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Under section 46.05(a)(3) of the Texas Penal Code, it is a felony to possess, manufacture, transport, repair, or sell a “prohibited weapon,” including a chemical dispensing device. Chemical dispensing device meansa device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.It’s hard to think of any substance that is not “capable of causing an adverse psychological or physiological effect on a human being.” Even water or air, in sufficient quantities or administered…
Continue Reading Legal Oddities: Criminal Hairspray

What is Online Solicitation of a Minor?Online Solicitation of a Minor is one of two offenses created by sections 33.021(b) and 33.021(c) of the Texas Penal Code:Sec. 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section:(1) “Minor” means:(A) an individual who is younger than 17 years of age; or(B) an individual whom the actor believes to be younger than 17 years of age.(2) “Sexual contact,” “sexual intercourse,” and “deviate sexual intercourse” have the meanings assigned by Section 21.01.(3) “Sexually explicit” means any communication, language, or material, including a photographic or video image, that relates to or describes sexual…
Continue Reading Defending the Online Solicitation of a Minor Case

Facing drug-possession charges can be a harrowing experience with potentially severe consequences. To navigate the complex legal system and protect your rights, you’ll need a top drug-possession lawyer on your side. But how do you find the best attorney for your case? In this post, we’ll explore the essential qualities to look for in a top drug-possession lawyer and why choosing the right attorney can make all the difference in your case’s outcome. Experience and ExpertiseOne of the most critical factors to consider when searching for a top drug-possession lawyer is their experience and expertise. You’ll want an attorney who…
Continue Reading How to Choose the Best Drug-Possession Lawyer for Your Case

Facing false allegations of a sex crime can have severe consequences on your life, including potential imprisonment, damage to your reputation, and long-lasting effects on your personal and professional relationships. In such high-stakes situations, finding the right sex-crime attorney is crucial to defending your rights and protecting your future. In this post, we will discuss the factors you should consider some when selecting the best sex-crime attorney to represent you. Experience and ExpertiseSome lawyers will not take sex-crime cases. Some will take them only reluctantly. Some will take them enthusiastically, but then not put their heart into the defeense. When…
Continue Reading Choosing the Best Sex-Crime Attorney for Your Case

IntroductionIn the realm of criminal law, the stakes are often high, and the consequences of a conviction can be severe. One aspect of criminal law that adds even more complexity and potential hardship for defendants is the concept of enhanced penalties. In this post, we will explore the world of enhanced penalties, the factors that can lead to them, and how a skilled criminal defense attorney can help clients facing these daunting legal challenges. The Basics of Enhanced PenaltiesEnhanced penalties are increased punishments for criminal offenses, typically imposed when certain aggravating factors are present. These factors can include prior convictions,…
Continue Reading The Complex World of Enhanced Penalties in Criminal Cases

Facing criminal charges can be a daunting and overwhelming experience. Your freedom, reputation, and future are at stake, making it crucial to secure the best possible legal representation. With countless criminal defense attorneys out there, finding the right one near you can feel like searching for a needle in a haystack. In this blog post, we will discuss essential tips to help you find the right criminal lawyer in your area to defend your rights and fight for the best possible outcome. Research the Best Local AttorneysStart by compiling a list of the best criminal defense attorneys in your area.
Continue Reading How to Choose the Best Criminal Lawyer Near You

A “defense” and an “affirmative defense” are two distinct legal concepts used in criminal law. A defense is a claim or argument made by the accused that negates or refutes the prosecution’s case, without admitting to the commission of the crime. Essentially, it asserts that the defendant’s actions were justified, or the prosecution has not met its burden of proving the defendant’s guilt beyond a reasonable doubt. The Texas Penal Code has various defenses, labeled in the code, “It is a defense to prosecution….” Some examples follow. Examples of Defenses Under Texas Penal Code.Section 8.02 – Mistake of fact: It…
Continue Reading Defenses and Affirmative Defenses in Texas

Entrapment is a rarely-used defense in Texas criminal cases for several reasons:

  • Difficult Standard. “It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.” Establishing this can be quite difficult.
  • Predisposition: The entrapment defense is not applicable if the defendant had a predisposition to commit the crime. If the prosecution can show that the defendant was

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    Continue Reading Entrapment in Texas: A Hard Sell