1st Degree   
Penal Code 25.01 Bigamy 2nd Degree   
Penal Code 25.01 Bigamy 3rd Degree   
Penal Code 25.02 Prohibited sexual conduct 2nd Degree   
Penal Code 25.02 Prohibited sexual conduct 3rd Degree   
Penal Code 25.03 Interference with child custody State Jail   
Penal Code 25.031 Agreement to abduct from custody for remuneration State Jail   
Penal Code 25.04 Enticing a child 3rd Degree   
Penal Code 25.05 Criminal nonsupport State Jail   
Penal Code 25.07 Violation of certain court orders or conditions of bond in a family violence case 3rd Degree   
Penal Code 25.071 Violation of protective order preventing offense caused by bias or prejudice 3rd Degree   
Penal Code 25.08 Sale or purchase of child 2nd Degree   
Penal Code 25.08 Sale or purchase of child 3rd Degree   
Penal Code 25.09 Advertising for placement of child 3rd Degree   
Penal Code 25.10 Interference with rights of guardian of the person State Jail   
Penal Code 25.11 Continuous violence against the family 3rd Degree   
Penal Code 28.02 Arson 1st Degree   
Penal Code 28.02 Arson 2nd Degree   
Penal Code 28.02 Arson 3rd Degree   
Penal Code 28.02 Arson State Jail   
Penal Code 28.03 Criminal mischief 1st Degree   
Penal Code 28.03 Criminal mischief 2nd Degree   
Penal Code 28.03 Criminal mischief 3rd Degree   
Penal Code 28.03 Criminal mischief State Jail   
Penal Code 28.07 Interference with railroad property 1st Degree   
Penal Code 28.07 Interference with railroad property 2nd Degree   
Penal Code 28.07 Interference with railroad property 3rd Degree   
Penal Code 28.07 Interference with railroad property State Jail   
Penal Code 28.08 Graffiti 1st Degree   
Penal Code 28.08 Graffiti 2nd Degree   
Penal Code 28.08 Graffiti 3rd Degree   
Penal Code 28.08 Graffiti State Jail   
Penal Code 29.02 Robbery 2nd Degree   
Penal Code 29.03 Aggravated robbery 1st Degree   
Penal Code 30.02 Burglary 1st Degree   
Penal Code 30.02 Burglary 2nd Degree   
Penal Code 30.02 Burglary State Jail   
Penal Code 30.04 Burglary of a vehicle State Jail   
Penal Code 31.03 Theft 1st Degree   
Penal Code 31.03 Theft 2nd Degree   
Penal Code 31.03 Theft 3rd Degree   
Penal Code 31.03 Theft State Jail   
Penal Code 31.04 Theft of service 1st Degree   
Penal Code 31.04 Theft of service 2nd Degree   
Penal Code 31.04 Theft of service 3rd Degree   
Penal Code 31.04 Theft of service State Jail   
Penal Code 31.05 Theft of trade secrets 3rd Degree   
Penal Code 31.07 Unauthorized use of a vehicle State Jail   
Penal Code 31.16 Organized retail theft 1st Degree   
Penal Code 31.16 Organized retail theft 2nd Degree   
Penal Code 31.16 Organized retail theft 3rd Degree   
Penal Code 31.16 Organized retail theft State Jail   
Penal Code 32.21 Forgery 2nd Degree  
Penal Code 32.21 Forgery 3rd Degree   
Penal Code 32.21 Forgery State Jail   
Penal Code 32.23 Trademark counterfeiting 1st Degree   
Penal Code 32.23 Trademark counterfeiting 2nd Degree   
Penal Code 32.23 Trademark counterfeiting 3rd Degree   
Penal Code 32.23 Trademark counterfeiting State Jail   
Penal Code 32.31 Credit card or debit card abuse 3rd Degree   
Penal Code 32.31 Credit card or debit card abuse State Jail   
Penal Code 32.32 False statement to obtain property or credit or in the provision of certain services 1st Degree   
Penal Code 32.32 False statement to obtain property or credit or in the provision of certain services 2nd Degree   
Penal Code 32.32 False statement to obtain property or credit or in the provision of certain services 3rd Degree   
Penal Code 32.32 False statement to obtain property or credit or in the provision of certain services State Jail   
Penal Code 32.33 Hindering secured creditors 1st Degree   
Penal Code 32.33 Hindering secured creditors 2nd Degree   
Penal Code 32.33 Hindering secured creditors 3rd Degree   
Penal Code 32.33 Hindering secured creditors State Jail   
Penal Code 32.34 Fraudulent transfer of a motor vehicle 3rd Degree   
Penal Code 32.34 Fraudulent transfer of a motor vehicle State Jail   
Penal Code 32.35 Credit card transaction record laundering 1st Degree   
Penal Code 32.35 Credit card transaction record laundering 2nd Degree   
Penal Code 32.35 Credit card transaction record laundering 3rd Degree   
Penal Code 32.35 Credit card transaction record laundering State Jail   
Penal Code 32.43 Commercial bribery State Jail   
Penal Code 32.441 Illegal recruitment of an athlete 1st Degree   
Penal Code 32.441 Illegal recruitment of an athlete 2nd Degree   
Penal Code 32.441 Illegal recruitment of an athlete 3rd Degree   
Penal Code 32.441 Illegal recruitment of an athlete State Jail   
Penal Code 32.45 Misapplication of fiduciary property or property of financial institution 1st Degree   
Penal Code 32.45 Misapplication of fiduciary property or property of financial institution 2nd Degree   
Penal Code 32.45 Misapplication of fiduciary property or property of financial institution 3rd Degree   
Penal Code 32.45 Misapplication of fiduciary property or property of financial institution State Jail   
Penal Code 32.46 Securing execution of document by deception 1st Degree   
Penal Code 32.46 Securing execution of document by deception 2nd Degree   
Penal Code 32.46 Securing execution of document by deception 3rd Degree   
Penal Code 32.46 Securing execution of document by deception State Jail   
Penal Code 32.47 Fraudulent destruction, removal, or concealment of writing State Jail   
Penal Code 32.48 Simulating legal process State Jail   
Penal Code 32.51 Fraudulent use or possession of identifying information 1st Degree   
Penal Code 32.51 Fraudulent use or possession of identifying information 2nd Degree   
Penal Code 32.51 Fraudulent use or possession of identifying information 3rd Degree   
Penal Code 32.51 Fraudulent use or possession of identifying information State Jail   
Penal Code 32.53 Exploitation of child, elderly individual, or disabled individual 3rd Degree  
Penal Code 33.02 Breach of computer security 1st Degree   
Penal Code 33.02 Breach of computer security 2nd Degree   
Penal Code 33.02 Breach of computer security 3rd Degree   
Penal Code 33.02 Breach of computer security State Jail   
Penal Code 33.021 Online solicitation of a minor 2nd Degree   
Penal Code 33.021 Online solicitation of a minor 3rd Degree  
Penal Code 33.05 Tampering with direct recording electronic voting machine 1st Degree   
Penal Code 33.05 Tampering with direct recording electronic voting machine 3rd Degree   
Penal Code 33.07 Unauthorized online impersonation 3rd Degree   
Penal Code 33A.02 Unauthorized use of telecommunications service 1st Degree   
Penal Code 33A.02 Unauthorized use of telecommunications service 2nd Degree   
Penal Code 33A.02 Unauthorized use of telecommunications service 3rd Degree   
Penal Code 33A.02 Unauthorized use of telecommunications service State Jail   
Penal Code 33A.03 Manufacture, possession, or delivery of unlawful telecommunications device 3rd Degree   
Penal Code 33A.04 Theft of telecommunications service 1st Degree   
Penal Code 33A.04 Theft of telecommunications service 2nd Degree   
Penal Code 33A.04 Theft of telecommunications service 3rd Degree   
Penal Code 33A.04 Theft of telecommunications service State Jail   
Penal Code 33A.05 Publication of telecommunications access device 3rd Degree   
Penal Code 34.02 Money laundering 1st Degree   
Penal Code 34.02 Money laundering 2nd Degree   
Penal Code 34.02 Money laundering 3rd Degree   
Penal Code 34.02 Money laundering State Jail   
Penal Code 35.02 Insurance fraud 1st Degree   
Penal Code 35.02 Insurance fraud 2nd Degree   
Penal Code 35.02 Insurance fraud 3rd Degree   
Penal Code 35.02 Insurance fraud State Jail   
Penal Code 35A.02 Medicaid fraud 1st Degree   
Penal Code 35A.02 Medicaid fraud 2nd Degree   
Penal Code 35A.02 Medicaid fraud 3rd Degree   
Penal Code 35A.02 Medicaid fraud State Jail   
Penal Code 36.02 Bribery 2nd Degree   
Penal Code 36.03 Coercion of public servant or voter 3rd Degree   
Penal Code 36.05 Tampering with witness Other  
Penal Code 36.06 Obstruction or retaliation 2nd Degree   
Penal Code 36.06 Obstruction or retaliation 3rd Degree   
Penal Code 37.03 Aggravated perjury 3rd Degree   
Penal Code 37.09 Tampering with or fabricating physical evidence 2nd Degree   
Penal Code 37.09 Tampering with or fabricating physical evidence 3rd Degree   
Penal Code 37.10 Tampering with governmental record 2nd Degree   
Penal Code 37.10 Tampering with governmental record 3rd Degree   
Penal Code 37.10 Tampering with governmental record State Jail   
Penal Code 37.101 Fraudulent filing of financing statement 2nd Degree   
Penal Code 37.101 Fraudulent filing of financing statement 3rd Degree   
Penal Code 37.101 Fraudulent filing of financing statement State Jail   
Penal Code 37.11 Impersonating public servant 3rd Degree   
Penal Code 37.13 Making, presenting, or using a record of a fraudulent court 3rd Degree   
Penal Code 37.14 False statement regarding child custody determination made in foreign country 3rd Degree  
Penal Code 38.03 Resisting arrest, search, or transportation 3rd Degree   
Penal Code 38.04 Evading arrest or detention 2nd Degree   
Penal Code 38.04 Evading arrest or detention 3rd Degree   
Penal Code 38.04 Evading arrest or detention State Jail   
Penal Code 38.05 Hindering apprehension or prosecution 3rd Degree   
Penal Code 38.06 Escape 1st Degree   
Penal Code 38.06 Escape 2nd Degree   
Penal Code 38.06 Escape 3rd Degree   
Penal Code 38.07 Permitting or facilitating escape 2nd Degree   
Penal Code 38.07 Permitting or facilitating escape 3rd Degree   
Penal Code 38.09 Implements for escape 2nd Degree   
Penal Code 38.09 Implements for escape 3rd Degree   
Penal Code 38.10 Bail jumping & failure to appear 3rd Degree   
Penal Code 38.11 Relating to prohibited substances & items in a correctional facility 3rd Degree   
Penal Code 38.111 Improper contact with victim 3rd Degree   
Penal Code 38.113 Unauthorized absence from community corrections facility, county correctional center, or assignment site State Jail   
Penal Code 38.12 Barratry & solicitation of professional employment 3rd Degree   
Penal Code 38.122 Falsely holding oneself out as a lawyer 3rd Degree   
Penal Code 38.123 Unauthorized practice of law 3rd Degree  
Penal Code 38.14 Taking or attempting to take weapon from peace officer, federal special investigator, employee or official of correctional facility, parole officer, community supervision & corrections department officer, or commissioned security officer 3rd Degree  
Penal Code 38.14 Taking or attempting to take weapon from peace officer, federal special investigator, employee or official of correctional facility, parole officer, community supervision & corrections department officer, or commissioned security officer State Jail  
Penal Code 38.151 Interference with police service animals 2nd Degree  
Penal Code 38.151 Interference with police service animals State Jail  
Penal Code 38.152 Interference with radio frequency licensed to government entity State Jail  
Penal Code 39.02 Abuse of official capacity 1st Degree  
Penal Code 39.02 Abuse of official capacity 2nd Degree  
Penal Code 39.02 Abuse of official capacity 3rd Degree  
Penal Code 39.02 Abuse of official capacity State Jail  
Penal Code 39.04 Violations of the civil rights of person in custody & improper sexual activity with person in custody 2nd Degree  
Penal Code 39.04 Violations of the civil rights of person in custody & improper sexual activity with person in custody State Jail  
Penal Code 39.06 Misuse of official information 3rd Degree  
Penal Code 42.06 False alarm or report State Jail  
Penal Code 42.062 Interference with emergency telephone call State Jail  
Penal Code 42.072 Stalking 2nd Degree  
Penal Code 42.072 Stalking 3rd Degree  
Penal Code 42.09 Cruelty to livestock animals 3rd Degree  
Penal Code 42.09 Cruelty to livestock animals State Jail  
Penal Code 42.091 Attack on assistance animal 3rd Degree  
Penal Code 42.091 Attack on assistance animal State Jail  
Penal Code 42.092 Cruelty to nonlivestock animals 3rd Degree  
Penal Code 42.092 Cruelty to nonlivestock animals State Jail   
Penal Code 42.10 Dog fighting State Jail  
Penal Code 42.105 Cockfighting State Jail  
Penal Code 43.02 Prostitution 2nd Degree  
Penal Code 43.02 Prostitution 3rd Degree  
Penal Code 43.02 Prostitution State Jail  
Penal Code 43.04 Aggravated promotion of prostitution 3rd Degree  
Penal Code 43.05 Compelling prostitution 1st Degree  
Penal Code 43.05 Compelling prostitution 2nd Degree  
Penal Code 43.23 Obscenity 3rd Degree  
Penal Code 43.23 Obscenity State Jail  
Penal Code 43.24 Sale, distribution, or display of harmful material to minor 3rd Degree  
Penal Code 43.25 Sexual performance by a child 1st Degree  
Penal Code 43.25 Sexual performance by a child 2nd Degree  
Penal Code 43.25 Sexual performance by a child 3rd Degree  
Penal Code 43.251 Employment harmful to children relating to obscenity 1st Degree  
Penal Code 43.251 Employment harmful to children relating to obscenity 2nd Degree  
Penal Code 43.251 Employment harmful to children relating to obscenity 3rd Degree  
Penal Code 43.251 Employment harmful to children relating to obscenity State Jail  
Penal Code 43.26 Possession or promotion of child pornography 2nd Degree  
Penal Code 43.26 Possession or promotion of child pornography 3rd Degree  
Penal Code 46.02 Unlawful carrying weapons 3rd Degree  
Penal Code 46.03 Possession of weapon where prohibited 3rd Degree  
Penal Code 46.035 Unlawful carrying of handgun by handgun license holder 3rd Degree  
Penal Code 46.04 Unlawful possession of firearm 3rd Degree  
Penal Code 46.041 Unlawful possession of metal or body armor by felon 3rd Degree  
Penal Code 46.05 Possession, manufacture, transport, repair, or sale of prohibited weapons 3rd Degree  
Penal Code 46.05 Possession, manufacture, transport, repair, or sale of prohibited weapons State Jail  
Penal Code 46.06 Unlawful transfer of certain weapons State Jail  
Penal Code 46.09 Possession of components of an explosive weapon 3rd Degree  
Penal Code 46.10 Possession of deadly weapon while confined in penal institution 3rd Degree  
Penal Code 46.11 Offense committed within a weapon-free zone Other  
Penal Code 46.14 Firearm smuggling 2nd Degree  
Penal Code 46.14 Firearm smuggling 3rd Degree  
Penal Code 49.045 Driving while intoxicated with child passenger State Jail  
Penal Code 49.07 Intoxication assault 3rd Degree  
Penal Code 49.08 Intoxication manslaughter 2nd Degree  
Penal Code 49.09 Enhanced offenses & penalties relating to intoxication Other  
Penal Code 71.02 Engaging in organized criminal activity Other  
Penal Code 71.022 Coercing, inducing, or soliciting membership in a criminal street gang 2nd Degree  
Penal Code 71.022 Coercing, inducing, or soliciting membership in a criminal street gang 3rd Degree  
Penal Code 71.023 Directing activities of certain criminal street gangs 1st Degree  
Penal Code 71.028 Offenses committed in gang-free zones Other  
Property Code 162.032 Misapplication of trust funds of $500 or more with intent to defraud 3rd Degree  
Tax Code 151.703 Failure to pay limited sales, excise, & use taxes collected 1st Degree  
Tax Code 151.703 Failure to pay limited sales, excise, & use taxes collected 2nd Degree  
Tax Code 151.703 Failure to pay limited sales, excise, & use taxes collected 3rd Degree  
Tax Code 151.703 Failure to pay limited sales, excise, & use taxes collected State Jail  
Tax Code 151.707 Falsification or fraudulent alteration of a resale or exemption certificate in connection with the limited sales, excise, & use tax 2nd Degree  
Tax Code 151.707 Falsification or fraudulent alteration of a resale or exemption certificate in connection with the limited sales, excise, & use tax 3rd Degree  
Tax Code 151.708 Failure to produce certain records after using resale certificate 2nd Degree  
Tax Code 151.708 Failure to produce certain records after using resale certificate 3rd Degree  
Tax Code 151.71 Making a false entry or failing to enter in records relating to the limited sales, excise, & use tax 3rd Degree  
Tax Code 152.101 Signing a false statement or certificate relating to taxes on the sale, rental, & use of motor vehicles 3rd Degree  
Tax Code 152.104 Failure to remit the motor vehicle sales tax 1st Degree  
Tax Code 152.104 Failure to remit the motor vehicle sales tax 2nd Degree  
Tax Code 152.104 Failure to remit the motor vehicle sales tax 3rd Degree  
Tax Code 152.104 Failure to remit the motor vehicle sales tax State Jail  
Tax Code 154.517 Certain cigarette tax offenses 3rd Degree  
Tax Code 154.520 Certain offenses relating to counterfeit stamps & the cigarette tax N/A Imprisonment for not less than two years nor more than 20 years
Tax Code 155.213 Certain offenses relating to the cigar & tobacco products tax 3rd Degree  
Tax Code 159.201 Possession of taxable controlled substance on which the tax is unpaid 3rd Degree  
Tax Code 159.202 Certain offenses relating to counterfeit tax payment certificates & the controlled substances tax 3rd Degree  
Tax Code 159.203 Certain offenses relating to previously used tax payment certificates & the controlled substances tax 3rd Degree  
Tax Code 162.405 Certain motor fuel tax offenses 2nd Degree  
Tax Code 162.405 Certain motor fuel tax offenses 3rd Degree  
Tax Code 171.363 Certain offenses relating to wilful & fraudulent acts relating to the franchise tax 3rd Degree  
Transportation Code 24.011 Failure to properly register aircraft 3rd Degree  
Transportation Code 24.012 Failure to clearly display aircraft identification numbers on an aircraft 3rd Degree  
Transportation Code 24.013 Operating an aircraft with noncompliant fuel containers 3rd Degree  
Transportation Code 501.109 Certain offenses relating to nonrepairable & salvage motor vehicles State Jail  
Transportation Code 501.151 Placement of serial number with intent to change identity of a motor vehicle 3rd Degree  
Transportation Code 501.155 False name, false information, & forgery in connection with a certificate of title for a motor vehicle 3rd Degree  
Transportation Code 502.410 Falsification or forgery in relation to the registration of vehicles 3rd Degree  
Transportation Code 503.094 Unauthorized reproduction of temporary motor vehicle tags State Jail  
Transportation Code 521.456 Delivery or manufacture of counterfeit driver’s license, personal identification certificate, or other instrument 3rd Degree  
Transportation Code 521.457 Conspiring to manufacture counterfeit license or certificate 3rd Degree  
Transportation Code 521.457 Conspiring to manufacture counterfeit license or certificate State Jail  
Transportation Code 545.066 Passing a school bus State Jail  
Transportation Code 545.420 Racing on a highway 2nd Degree  
Transportation Code 545.420 Racing on a highway 3rd Degree  
Transportation Code 545.420 Racing on a highway State Jail  
Transportation Code 547.614 Certain offenses relating to the installation, alteration, or manufacture of airbags 2nd Degree  
Transportation Code 547.614 Certain offenses relating to the installation, alteration, or manufacture of airbags 3rd Degree  
Transportation Code 548.603 Making or possessing a fictitious or counterfeit inspection certificate or insurance document 2nd Degree  
Transportation Code 548.603 Making or possessing a fictitious or counterfeit inspection certificate or insurance document 3rd Degree  
Transportation Code 548.604 Fraudulent emissions inspection of motor vehicle State Jail  
Transportation Code 550.021 Leaving the scene of an accident resulting in death or serious bodily injury 3rd Degree  
Transportation Code 550.021 Leaving the scene of an accident resulting in injury N/A Imprisonment in the Texas Department of Criminal Justice for not more than five years or in the county jail for not more than one year, a fine not to exceed $5,000, or both
Utilities Code 15.030 Certain offenses relating to the Public Utility Regulatory Act 3rd Degree  
Utilities Code 105.024 Certain offenses relating to the Gas Utility Regulatory Act 3rd Degree  
Utilities Code 186.032 Fraudulently obtaining telecommunications services N/A Fine of not more than $5,000, imprisonment for not less than two years & not more than five years, or both
Vernon’s Civil Statutes  Art. 179e, Sec. 14.01 Touting or making a false statement or conveying false information about a greyhound or horse race State Jail  
Vernon’s Civil Statutes Art. 179e, Sec. 14.05 Wagering on a horse or greyhound race conducted on Indian lands 3rd Degree  
Vernon’s Civil Statutes Art. 179e, Sec. 14.06 False statements material to a Texas Racing Commission action relating to a racetrack license 3rd Degree  
Vernon’s Civil Statutes Art. 179e, Sec. 14.06 False statements relating to an investigation or the exercise of authorized discretion under the Texas Racing Act State Jail  
Vernon’s Civil Statutes Art. 179e, Sec. 14.08 Forging pari-mutuel ticket 3rd Degree  
Vernon’s Civil Statutes Art. 179e, Sec. 14.10 Unlawful influence on racing, use of prohibited device or substance 3rd Degree  
Vernon’s Civil Statutes Art. 179e, Sec. 14.10 Unlawful influence on racing, possession of prohibited device or substance State Jail  
Vernon’s Civil Statutes  Art. 179e, Sec. 14.11 Bribery & corrupt influence relating to a horse or greyhound race 3rd Degree  
Vernon’s Civil Statutes Art. 179e, Sec. 14.11 Bribery & corrupt influence relating to a horse or greyhound race State Jail  
Vernon’s Civil Statutes Art. 179e, Sec. 14.15 Pari-mutuel racing without a license State Jail  
Vernon’s Civil Statutes Art. 179e, Sec. 14.16 Conducting a horse or greyhound race without a racetrack license 3rd Degree  
Vernon’s Civil Statutes Art. 179e, Sec. 15.01 Violation of a penal offense of the Texas Racing Act with no specific penalty State Jail  
Vernon’s Civil Statutes Art. 581-29 Certain offenses relating to dealing in securities or rendering services as an investment adviser or investment adviser representative 1st Degree  
Vernon’s Civil Statutes Art. 581-29 Certain offenses relating to dealing in securities or rendering services as an investment adviser or investment adviser representative 2nd Degree  
Vernon’s Civil Statutes Art. 581-29 Certain offenses relating to dealing in securities or rendering services as an investment adviser or investment adviser representative 3rd Degree  
Vernon’s Civil Statutes Art. 581-29 Dealing in securities without being a registered dealer or agent 3rd Degree  
Vernon’s Civil Statutes Art. 581-29 Dealing in certain unauthorized securities 3rd Degree  
Vernon’s Civil Statutes Art. 581-29 Violating certain cease & desist orders issued by the securities commissioner 3rd Degree  
Vernon’s Civil Statutes Art. 581-29 Making a false or misleading statement in a filed document or proceeding under the Securities Act 3rd Degree  
Vernon’s Civil Statutes Art. 581-29 Rendering services as an investment adviser or investment adviser representative without the required registration 3rd Degree  
Vernon’s Civil Statutes Art. 581-29 Making a false statement or representation concerning a Securities Act registration or exemption State Jail  
Vernon’s Civil Statutes Art. 581-29 Making an offer of a security not in compliance with applicable requirements State Jail  
Vernon’s Civil Statutes Art. 581-29 Making an offer of a security prohibited by a certain cease publication order State Jail  
Vernon’s Civil Statutes Art. 1446a, Sec. 5 Sabotage of public utilities N/A Imprisonment in the state penitentiary for not less than two years nor more than five years
Vernon’s Civil Statutes Art. 1446a, Sec. 5-a Conspiracy to sabotage public utilities N/A Imprisonment in the state penitentiary for not less than two years nor more than five years
Vernon’s Civil Statutes Art. 5190.14, Sec. 11 Bribery as it relates to certain sporting games & events, including the 2011 Pan American Games & the 2012 Olympic Games 2nd Degree  
Vernon’s Civil Statutes Art. 6215 Offenses relating to the payment of certain pensions N/A Fine of not less than $100, imprisonment in the county jail for not less than three months, or imprisonment in the penitentiary for not less than one year
Vernon’s Civil Statutes Art. 8656 Entering into or assisting in making certain contracts of sale for the future delivery of cotton, grain, stocks, or other commodities, or maintaining a bucket shop N/A Imprisonment in the penitentiary not exceeding two years
Water Code 7.155 Falsification of a record or report concerning the prevention or cleanup of a discharge or spill of a hazardous substance into state waters 3rd Degree  
Water Code 13.415 Certain offenses relating to water rates & services 3rd Degree  
Water Code 26.3574 Certain offenses relating to the delivery of certain petroleum products 2nd Degree  
Water Code 26.3574 Certain offenses relating to the delivery of certain petroleum products 3rd Degree


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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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Houston Lawyer: Arrested For Child Pornography?

Top Houston Criminal Defense Lawyer

Houston Lawyer Charles Johnson aggressively defends clients charged with a sexual offense. He handles all sexual offense charges, whether in state or federal court, and whether the sex crime allegations are against children or adults.

Parties in contentious divorce or custody proceedings have been known to encourage children to say the other parent “touched” them a certain way or otherwise imply molestation. Child care workers, pastors, teachers, coaches, and others are frequently falsely accused. Parents have even been known to target individuals for extortion by coaching children. They may be coached by well-meaning social service and health care professionals, law enforcement officers, and prosecuting attorneys who want to make sure they obtain a conviction regardless of the truth.

Allegations of sex crimes are taken very seriously in Texas, and across the nation. With more stringent penalties being imposed, a false claim unchallenged or a single error in judgment can require you to be a lifelong member of the sex offenders’ registry and database. Before your reputation is devastated, invoke your right to an attorney and your right to remain silent. Contact Houston Criminal Lawyer Charles Johnson for a free phone consultation when you are under investigation for sex crimes or if charges have been brought against you for anything from possession and distribution of child pornography to sexual assault and rape.

How is Child Pornography Defined?

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

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

  • the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct; or
  • the visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
  • the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.Federal law (18 U.S.C. §1466A) also criminalizes knowingly producing, distributing, receiving, or possessing with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture or painting, that
  • depicts a minor engaging in sexually explicit conduct and is obscene, or
  • depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex and such depiction lacks serious literary, artistic, political, or scientific value.

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

Who Is a Minor?

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

Is Child Pornography a Crime?

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

Where Is Child Pornography Predominantly Found?

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

What Motivates People Who Possess Child Pornography?

Limited research about the motivations of people who possess child pornography suggests that child pornography possessors are a diverse group, including people who are

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

Who Possesses Child Pornography?

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

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

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

Who Produces Child Pornography?

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

What is the Nature of These Images?

The content in these illegal images varies from exposure of genitalia to graphic sexual abuse, such as penetration by objects, anal penetration, and bestiality.

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

Possible Punishment for Sexual Exploitation of a Minor/Child Pornography

If the photographs include children who are fourteen (14) years of age or younger, it is a Dangerous Crimes Against Children (DCAC) and carries a very severe penalty. A first offense carries the following punishment for each and every conviction: ten (10) years minimum in prison; seventeen (17) years presumptive in prison; twenty-four (24) years maximum incarceration.

If convicted of one previous predicate felony (which includes a prior DCAC, among other serious felonies), the range of punishment increases to a minimum twenty-one (21) years, presumptive twenty-eight years (28), and maximum thirty-five (35) years. Because this is a DCAC, 100% of the prison time must be served before being eligible for release. In addition, if the person is convicted of two (2) counts, they must be run consecutive to each other (i.e., the minimum is now twenty (20) years in prison, and all other ranges double). This is why these charges are sometimes referred to as “life enders”.

The maximum penalty on a Sexual Exploitation charge actually carries more time than the maximum penalty on a Second Degree Murder charge. A conviction will require you to register as a Sex Offender for the rest of your life, and you are not allowed to have any contact with anyone under the age of eighteen (18) (this includes your own children), without going through numerous testing procedures and only with the consent of your Probation Officer.

If the child was ages fifteen – seventeen (15-17), it is not sentenced pursuant to the DCAC statute. A first offense class two (2) felony, carries punishment of probation with zero (0) days in jail up to one (1) year in jail, or prison of three (3) years to twelve and one half (12.5) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is four and one half (4.5) years to twenty-three and one quarter (23.25) years in prison. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is ten and one half (10.5) to thirty-five (35) years of incarceration.

Possible Defenses for Sexual Exploitation of a Minor/Child Pornography

The critical defenses to Child Porn charges involve showing that the person did not “knowingly” possess, receive, or do any of the listed actions with the images. One way of asserting this defense is by presenting evidence that the defendant was not the person who accessed the images. If it can be shown that there were multiple users who had access to the computer, and who did in fact use the computer often, then it is much more difficult for the State to prove the defendant actually accessed the images, rather than some other person. This defense is especially appropriate when the defendant lacks any other sexual crime convictions. In order to assert this defense, we need to present a variety of our own evidence to contradict whatever has been presented by the prosecution. Typically, the State would normally have executed a search warrant and confiscated the computer involved, then searched for the “IP address” and passwords that were used to trace the activates to a particular time, date, and user. Before they do any of this they will have “cloned” the hard drive in order to avoid any accusations that they have somehow tampered with the computer by adding images.

Another typical defense is that the defendant inadvertently came across the images on his computer, and thus it was not a “knowing” exchange. It is an affirmative defense to Child Pornography charges if a person timely reports that they have received unsolicited images on their computer. Usually, reporting within three (3) days of discovering the child pornography is considered to be “timely reporting.”

At the Charles Johnson Law Firm, we handle a very high percentage of “Sex Crimes” cases. We have one of the largest libraries with research materials devoted to challenging accusations involving sex crimes. Registering as Sex Offender has drastic consequences and leaves a black mark on your record; do not underestimate the potential severity of this charge.

Additionally, because our law firm fights conviction from all angles, we would 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 we frequently assert is a “Miranda rights violation.” In Texas, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements.

In addition, the “denial of right to Counsel” is another common defense which is often raised. 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 blood, breath, and urine testing; fingerprints analysis; DNA testing; computer analysis/cloning hard drive procedures; 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 lawyer to defend you who has knowledge of all the possible defenses to assert in your case.

Do Not Make Statements. Obviously, the best defense begins before a defendant is ever charged. Often, in a misguided attempt to help law enforcement, defendants make statements that are twisted and turned into prosecutorial evidence. It is important to remember not to allow yourself be interviewed government agencies without an attorney present.

Any interview will be sent to the police and the county attorney’s office and can be used against you. An obvious corollary is do not let yourself be interviewed again by the police without your attorney present.

Computerized Evidence. Internet child pornography is a growing offense across the nation. Often files can be downloaded to a computer without the user knowing the content of the download. In such cases the electronic file will often include tell tale electronic evidence about the file, where it came from and its date of download. Using this evidence or challenging law enforcement’s sloppy investigation and acquisition of potentially exculpatory information is the best way for a defense lawyer to prove actual innocence.

Examine Prosecution Expert’s Background. An important part of every case is the ability to counter the reports and testimony of computer professionals, caseworkers and “experts” who examine pornographic evidence. To effectively counter a prosecution expert, the defense attorney must be well educated on the expert’s education, work history, published works and testimony in prior cases.

Use a Polygraph. When it is advantageous to the defense against a sexual assault, defense attorneys should obtain a credible polygraph examination from a respected professionals.

Texas Sex Offender Registration

In addition to the prison terms and fines one can face when convicted of any of these offenses, you may be required to register as a sex offender. This means you will be tracked for the rest of your life.

Knowing where to turn when facing charges as dark as these can be difficult. You have likely already seen people turn their backs on you because of the charges and you haven’t even gone to trial. You need someone in your corner fighting for your good name.

You are innocent until proven guilty. With my help we will see to it that you get the best possible results on your day in court.

Houston Child Pornography Defense Lawyer: The Charles Johnson Law Firm

Attorney Charles Johnson defends against sexual assault allegations throughout Texas, no matter how small or large the city. He has developed a unique understanding of the dynamics of these very serious cases. His competent, aggressive and thorough representation has made him a leading criminal defense attorney in dealing with sex and pornography related criminal charges.

Defending in these areas is a very specialized area of criminal defense. Unfortunately, the very accusations themselves are often treated as conclusive proof of criminal activity. If Houston Lawyer Charles Johnson is retained at an early stage in the investigation, he is sometimes able to avoid charges altogether. At a minimum he is often able to avoid the trauma and embarrassment of his client being arrested at home or at the workplace by contacting law enforcement and the court in order to make the necessary arrangements.

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

Houston Criminal Lawyer Charles Johnson 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 Child Pornography? The Leading Houston Sex Crimes Lawyer Offers a Powerful Defense

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About The Charles Johnson Law Firm

Mr. Johnson is a graduate of The University of Texas at Austin, and the University of Houston Law Center. After graduating from the University of Texas, where he was an All-Southwest Conference and Pre-Season All-American Football and Track star, Mr. Johnson played football for the NFL’s Denver Broncos and New York Giants. At the time of Mr. Johnson’s retirement from the NFL, he was under contract with the former Houston Oilers, now the Tennessee Titans. After the NFL, Mr. Johnson settled down in Houston to start his legal practice, The Charles Johnson Law Firm, and is now known as The Houston Lawyer.

Here at the Charles Johnson Law Firm, we are committed to protecting and defending the Constitutional rights of all Texans. We offer statewide service and we can and will be there for you, in any county, whenever you need us, to represent you in any type of criminal matter. Unlike some firms, we go the extra mile -or many miles- for our clients no matter where in the great State of Texas they may live.

 

www.houstonlawyer.com_images_capitol.jpgOur coverage of Texas includes every county, city and town from Amarillo to Brownsville, and El Paso to Orange. The Charles Johnson Law Firm offers Texans excellence, professionalism and intense legal representation in all cases. Our clients expect the best and they will tell you that the best is what we deliver. Charles Johnson delivers the same high achievement for the firm’s clients that he has consistently delivered in every undertaking throughout his life. Don’t be fooled by firms that promise forever, but never produce!

When you call The Charles Johnson Law Firm you will speak with a live, human, customer service representative who will help you and really is interested in your needs. If you need help, call us. Many Texans call The Charles Johnson Law Firm, so you will be taken through an information gathering triage of sorts by our customer service representative. If you need to speak immediately with Charles Johnson, the representative can connect you with Mr. Johnson immediately - 24 hours a day, 7 days a week.

When you or a loved one are facing criminal charges or a criminal investigation, you need someone you can rely on to help you. Here at The Charles Johnson Law Firm we recognize that above all else, our clients are human beings with lives, families and futures that are in jeopardy. We will treat you and your legal matter with respect and go to war for you to protect your life, family and future.

A look into the life and accomplishments of Charles Johnson reveals that he is a unique and special individual and reaches the pinnacle of success in all his endeavors. Rest assured that The Charles Johnson Law Firm’s legal team will carry that same warrior spirit and commitment to victory to your defense.

We WILL help you reach a resolution to the legal problem that has arisen in your life.

The Charles Johnson Law Firm – Solving problems, every day.

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.

 

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.

 
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