Category Archives: Criminal Defense

Poaching Trophy-Sized Animals Brings Trophy-Sized Fines

Criminal Defense, Wildlife violations

In February of this year, a Montana man was sentenced to a lifetime ban on hunting in his state and every other state that is a member of the Interstate Wildlife Violator Compact (IWVC). That agreement allows member states to share information about poachers.

If you were denied a hunting or fishing license in one state because you failed to comply with wildlife conservation laws, you can be denied a license in every other member state. Texas is a member of the IWVC, as are 48 other states as of 2021.

What was the Montana man’s violation? 

Poaching

Poaching is the illegal shooting or taking of game from private property or a place where hunting is forbidden. In this case, the poacher illegally killed a trophy-sized moose. 

The headless carcass of the trophy-sized moose had been found on a public road, so its full size was known when tipsters later pointed a finger at the poacher. They reported that he had trophy-sized antlers in his possession.

While many states don’t differentiate between the size of animals when deciding on poaching fines and penalties, Texas and 10 other states use the Boone and Crockett scoring system. The higher the number the animal scores, the higher the potential fines and penalties. 

The Montana “Poach and Pay” program used the Boone and Crockett scoring system to rate the antlers and horns. 

Penalties for Hunting Violations

In Texas, if you are found guilty of poaching – or any other type of hunting violation – you can face fines of $25 to $4,000. Poaching can be charged as a misdemeanor or as a felony in Texas. It’s a felony if it involves the taking of a big game animal. Then the fines rise from $1,500 to $10,000. 

That’s not all. The Texas Parks and Wildlife Department can seek civil restitution to recover the value of that lost wildlife resource. The larger the animal, the larger your bill. 

At the end of the day, the Montana poacher was banned for life from hunting and trapping, received a 3-year suspension on his fishing privileges, a 5-year suspended prison sentence, and was ordered to pay $12,100 in fines and civil restitution. 

In Texas, he might also have to forfeit his hunting gear and the gun he used to poach wildlife. If you have had a run-in with a game warden or conservation officer and need advice about Texas hunting violations, call the Fort Worth criminal defense lawyers at Lee and Wood. We defend hunters and fishermen accused of wildlife violations. Call our law office at 817-678-6771 or contact us online. 

Texas Assault Charges: When Does an Assault Become a Hate Crime?

Aggravated Assault, Assault, Criminal Attorney, Criminal Defense, Hate Crimes, ,

People get into fights. It happens every day. Most of the time those involved walk away from it and that’s the end. Sometimes one or both parties are charged with assault (misdemeanor or felony) or aggravated assault. 

Much less often, but much more serious, an assault charge can be accompanied by a charge of committing a hate crime. How does an assault become a hate crime? And what does that mean in terms of prosecution and punishment?

Texas Assault Law

The Texas Penal Code defines the crime of assault as:

  1. Intentionally, knowingly, or recklessly causing bodily injury to another, including the person’s spouse,
  2. Intentionally or knowingly threatening another with imminent bodily injury, including the person’s spouse, or
  3. Intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard that contact as offensive or provocative.

A charge of aggravated assault may be brought if serious injuries resulted from an assault or if a weapon was used. (Many things can be defined as a weapon.) 

Texas Hate Crime Law

The James Byrd Jr. Hate Crimes Act defines a hate crime as any crime motivated by “prejudice, hatred or advocacy of violence.” Hate crime charges can be added to criminal charges of arson, criminal mischief, graffiti, or (more often) crimes against a person. 

Hate crime charges may be brought if the crime was committed against the victim because of their:

  • Race, color, national origin 
  • Sexual orientation 
  • Religion
  • Disability
  • Age
  • Gender
  • Gender identity 
  • Work as a judge or law enforcement officer

In high-profile cases, the FBI may investigate and federal criminal charges may be filed. 

Prosecuting a Crime as a Hate Crime

In order to be convicted of a hate crime, the prosecutor must convince a jury that the underlying crime occurred, and that it was motivated by prejudice or hate. 

“Hate speech” is not a crime, but statements of hate can be used as evidence of the motivation of the accused person. Often the prosecutor will present something the accused said to the victim. That speech was used as evidence in the 2019 case of a Dallas man who shot a transgender woman while shouting slurs at her. He was convicted of a hate crime. 

But a homophobic slur spoken before an assault on two gay men in Austin was not enough to support a hate crime charge. In that case, a plea deal resulted in misdemeanor assault charges.

What else might prosecutors use as evidence of motive for a hate crime?

  • Things the accused has written on social media, online, as graffiti, or tattoos they are wearing
  • The location of the incident (for example, a synagogue or mosque for a religiously motivated crime, or in the case of an Atlanta killer, at Asian-owned nail salons)
  • Possession of literature or membership in a group that espouses hatred toward a certain group of people 

Punishment for Hate Crimes

A conviction for a hate crime enhances the punishment applied to the original offense. It “bumps it up” one level. So, if a person was found guilty of a Class C misdemeanor, they would face punishments for a Class B misdemeanor. A Class A misdemeanor will not be sentenced as a felony but the amount of jail time could be increased to 180 days. 

The same applies to felony charges. The punishment is increased, except for a conviction of a 1st degree felony, which already has the potential for life in prison. 

If you could be facing criminal charges for a Texas hate crime, call the Fort Worth criminal defense lawyers at Lee and Wood. We have extensive experience defending people against misdemeanor and felony assault charges. Call our law office at 817-678-6771 or contact us online. 

Street Racing Could Get You Charged with a Crime

Criminal Defense, Street Racing, ,

All across the country, law enforcement has seen a significant increase in speeding since the start of the COVID-19 pandemic. Nationwide, the number of traffic deaths from speeding and reckless driving rose 7.2% in 2020, the largest number in a decade. 

Texas has seen a big increase in illegal street racing. In March 2021, more than 100 arrests were made in just one weekend in Harris County. But Houston isn’t the only city with street racers. In Fort Worth, 67 people were arrested for street racing in August of 2021. It’s become such a concern that the state legislature recently passed the Street Racing Bill (HB 2315) 

Speeding or Racing?

In Texas, you can’t be arrested for speeding, but you can be arrested for racing on a highway and for reckless driving. Texas Transportation Code 545.420 defines the offense of racing on a highway, which includes drag racing and “testing the endurance of the driver” in long distance races. 

A drag race is two or more vehicles positioned side-by-side and accelerating to try to outdistance one another, or prevent another vehicle from passing, or to arrive ahead of another vehicle. 

Punishments for the Offense of Street Racing

Racing on a highway can be charged as a Class A misdemeanor with jail time and costly fines. It can also be charged as a felony, with fines and imprisonment. And as of September 1, 2021, law enforcement can seize “contraband” relating to crime of racing on a highway. That means the police can confiscate cars – and anything in those cars. 

If you’ve been arrested and charged with racing on a highway, the consequences are too severe to give up without a fight. Don’t enter a plea until you’ve spoken with an experienced criminal defense lawyer. Call Lee & Wood: 817-678-6771 or contact us online. 

Arrested? How to Find the Best Criminal Defense Lawyer for Your Case Near Fort Worth

Criminal Attorney, Criminal Defense, Drug Crime, DWI, Wildlife violations

If you (or a loved one) have been arrested for the first time, how do you find the right criminal defense lawyer for your specific case? If you’ve never looked for a lawyer before, how do you pick one from the many lawyers available? 

This article looks at how to find the right lawyer for your kind of case, and how to find the right lawyer for you.

Where to Look for a Lawyer

Often people start their search for a lawyer by asking for a lawyer referral from friends and family. With a criminal case, that can feel awkward unless you’ve been arrested for something relatively common, like drunk driving. Even then, you may prefer the privacy of finding a lawyer online. 

How to Find a Lawyer Online

There are hundreds of lawyers in your area. To narrow your search, use several words in your online search query.  

Include the name of the town or the county where you have been arrested or where you will be going to court. It is usually helpful to work with a lawyer who has experience with local judges, prosecutors, and court personnel. They may have a better understanding of how a judge operates, how the prosecutor negotiates, and alternative sentencing options available in that jurisdiction.

That doesn’t mean the lawyer has to be officed in your exact town. Some people prefer to work with a criminal defense lawyer who doesn’t live in their town. Most criminal lawyers take cases in several nearby jurisdictions. They regularly work in several courts. 

Include the kind of lawyer you want. For most state-level criminal charges, you can just include the words criminal defense lawyer. If you are facing federal charges, search for a federal criminal defense attorney. If the accused is aged 17 or under, search for a juvenile defense lawyer. Fewer lawyers focus on juvenile crimes or federal crimes so this will narrow your search results. 

Include the type of criminal charge you need defense against. If you know the specific charge against you, type that in, but it’s usually sufficient to type in a general crime, like drug charges rather than possession of THC oil. 

Sometimes you do want to be very specific about the crime.

Find The Best Defense Attorney for You

Once you’ve found a few lawyers with experience in your kind of criminal case, now it’s time to determine if they are a good fit for you. You can do this in two ways:

On their website, review the About Us page to learn more about the law firm, and click on the specific attorney profiles. Their biography may tell you what courts they operate in. It will include additional certifications they have received, and honors and awards. You may find they are involved in the community in ways that connect with you. 

Some websites have testimonials, either on a page or other places on the website. Do you see anything about how they work with clients? 

Now you are ready to call and talk to one or more lawyers who seem like the best fit. You want to see if you feel comfortable with this person. You want a sense of how they handle a case like yours. 

REMEMBER, you haven’t hired this person yet so don’t share specifics of your case. 

You can ask questions like: 

  • Have you taken cases to trial in this county or city court?
  • Have you handled similar cases to mine? 
  • What do you consider a successful outcome?
  • What has been your success rate? 
  • How do you work with clients? 
  • Would you handle my case personally? 
  • What are your fees?

Call an Experienced Criminal Defense Lawyer

At Lee and Wood, LP, we understand the fears and uncertainty of being arrested for the first time. We explain the criminal justice process, what you can expect, and how we can help. We represent clients in Weatherford, Fort Worth, Burleson, and Cleburne. Call our Fort Worth law office at 817-678-6771 or contact us online.