Posted on February 06, 2024 in Uncategorized

The difference between the penalties for simple and aggravated assault can be severe. However, the line between these two offenses can be a fine one. Often, prosecutors will initially charge aggravated assault in any case where they believe the more serious charge could possibly stick. A skilled Houston, TX, criminal defense attorney can often have an aggravated assault charge reduced to simple assault, either by showing that the evidence does not support the felony charge, or through plea bargaining. If you have been charged with either offense, it is important to take your case very seriously and seek out legal representation promptly. Both charges could result in jail time or other major consequences. 

Understanding the Line Between Simple and Aggravated Assault

Texas criminal law pertaining to assaultive offenses describes two main reasons why an assault might be deemed an aggravated assault. While the law is intended to be objective, there is some room for debate when a prosecutor is trying to prove that an assault was aggravated while a defense lawyer argues that it was not. 

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 Posted on January 26, 2024 in Uncategorized

DWI offenses in Texas are very serious charges that can have a cascade of negative implications on the individual charged. Of course, these implications become even more dire if a person is not only charged but convicted. In many Texas DWI cases, an officer may request an individual suspected of DWI undergo a blood test to examine further whether the person is intoxicated. The officer must obtain a search warrant to draw the blood in such cases lawfully

If a blood draw was part of your DWI arrest, you need an aggressive lawyer to come to your defense immediately. There are defense strategies available that only an experienced attorney will be able to employ in your defense. To give yourself a fair shot at battling these charges, contact a skilled lawyer.

Understanding Blood Draws in Texas DWI Cases 

In Texas, law enforcement officers can request a blood draw from a suspected DWI offender to determine their blood alcohol concentration (BAC). This evidence is often deemed highly reliable and can significantly impact the outcome of a DWI case

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 Posted on January 19, 2024 in Uncategorized

While you may be familiar with DWI in the context of a motor vehicle, Texas and federal law have stringent laws regarding flying while intoxicated, referred to in the state of Texas as FWI. It is strictly illegal to operate an aircraft while under the influence of alcohol or drugs. If you are facing charges relating to FWI, you need the professional services of an experienced criminal defense lawyer

Legal Blood Alcohol Concentration Limits

According to the Federal Aviation Regulation, it is against the law to operate an aircraft under these circumstances:

• If you have consumed alcohol within eight hours, you are prohibited from operating an aircraft

• If you are under the influence of alcohol whatsoever, you are prohibited from operating an aircraft

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 Posted on January 12, 2024 in Uncategorized

Over the New Year’s holiday weekend that ran from December 28, 2023 to January 1, 2024, there were more than 200 arrests for DWI in Houston and Harris County. These arrests occurred as part of an initiative by law enforcement to crack down on drunk driving and improve public safety. As part of this initiative, the holiday weekend was a “no-refusal weekend” in which district attorneys worked together with police to issue warrants that allowed for blood tests of DWI suspects.

If you were arrested for DWI over the New Year’s holiday, or if you have been charged with DWI following a blood test, you will need a strong legal advocate on your side to help you defend against a conviction. An attorney who is skilled and experienced in DWI cases can help you understand the best ways to address the charges against you, the results of blood alcohol tests, and any other issues that may affect you as you work to prevent a criminal conviction and limit the ways a DWI charge will affect your life.

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 Posted on January 03, 2024 in Uncategorized

Vehicular assault is a serious offense that occurs when a person uses a vehicle as a weapon to cause harm to someone else. In Texas, the laws surrounding vehicular assault are strict and precise, aiming to protect public safety and hold individuals accountable for their actions. If you are facing charges related to vehicular assault, contact a lawyer right away. Your serious charges must be countered with an aggressive and robust legal defense.

Legal Definitions of Vehicular Assault in Texas

In Texas, vehicular assault is defined as intentionally, knowingly, or recklessly causing serious bodily injury to another person by operating a motor vehicle. Serious bodily injury refers to injuries that create a substantial risk of death, cause permanent disfigurement, or result in the loss or impairment of a bodily function or organ. It is important to note that the intent to cause harm is not required for a charge of vehicular assault; the act of operating a vehicle recklessly or negligently that results in serious bodily injury is sufficient to warrant prosecution. 

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 Posted on December 08, 2023 in Uncategorized

Drinking and driving is a serious offense with severe legal consequences. Most people think of drinking and driving; they think about it in the context of driving a car. However, the laws and regulations can be less clear when it comes to riding a bicycle. In Texas, as in many other states, the question of whether you can face DWI charges while riding a bike depends on various factors. Understanding the relevant laws and their implications is crucial to ensure compliance and avoid potential legal trouble. 

If you are ever facing DWI charges, contact a dedicated lawyer to get the help and guidance you need right now. 

Defining a Vehicle in Texas

In Texas, the state’s DWI laws apply to people operating a “motor vehicle” while intoxicated. The definition of “motor vehicle” typically includes cars, trucks, motorcycles, and even motorized scooters. However, being human-powered and lacking a motor, bicycles generally do not fall under this definition. As a result, riding a bicycle while under the influence does not always lead to DWI charges. 

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 Posted on May 31, 2023 in Uncategorized

If you're involved in a car crash, and someone dies, it can devastate everyone involved. But if the police also accuse you of DWI, you could face serious felony charges, including possible murder or intoxication manslaughter charges. The repercussions of a felony conviction can follow you for the rest of your life, and you need an expert in DWI defense to protect your rights immediately. That's what a Houston man recently discovered after a deadly wreck.

Houston Man Charged with Murder

The Houston man faces murder charges after a March 2023 crash in the 8400 block of North Freeway on North Interstate Highway 45. Police reported that the man was driving a black Honda Crosstour south on the freeway when he struck a concrete pylon on the left side of the road. The impact rolled the car, ejecting two children. The car contained three adults and four children; none of the children were wearing seatbelts. The police found an unused car seat in the trunk of the car. The children ejected from the car, ages one and three, were taken to area hospitals. The one-year-old was later pronounced dead, and the three-year-old was listed in critical condition.

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 Posted on May 05, 2023 in Uncategorized

It can happen so innocently. It's been a long day; you go out to dinner with the family, have a few glasses of wine, and head home with the kids asleep in the back seat. After a while, you see flashing blue lights in your rearview mirror. And just like that, you could have a DWI arrest and a felony charge. A Houston woman recently discovered how serious the consequences can be if you drink and drive with a child in the car after her second arrest for the offense.

Woman Arrested for DWI with Child Passenger

In April, Harris County sheriff's deputies responded to multiple reports of a vehicle that crashed into several parked cars. The car also hit a mailbox, a fence, trees, and a house. When deputies arrived, they found the suspect's car in the 7300 block of Louetta Road in Houston with significant damage. Deputies reported that the driver showed signs of intoxication and conducted a field sobriety test. They also sought a warrant for a blood test.

Police also discovered that the suspect had a child under 15 in the car with her at the time of the crashes. A guardian arrived at the scene to take custody of the child as the deputies arrested the suspect. The deputies booked the suspect into the Harris County Jail, charged with DWI with a child passenger and failure to stop and give information after an accident. The suspect was previously convicted of DWI with a child passenger.

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 Posted on May 05, 2023 in Uncategorized

A rental car is often necessary when traveling for work or on vacation. Sometimes it's fun to try out a new car, but often it can be challenging to navigate a new area in an unfamiliar car. But what happens if you're involved in a crash, and the police charge you with a DWI? The good news is that you don't have to figure this out alone. An expert in DWI defense, like attorney Doug Murphy, can help you from the beginning and protect your rights in the criminal justice system.

Possible DWI Charges

If you're involved in a crash, and the police arrest you for DWI, you may face additional charges on top of your DWI charge and be responsible for any property damage caused.

1. First DWI: For a first DWI in Texas, a conviction can result in up to 180 days in jail, a suspended license, a $3,000 court-imposed fine, and a mandatory $3,000 administrative fine.

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 Posted on May 05, 2023 in Uncategorized

We all know that driving when we've had too much to drink isn't a good idea. Sometimes mistakes can happen if you've been out to dinner or a game with friends and you don't realize you might have had one too many beers. Your first DWI in Texas can have serious penalties. You could face up to 180 days in jail, a license suspension, a $3,000 court-imposed fine, and a mandatory $3,000 administrative fine. But after your first DWI, penalties begin to increase dramatically. Once you reach your fourth DWI in Texas, you'll face felony charges and mandatory time in jail.

But what happens when you feel you got a bad deal and want to appeal your case? Unfortunately, it can be challenging to appeal a guilty verdict, particularly if you plead guilty. That's what a Galveston man recently discovered.

Guilty Plea for Ninth DWI

In March, the U.S. Supreme Court rebuffed a Texas man serving 30 years in prison after his ninth DWI case, declining to hear his appeal. The Galveston man pled guilty to his ninth DWI and agreed to a 30-year sentence after his attorney warned him the judge could sentence him to 50 years for felony DWI. The man later decided he didn't like the sentence he agreed to and represented himself on appeal, arguing that he had "ineffective assistance of counsel."

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