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Understanding Drug Free Zones in Texas

Posted on in Criminal Law

texas drug crime defense lawyerTexas takes the illegal buying and selling of controlled substances very seriously. A drug crime conviction carries harsh penalties, including prison time, mountainous fines, and reputational damage that is difficult to repair.

However, not all drug crimes are the same. The location of the crime impacts the penalties, with Texas law punishing offenses that occur in “drug free zones” more harshly.

What Places Are Considered Drug Free Zones?

In the State of Texas, the following locales are considered drug free zones:

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texas assault defense lawyerMost people are familiar with the crime of assault. When they hear the word, they often imagine a victim being punched, hit, or inflicted with some kind of physical blow. Although this constitutes one kind of assault in Texas, other kinds of assault exist, some of which involve no physical contact. The nature of the assault determines whether the offense is a misdemeanor or a felony. The circumstances of the alleged assault also influence the defendant’s sentence.

Misdemeanor Assault

  • Class C Misdemeanor Assault: A defendant may face a class C misdemeanor charge if the alleged assault victim suffers no bodily harm. Threats of imminent physical harm and offensive physical touching without consent may result in class C misdemeanor charges. The maximum penalty for this offense is a $500 fine.
  • Class B Misdemeanor Assault:  Class B misdemeanor assault charges may result from physical attacks against athletes and coaches by spectators. The maximum penalty for a class B misdemeanor assault charge is a $2000 fine and six months in prison.   
  • Class A Misdemeanor Assault: Any assault that results in physical harm may be charged as a Class A misdemeanor. The penalties for a class A misdemeanor assault charge are increased considerably, with defendants facing up to one year in prison and a fine of $4,000

Felony Assault

  • Third Degree Felony Assault:  Assault involving a public servant, government official, security officer, or emergency services personnel may be a third degree felony. 
  • Second Degree Felony Assault: The law finds certain parties especially vulnerable and upgrades a class A misdemeanor assault charge to a second degree felony if the victim is a family member, a dating partner, or a roommate. Convicted parties may face anywhere from 2-20 years in prison and a fine up to $10,000.
  • First Degree Felony Assault: Aggravated assault against a family member, dating partner or roommate is upgraded to first-degree felony assault. Assault is considered aggravated assault if the alleged crime results in serious bodily injury or a weapon is used during the assault. 

Contact a Texas Assault Defense Attorney

A felony has repercussions well beyond prison time. If convicted, you may also face serious fines, loss of freedom, and a personal stigma that is difficult to shake. A lawyer can identify flaws in the prosecution’s strategy and launch a counter-investigation to uncover the facts. Law Offices of Sam H. Lock has been providing rigorous criminal defense representation for years. We go the extra mile for our clients, ensuring their rights are respected at each step of the process.

If you need an experienced San Antonio criminal defense attorney that stands up for the client, contact Law Offices of Sam H. Lock today at 210-226-0965 for a free initial consultation.

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How Does Texas Define Stalking?

Posted on in Criminal Law

texas defense lawyerDomestic violence can take many different forms; in fact, it does not even require physical contact. Sometimes, simply a person’s presence is enough to constitute the crime. Stalking is one example of this.

In the State of Texas, a person may be convicted of stalking if their behavior causes someone to fear for their safety.

Stalking Charges in San Antonio 

Stalking encompasses a wide range of behavior and could include verbal communication, trespassing on the victim’s property, and repeatedly following the victim. If these actions make the victim fear there is imminent danger to themselves, their family, or their property, the actions may constitute stalking. 

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texas criminal defense lawyerIn addition to serving jail time and paying fines, convicted felons are forced to forfeit certain rights. At the State and Federal levels, felons face unique restrictions not imposed on the rest of society. Texas is no different in this regard.

Felons face many unique limitations in the Lone Star State, but one in particular stands out – gun possession.

The State places certain restrictions on when a Texan with a felony conviction may own a gun.

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texas criminal defense lawyerAt more than 1,200 miles, Texas has the longest border with Mexico than any other state in the country. Although concerns about illegal immigration are largely a federal matter, state lawmakers and residents in many ways see it as a state issue as well. So, it begs the question: when is human smuggling a state or federal crime in Texas? 

The short answer is the fate of a person who smuggles illegal immigrants, or people who have entered the country without prior authorization from the U.S. government, largely depends on the law enforcement agencies involved in the arrest and the severity of the crime. 

State Human Smuggling Laws

The Texas Penal Code considers the smuggling of persons as a felony and defines it in three different ways. 

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