All posts by Lee and Wood

What Constitutes Assault in Texas?

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Assault is a very serious crime. But the specifics of assault in the state of Texas can be complicated. Here’s a quick glance at the basics of assault in Texas.

Bodily Harm

If a person injures someone on purpose or because they’re being reckless, it’s considered assault, and it’s a Class A misdemeanor. However, it can also be a third-degree felony due to a variety of circumstances.

For example, a Class A misdemeanor can become a third-degree felony if the:

  • Person being assaulted is an on-duty security officer.
  • Victim is pregnant during the assault.
  • Assailant tries to block the victim from breathing by strangling the throat or blocking the nose and mouth.

Additionally, the crime can become a second-degree felony if the assaulter:

  • Knows their victim is a judge or security officer when they attack them.
  • Has been convicted of this crime previously.
  • And more.

Threatening Bodily Harm and Offensive Contact

People often assume that assault only happens when somebody physically harms another person. Sticks and stones, right? We have freedom of speech, don’t we? Anyone who believes these ideas is terribly mistaken.

Words do carry weight and people aren’t allowed to say anything they want without repercussions. If an individual threatens to cause bodily harm to another person, they could be facing Class C misdemeanor charges.

In addition to verbal threats of violence, the definition of “assault” can also include non-violent physical contact. For example, it’s considered a Class C misdemeanor assault if someone touches another individual and knows that the person will find it offensive or provocative.

Whether it’s threats of violence or unwanted contact, the charge can be increased to a Class A misdemeanor if the victim is elderly or disabled or if the verbal threat is an effort to force an individual to get an abortion.

It can become a Class B misdemeanor if the perpetrator is not a sports participant and they’re committing it against a sports participant during a game/event or in retaliation for something the person did during a sporting competition.

Possible Punishments for Assault

According to the Texas Penal Code, here are the penalties people can face if convicted of assault:

  • Class A misdemeanors can be punishable by a fine of up to $4,000 or a jail term of up to 365 days or both.
  • Class B misdemeanors can be punishable by up to 180 days in jail and a fine of up to $2,000.
  • Class C misdemeanors can be punishable by a fine of up to $500.
  • Second-degree felonies can be punishable by a 2-20 year prison sentence and a fine of up to $10,000.
  • Third-degree felonies can be punishable by a prison sentence of 2-10 years and a fine of up to $10,000.

Defending Those Facing Assault Charges in the Fort Worth Area

Have you been accused of assault? The experienced attorneys of Lee & Wood are ready to help protect your rights. To get your free, confidential consultation, call our law firm today at 817-678-6771 or simply send us a message online.

3 Crimes to Avoid When Hunting in Texas

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Thousands of people go hunting each year in Texas. There are many different types of wildlife and game and a vast amount of land to cover, which makes this state an ideal location for hunting.

But hunting isn’t a free-for-all activity. There are many rules and regulations that people must adhere to in order to hunt legally. Here are a few of the wildlife crimes people need to avoid when hunting.

Hunting Without an ID

Hunting is a sport that many families enjoy together. The trips are a great way to encourage generational bonding, so hunting has been a longstanding tradition for many people in Texas. No matter what age you are, hunting can be a great experience. Just don’t forget to bring your ID.

Anyone over 17 must have a driver’s license or state identification certificate on them when they’re hunting. This law extends to non-Texans as well.

Waste of Game

Few hunters would do this, but it’s worth mentioning that killing an animal and simply leaving it behind is illegal. You must make a legitimate effort to retrieve your kill and include it in your bag limit; otherwise, you could face a Class C misdemeanor.

In addition, hunting white-tailed or mule deer, pronghorn, or desert bighorn sheep without retrieving them can be a Class A misdemeanor if you hunted without landowner permission or you hunted at night, from a public road, or from another prohibited location.

Trespassing

Hunters cannot go onto a landowner’s property for any reason without consent. Whether it’s to hunt, pursue an animal you shot that got away or you’re trying to retrieve your dog that wandered onto the land, you need permission from the landowner first.

Hunting Endangered or Threatened Species

If you kill a federally-recognized endangered species, you’ll face a $3,500 fine for a first offense. Even wounding or injuring one of these animals will result in a $2,000 fine. Some of the endangered or threatened species that inhabit or travel through Texas include:

  • Jaguar
  • Ocelot
  • Gray wolf
  • Red wolf
  • Louisiana black bear
  • Golden-cheeked warbler
  • Black-capped vireo
  • Attwater’s prairie chicken
  • Whooping crane
  • Eastern brown pelican
  • Bald eagle
  • Peregrine falcon
  • Northern aplomado falcon
  • Mexican spotted owl

Punishments for Breaking Wildlife Laws

When hunters violate wildlife laws, they can face thousands of dollars in fines depending on the severity of the crime. But that’s not all. Those found guilty of wildlife crimes could also face years in prison and have to forfeit their gear and firearms.

Helping You Fight Criminal Charges of Wildlife Crimes in Texas

Are you facing possible jail time or hunting license revocation due to wildlife crime charges? The experienced attorneys of Lee & Wood, LP will fight on your behalf and help you through this hard time. Call 817-678-6771 or send us a message online to request a free consultation.

What to Know About THC Concentrates in Texas

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Marijuana, specifically the THC component, is a hot topic in the United States. It’s been debated by politicians, and people often take strong stances on the morality of the drug. But since there is no firm consensus at the federal level on THC, the result is that there are inconsistencies from state to state over what’s legal and what isn’t.

Some states have it completely outlawed while others have it entirely legalized for recreational use. And other states, like Texas, allow it for medicinal purposes in low doses, but not recreationally.

What is a THC Concentrate?

Tetrahydrocannabinol (THC) is a cannabinoid and the main psychoactive ingredient of marijuana. If a cannabis product is manufactured with a high concentration of THC, it’s considered to be a THC concentrate. A couple of examples of THC concentrate would be hash and cannabis tinctures.

Are THC Concentrates Illegal in Texas?

Yes, THC concentrates such as oils, waxes, shatters and even gummies are illegal in Texas. Since they’re considered by state law to have a high potential for abuse and are unusable for medical purposes, they’re given Schedule I classification.

Penalties for possessing THC in Texas have a dramatic range. If a person is caught with less than one gram, they could face a fine of up to $10,000 and up to two years in prison. Even if a person is caught with a single vape pen containing THC, they could face up to two years in prison.

And that’s just on the low end of the spectrum. On the high end, a person caught with over 400 grams faces a fine of up to $100,000 and a prison sentence of up to 99 years.

There is a lot of middle ground, and sentencing varies based on the individual’s criminal background, but the main point is that the sentencing can get very severe even for those who aren’t distributing the drug. If a person is convicted of trafficking THC concentrates, the penalties will be much more severe.

Charged With Possession of THC Concentrates in Texas? Get Help From Our Attorneys

If you’ve been charged with possession of a THC concentrate or another drug crime, you’ll need the help of an experienced attorney. The drug crimes defense lawyers at Lee and Woods, LP have helped many people across Texas and will fight by your side to help you get the best possible outcome.
Call 817-678-6771 or send us a message online to schedule an initial consultation appointment.

What Happens if a Hunter Doesn’t Retrieve Their Game?

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Hunting has been a longstanding tradition in the state of Texas. Many people each year hunt to stock the fridge and freezer with delicious game meat. To plenty of hunters, it’s also a sport that goes back generations in their family and is often considered a right of passage.

There’s so much land and multitudes of different animals in Texas, which makes it an ideal place for hunters to respectfully participate in this classic pastime. Unfortunately, there are times when hunters are wasteful and disrespectful of the sport and nature.

Believe it or not, there are those out there who kill animals only to leave them where they drop to rot away. There are also people who take one piece of their kill only to leave behind perfectly edible portions of the meat.

These types of acts are against the law and are referred to as “Waste of Game” crimes.

Ways Hunters Can Commit Waste of Game Crimes

According to the Texas Parks and Wildlife Department, it’s illegal for a hunter to kill a game animal, bird or fish and:

  • Leave it behind without making an adequate effort to recover it and count it as part of their bag limit (daily and seasonal). Anyone who knowingly leaves a carcass behind is committing a Class C misdemeanor crime.
  • Leave behind edible portions of the carcass. One example of this could be killing a deer, taking the antlers and leaving behind the rest of the body.

It’s also against poaching laws to leave behind edible portions of whitetail or mule deer, pronghorn antelope or desert bighorn sheep without landowner permission. This type of crime would be considered a Class A misdemeanor. 

In addition, if a hunter wounds an animal and the animal wanders onto a landowner’s property, the hunter isn’t allowed to pursue the animal without the landowner’s permission. Failing to follow this law would be considered trespassing and the hunter could be arrested.

Penalties for Wasted Game

Punishments for wildlife laws vary, but if a person commits a Class C misdemeanor, the penalty would be a fine of $25-$500. For a Class A misdemeanor they’ll be subject to a $500-$4,000 fine and/or 1 year in jail.

These are only a few examples, but if you happen to be accused of committing waste of game or other wildlife crimes, you could be facing much worse penalties. Your best choice is to contact an experienced attorney as soon as possible to learn your options.

Facing Charges of Wildlife Crimes? Contact Lee & Wood, LP Today

If you’ve been accused of wildlife crimes in Texas, the trusted experts at Lee & Wood, LP are here to help you. Our attorneys can help you fight for your rights and potentially reduce your consequences. To schedule your initial consultation, call us at 817-678-6771 or send us a message.

Is it Legal to Refuse a DWI Field Sobriety Test in Texas?

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Yes, you may legally refuse to take a field sobriety test in Texas. In our opinion, based on decades of experience handling DWI cases, you should refuse.

How Field Sobriety Tests Are Usually Conducted

When an officer pulls you over and suspects you may be driving while intoxicated, the investigation begins with the officer’s observations. They look for bloodshot eyes, slurred speech and the smell of alcohol.

Officers usually also ask some innocent-sounding questions like, “Where are you headed tonight” or “Had anything to drink tonight?”

If the officer thinks more investigation is needed, they may ask you to step out of the car. You should always obey this instruction; do not refuse to get out of your car, and keep your hands where the officer can see them.

Once you’re out of the car, the officer will probably say they’re “going to do a couple of tests to make sure you’re okay to drive.” Officers use lines like this to get drivers to submit to field sobriety tests without directly asking them to consent to the test.

They hope you’ll just go along with it. Even though the officer acts as though you must take the tests, you are not legally obligated to take them. If the officer tries to start a field sobriety test, you should politely decline.

How to Politely Refuse a Field Sobriety Test in Texas

As soon as the officer asks you to stand on one leg, walk in a straight line or wants to test your eyes, that’s the point where you should refuse. But you should not be argumentative or belligerent about it.

Don’t raise your voice. Don’t tell the officer the tests are junk and you’re too smart for them. Remember, the officer’s body camera is recording all the audio and video of the incident.

Instead of getting aggravated, simply inform the officer that you’re choosing not to take any field sobriety tests. Calmly saying something like, “Officer, I understand I have the right to refuse these tests, and I am exercising that right.”

Can I Refuse Breath and Blood Tests in Texas?

Yes, you have the right to refuse any requests for breath and blood tests. Once you refuse, the officer must obtain a search warrant to administer the test. If the officer does get a warrant, don’t fight the blood draw. Allow your blood to be taken.

You will likely be transported to jail, then to a hospital where blood is drawn, then back to jail. A bond will be set, or you might be released on personal recognizance.

Will You Get Arrested for Refusing to Perform Field Sobriety Tests?

The officer might arrest you for DWI after you refuse the tests, but they’ll be arresting you because they think they have enough evidence without the tests. They cannot arrest you simply because you refuse to take the tests; refusal itself is not a crime. However, your driver’s license can be suspended for 180 days if the officer arrests you.

Contact Our Fort Worth DWI Defense Attorneys for a Free Consultation

Arrested for drunk driving? Call a Fort Worth DWI lawyer at Lee & Wood, LP at 817-678-6771 or email us as soon as possible. We handle DWI cases in Tarrant County, Dallas County, Denton County and all surrounding areas.

Possible Defenses in Domestic Violence Cases

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In Texas, crimes involving family violence often carry harsher punishments than identical acts of violence committed against a non-family member. This is one reason finding an experienced defense lawyer is crucial for anyone accused of domestic violence (also called DV or “assault family violence” in Texas).

You can be charged with a domestic violence or family violence crime if you allegedly threatened to harm or did physically harm to:

  • Your current or former spouse
  • The parent of your child
  • Your foster child
  • A relative by blood, marriage or adoption
  • Any current or former co-residents (such as a roommate, even if the roommate is not related to you)
  • Your current or former dating or romantic partner

Examining Some Possible Defenses to Texas DV Charges

Texas recognizes several different crimes of domestic violence, including domestic assault, aggravated domestic assault, domestic assault impeding breath, and continuous violence against the family.

No matter what exact charge you face, it’s important to explain all the facts to your lawyer so they can develop the strongest possible defense strategy for you. Depending on the facts, your attorney may decide to pursue any of several defenses:

  • No bodily injury: Does the prosecutor have evidence to prove that the alleged victim suffered an injury? Prosecutors are not required to provide photos or medical records, but it’s hard to prove DV cases without them. Without such objective evidence of bodily injury, the prosecutor’s case mostly relies on the alleged victim’s word.
  • No criminal intent: Prosecutors must prove you acted intentionally. Often, alleged victims initially claim they were abused or assaulted, but later, when things calm down, they make clear it was not intentional. If intent can’t be proven, your case could be dismissed.
  • Affidavit of non-prosecution (ANP): This is a victim’s written statement that they don’t want the case to go forward. While ANPs are viewed skeptically and prosecutors can move forward despite an ANP, they can still be useful if the victim includes evidence that no crime occurred. An ANP may be used to establish reasonable doubt, putting you in a better position to get a favorable outcome.
  • Witness credibility: Does the alleged victim’s statement make sense, or are there inconsistencies in it? Perhaps it contradicts other evidence from videos, photos or testimony of other witnesses. Perhaps the victim had a reason to lie or wanted to accuse you of DV out of hatred or spite. 

These are just a few possible ways a qualified Dallas-Fort Worth DV defense lawyer might be able to defend you. Other tactics and strategies may be available, depending on the specifics of your situation.

Get a Free Consultation with a Fort Worth Domestic Violence Lawyer Today

If you’re accused of domestic violence or family violence, reach out to the defense attorneys at Lee & Wood, LP as soon as possible. Call 817-678-6771  or send us an email to schedule a free consultation. We handle cases in Tarrant County, Dallas County, Denton County and all surrounding areas.

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How Domestic Violence Affects Gun Ownership Rights in Texas

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Our law firm represents many hunters and other gun owners, and we know how important firearms ownership is to many Texans. We also defend clients accused of domestic violence, doing our best to help clients fight back against false accusations. 

These two areas of law—domestic violence and firearms rights—intersect. Specifically, certain state and federal laws can limit your ability to own or possess firearms if you are convicted of certain domestic violence charges.

The Basics of Domestic Violence and Gun Rights

The Second Amendment to the U.S. Constitution protects the right to keep and bear arms. However, like all rights, there are limits. The Supreme Court ruled long ago that the government can prohibit people who were convicted of domestic violence (DV) from possessing guns. 

Specifically, under the federal Gun Control Act of 1968, people who have been convicted of misdemeanor domestic violence in either state or federal court are usually prohibited from possessing firearms. Courts have upheld this restriction numerous times, finding that it is a reasonable interpretation of the Second Amendment.

The federal law restricting firearm ownership automatically applies to anyone convicted of domestic violence in state court and anyone who is subject to a DV-related protective order.

Firearms Restrictions While Subject to a DV Protective Order

If you have received notice of a DV protective order issued against you in Texas or another jurisdiction, you will be prohibited from possessing firearms. The prohibition lasts as long the order remains in effect, and the prohibition is effective for both final and temporary protective orders.

In addition to losing your right to possess a firearm, your concealed carry license can be suspended while you are the subject of a DV protective order.  

Defense Against DV Charges is Critical

To reduce the risk of losing your firearms rights when you are accused of domestic violence, you must quickly retain a defense team experienced in both Texas DV law and firearms law. Depending on the circumstances, the right attorney may be able to fight the DV charges and get you acquitted, thus preserving your freedom and your right to own a gun. 

Alternatively, it may be possible to negotiate a plea agreement that includes provisions allowing you to continue to own and use firearms. 

Contact Our Domestic Violence Defense Attorneys for a Free Consultation

Lee & Wood is a law firm dedicated to defending the freedom of Texans. We will do everything we can to keep you out of jail, have protective orders lifted, and preserve your constitutional right to bear arms. 

Find out how we may be able to help you by calling 817-678-6771, or you can contact us online and we’ll respond promptly. Your initial consultation is free. We serve clients in Fort Worth, Cleburne, Weatherford, and many other communities west of the DFW metroplex.

What Is Misdemeanor Assault in Texas?

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Misdemeanor assault is one of the most commonly charged crimes in Texas. A whole range of behavior can fall into this broad category, from punching someone in a bar fight to threatening someone without actually touching them. In this article, the Fort Worth criminal defense attorneys of Lee & Wood explain the different types of misdemeanor assault and the possible penalties. 

Four Categories of Misdemeanor Assault

Section 22.01(a) of the Texas Penal Code outlines the conduct that could lead to misdemeanor assault charges.

1. Assault Bodily Injury

You can be accused of assault bodily injury (ABI) if you intentionally, knowingly or recklessly cause bodily injury to someone else. Texas defines bodily injury as physical pain, illness or physical impairment. The alleged victim does not have to experience severe pain; any amount of pain is enough. 

ABI is a Class A misdemeanor. If convicted you could face up to one year in jail and up to $4,000 in fines.

2. Assault Bodily Injury Against a Family Member

Assault bodily injury against a family member (ABI-FM) is the same as regular ABI, except the alleged victim is a member of your family or household. You can be charged with ABI-FM if the alleged victim is a:

  • Spouse or ex-spouse
  • Boyfriend/girlfriend or ex-boyfriend/ex-girlfriend
  • Parent
  • Sibling
  • Any other person related to you by blood, marriage, or adoption
  • Roommate 

ABI-FM is a Class A misdemeanor punishable by up to one year in jail and fines of up to $4,000. However, ABI-FM can rise to a felony if you have a prior domestic violence conviction or if the alleged assault involved choking a family member or the use of a weapon.

3. Assault by Contact

You could be charged with assault by contact if you allegedly created contact with someone else, intentionally or knowingly, that is reasonably offensive or provocative. There is no bodily injury requirement, meaning you can be charged with assault by contact for actions such as spitting on someone or poking them in the chest. The victim doesn’t need to be hurt. 

Assault by contact is a Class C misdemeanor punishable by fines of up to $500. There is no jail time.

4. Assault by Threat

Assault by threat is defined as intentionally or knowingly threatening someone with imminent bodily injury either verbally or nonverbally. The key word is “imminent.” You likely cannot be convicted of this crime for saying something like “I’m going to kill you one of these days.” But, you could possibly be convicted if you said “I’m going to kill you,” while walking menacingly toward the person.

Assault by threat is a Class C misdemeanor punishable by a fine of up to $500. No jail time is possible. However, if you threaten someone while holding a weapon, you could be facing a second degree felony charge, which is extremely serious and could lead to up to 20 years in prison.

Get a Free Consultation With a Texas Assault Defense Lawyer

The attorneys of Lee & Wood have decades of experience defending people against misdemeanor assault charges in Fort Worth, Weatherford, Granbury and all surrounding areas. We will analyze your case and do everything we can to protect your rights. Call 817-678-6771 or email us today. We offer free initial consultations.

When Do the Police Need a Warrant in Texas?

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A warrant is a written order issued by a judge that gives the police the authority to arrest someone or to perform an act that upholds the law. Warrants are powerful documents that are often required, but there are some key exceptions when the police don’t need them.

Types of Warrants

To know when the police need a warrant, it’s important to understand that there is more than one kind of warrant. These different types of warrants allow the police to take different types of action. Here are some key types:

  • Arrest warrants: These warrants empower the police to arrest someone who is accused of a crime. An arrest warrant must identify the person to be arrested and name the crime that they allegedly committed.
  • Search warrants: These warrants empower the police to search a place for evidence of a crime. The place could be your home, the place where you work, your vehicle or your personal belongings. A search warrant must clearly state the place to be searched and the items to be seized.
  • Bench warrants: If you are found to be in contempt of court, a judge may order a bench warrant. There are many reasons a person could be found to be in contempt, but one of the most common is failure to appear at a hearing. If a judge orders a bench warrant, it gives the police the power to immediately arrest you and bring you before the judge to resolve the matter.
  • Blue warrants: In Texas, blue warrants are issued if a parolee has violated parole. There are many reasons that this could have happened, from failure to obtain employment to missing a meeting with your parole officer. 

Exceptions to the Warrant Requirement Under Texas Law

Warrants are not needed in all situations. A common exception is for “exigent circumstances.” This means that a reasonable person would look at the circumstances and believe that quick action was needed to stop physical harm to the police or someone else, to stop the destruction of evidence, or to prevent the suspect from escaping.

Another common exception is for a pat-down search when the police have probable cause to believe that a person is carrying a weapon. In that case, a warrant is not needed for the officer to do a limited search looking for the weapon.

Talk With a Criminal Defense Attorney to Protect Your Rights

If you think your rights were violated by illegal search and seizure, talk to a lawyer about your options. Your lawyer can examine the facts of your case and take action if your rights were violated. For a confidential consultation with the Fort Worth defense attorneys at Lee and Wood, LP, call 817-678-6771 or send us a message today.

What Happens if You Were Arrested, But Not Read Your Rights?

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What happens if the police don’t read you your rights? Can charges against you be dropped? As experienced criminal defense attorneys, these are questions we hear from our clients fairly often. People hope they may be able to reduce the consequences they face because the police failed to follow procedure.

Know Your Miranda Rights

Before you understand what happens when your rights aren’t read, it’s important to know what your rights are. Commonly called your Miranda rights, these rights originate from a landmark 1966 Supreme Court case called Arizona v. Miranda. In the case, a suspect was held and questioned by the police for two hours before confessing to crimes he did not commit.

The case changed criminal procedure in the United States. The procedural changes were written down in the form of a Miranda Warning, which summarizes your Fifth and Sixth Amendment Constitutional rights. The warning has become familiar to almost everyone who has ever watched a detective show:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

Miranda Rights Are Only Required for Custodial Interrogation

Miranda v. Arizona changed criminal procedure by requiring the police to inform suspects of their rights. However, there are limits to this requirement. The police are only required to inform you of your rights “prior to interrogation” if your statement is to be used against you in court.

If the police were not interrogating you in custody—for example, if it was clear to you that you were free to go—then there was no requirement for them to read you your rights.

But even if you were not read your rights, those rights still exist. Even if the police don’t tell you that you can remain silent, it’s generally a good idea to exercise your right to remain silent other than to request an attorney.

A 2022 Ruling That Limits Miranda Lawsuits

Until fairly recently, some people who had their un-Mirandized statements used against them in court were able to file lawsuits under 42 U. S. C. §1983 for violation of their Constitutional rights.

In June 2022, the Supreme Court held that a violation of Miranda rights does not provide the basis for this kind of lawsuit. Still, whether you were read your rights can be an important factor in the outcome of your criminal matter. The best way to protect yourself is to talk with an attorney.

Talk With a Criminal Defense Lawyer to Protect Your Rights

If you think your rights were violated, talk to an attorney about your options. Call 817-678-6771 or send a message for a confidential consultation with the Fort Worth defense attorneys at Lee and Wood, LP.