Each case is different, but these are common defenses against charges of this nature: - Self-defense: As noted earlier, state law allows Texas residents to use force to defend themselves against an aggressor. Intentionality is the highest level of culpability. I went from facing decades in prison to probation. Is the mother guilty of injury to a child? Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.
No deadly weapon was involved. As punishment for his actions, the judge stacked two life terms, and the offender will not begin serving his second life sentence until he is granted parole on the first – if he ever is. 04, the offense of Injury to an Elderly occurs when a person causes injury to person who is 65 years of age or older. Interlocked vehicle. After graduation, he worked in District Attorneys' offices as a prosecutor, building cases designed to put people behind bars. Unlike a deliberate action, an omission is a failure to act, a failure to do something that injures or impairs a child.
One piece of legislation lays out penalties for injuring a member of any of these protected groups. Is Injury to the Elderly a Result-Oriented Crime of Circumstance-Oriented Crime? Many times, as you attempt to respond to their trap questions, they are reading your body language and looking for any response by you as a sign of your guilt. The penalties could be anywhere from a first-Degree felony, second-degree, third-degree, or a state-jail felony. Negligently causing serious mental impairment. Sometimes a defendant might even testify, although a defendant cannot ever be compelled to testify at any time. It starts with knowing the law. 04(a-1) when alleged victims are residents of such group homes or facilities. Contact us now because the more time we have to develop your defense, the better. Aging Home Page | City of Houston — The Harris County Area Agency on Aging (HCAAA) is part of a nationwide network coordinating supportive services. Because of that speeding can be very dangerous. The degree to which it's charged depends on the specifics of the circumstances and include: - State jail felony: This is levied when a person recklessly causes bodily injury or when they are criminally negligent and cause any harm to the child. Omission Based on Acknowledged Religious Method of Healing. Committing serious bodily injury results in death, the risk of death, permanent disfigurement, or long-term loss or impairment of organs or bodily functions.
A firearm is recklessly discharged from a motor vehicle towards a home, business or another vehicle, causing serious harm or injury to another party. Deadly Conduct (3rd degree felony or Class A misdemeanor); Pen §22. It is most common to be charged with child endangerment and DWI child passenger if there was an accident or if a child was injured. Automatic driver's license suspension up to 180 days. You can also read about other laws governing assaultive offenses in this chapter. A criminal defense attorney from our team will look for these inconsistencies and other clues to disprove the allegations. He can provide an honest and thorough evaluation of your case as soon as you call our firm at (713) 225-8000 or toll-free at [phone-tollfree] to take advantage of a initial consultation. Traumatic Brain Injury, Texas Health and Safety Code § 92. Before you speak with anyone about the case, call Blass Law at 713-225-1900 to let us review your case and see how we may be able to protect you. 04(k), it is also a defense to prosecution under this section that the alleged act or omission consisted of reasonable medical care occurring under the direction of or by a licensed physician; or emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts.
At The Fulgham Law Firm, we offer free consultations and a free case analysis where one of our 5 Former Prosecutors will be happy to walk you through the process and answer any questions you have about how to defend your injury to a child case and how to protect your freedom and your future. What did a person say to the child? In a lot of instances, mothers are charged with this offense. That places a child younger than 15 years.
Having custody, care, or control of a child younger than 15 years of age. 2nd Degree Felony, if: abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment. Also, they must have notified the child's parents or someone acting in loco parentis to the child in writing that care is no longer being provided before the injury. "Thanks Randall for getting my charges reduced. Under Texas law (Texas Penal Code § 22.
Harassment by Persons in Certain Correctional Facilities; Harassment of Public Servant. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT applies to an employee of a public or private school serving students through the twelfth grade. If they're found guilty, they could be sentenced to up to 10 years in prison and/or fined up to $10, 000. Threatening harm or death to the victim or using a weapon in order to get the victim to comply sexually. Then you need to speak to a lawyer right away. For this defense to be available, a doctor must have prescribed drugs or ordered medical treatment, and these prescriptions or orders must have been followed. Sexual contact is a person touching the anus, breast, or any part of the genitals of another person, including touching through clothing.
If you are arrested and charged with assault in Texas, you should act quickly and deliberately to protect your rights. After intentional conduct, knowing conduct is the second highest mental state. Our team takes each case we handle seriously, whether it involves a misdemeanor or felony. Chapter 21 of the Texas Penal Code governs the crime of INVASIVE VISUAL RECORDING in Texas. After you are arrested, the charges against you will be formally read, and you will have an opportunity to enter a plea of guilty or not guilty for the court record. Your attorney will assess the specifics of your case to determine the best path forward. 05(a) Tex Penal Code – Imminent danger of serious bodily injury. What Our Texas Family Violence Lawyers Can do for You. Likewise, the individual may be charged if they failed to do something to stop harm from being caused to the child, meaning they didn't act at all. Our criminal defense lawyers will provide the aggressive representation you need to fight your charge.