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How is Indecent Assault Different from Sexual Assault in Texas?
A Kentucky man was recently arrested after allegedly sexually assaulting a mentally incapacitated resident at a Texas assisted living facility in Wylie. The 58-year-old man is facing charges of aggravated sexual assault and indecent assault. The alleged sexual assault was captured on a security camera installed in the victim’s room by her roommate’s family.
When reviewing the video, the roommate’s family member observed a male engaging in a sexual act with the other resident. Staff members from the facility were immediately contacted; they, in turn, contacted Wylie police. While the facility is fully cooperating with the investigation, the family of the victim removed her from the home. At this point in the investigation, it is not believed there are other victims.
Sexual assault, aggravated sexual assault, and indecent assault are all very serious sex crimes, with harsh penalties and the potential of being placed on the sexual offender registry. If you are facing sexual assault charges of any type, the outcome of your charges could hinge on whether you have a highly experienced Cooke County, TX sexual assault lawyer from Magaña & Van Dyke.
Can I Be Charged With Assault Without Causing Physical Harm?
When people think of assault, they usually picture a bar fight or some other kind of physical altercation. However, a person can be charged with assault even if he or she did not cause physical harm or make physical contact. There are several forms of assault under Texas law, all of which are treated harshly with severe penalties such as prison time and hefty fines. If you or someone you know is facing an assault charge, reach out to a qualified Texas criminal defense attorney.
What Is Assault?
Texas Penal Code § 22.01 defines assault as:
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Causing bodily injury to someone else
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Causing physical contact with someone when you know or should know that the person will find it offensive or provocative
Can Common Household Items Be Considered Drug Paraphernalia?
Texas law makes it a crime to possess drug paraphernalia with intent to use it. This means that even if you have not been found in possession of an illegal drug but possess utensils used for illegal drugs, you may be charged with a crime. But what objects are considered "drug paraphernalia"? Could everyday household items be included in that category?
Controlled substances are relatively easy to spot, but confirming whether an object is used for such substances is not so clear-cut. If you have been charged with possession of drug paraphernalia, reach out to a Texas criminal defense lawyer who will investigate your case and build a defense.
What Is Drug Paraphernalia in Texas Law?
According to the Texas Controlled Substances Act, drug paraphernalia is anything that is used for planting, growing, cultivating, processing, testing, making, storing, using, or hiding a controlled substance. This is a fairly broad definition that can include many objects, but the law also lists certain items that are considered drug paraphernalia:
Can I Be Charged if My Student Consents to a Relationship?
Romantic relationships between teachers and students are frowned upon by many educational institutions and states. Texas law is strongly opposed to sexual relationships between certain teachers and students, making them a criminal offense. Still, surveys report that as many as 10 percent of students report having sexual relationships with teachers, and 13 percent of educators report having them with students. If you are an educator accused of an improper relationship with a student, contact a Texas criminal defense attorney to begin building your defense right away.
What Is the Law About Relationships Between Teachers and Students?
Section 21.12 of the Texas Penal Code forbids sexual relationships between students and employees of primary or secondary schools. This means that any teacher, assistant, secretary, coach, janitor, or administrator in a primary or secondary school who has sexual contact or intercourse with a student is guilty of a crime. The law even covers students who are enrolled in the same school district where the employee works. It makes no difference if the student consents to the relationship or is at least 17 years old, which is the age of consent in Texas — it is still a criminal offense.
When Are Executives Personally Liable for Corporate Fraud?
Executives are responsible for the management of a company. Some are in charge of the company’s operations, while others are tasked with bringing in revenue, overseeing personnel, or establishing strategic partnerships.
So when corporate fraud is committed, who is responsible? A corporation is considered a person in the eyes of the law and can be indicted. Does that mean that if the company is charged, its officers and managers are not liable?
Corporate fraud encompasses a wide range of state and federal misdemeanors and felonies that are generally referred to as white-collar crimes. This article will discuss what corporate fraud is, when executives are liable for corporate fraud, and how to consult a Texas criminal defense attorney to protect you against corporate fraud charges.
What Is Corporate Fraud?
Corporate fraud is an umbrella term for different types of fraud that can be carried out through a corporation. These include:
What Are the Legal Defenses to a Disorderly Conduct Charge? | TX
Individual rights and liberties are a cornerstone of American life. This does not mean, however, that people have the right to do whatever they want in public. Peace and order are important for a functional society, which is why there are laws against disorderly conduct. In Texas, disorderly conduct is a criminal offense that carries penalties in addition to a criminal record.
However, Texas law’s definition of disorderly conduct is broad and vague, which can lead to violations of individual rights and freedom. If you or someone you know has been charged with disorderly conduct, contact a Texas criminal defense attorney who can protect your rights and help build a legal defense.
What Qualifies as Disorderly Conduct in Texas?
According to Texas Penal Code §42.01, a person commits disorderly conduct if he or she knowingly and publicly makes a threatening or offensive gesture or abuses someone in an offensive manner. This is a fairly vague provision because the law does not define "offensive." Something that is offensive to you may not be to someone else, and vice-versa. This could lead to situations where law enforcement officers arrest citizens for something they, the officers, consider offensive.
How Can I Fight a Solicitation Charge in a Sting Operation?
Law enforcement agencies use various methods to catch people committing crimes. One of those methods is sting operations, where agents or officers go undercover and present someone with an opportunity to commit an offense. This is a controversial but standard practice among state and federal law enforcement bodies.
Sting operations are commonly used to catch people soliciting or engaging in prostitution. Teams of law enforcement agents use aliases online to pretend to be minors or women who appear available for sexual encounters. When someone solicits them for sexual services, that person is charged with solicitation of prostitution.
Solicitation is a serious crime that carries severe penalties. To understand how to defend against such a charge, it is important to first understand what it is. This article will discuss what is considered solicitation of prostitution and how to contact a Texas criminal defense attorney to help build your defense.
Do I Need a Criminal Defense Attorney?
When faced with criminal charges, even minor ones, hiring a criminal defense attorney is crucial. Many people believe that they can handle minor legal issues on their own, especially if they think the charges are not serious. However, the legal system is complex, and what might seem like a small issue can quickly become fines, jail time, and a permanent criminal record.
A criminal conviction, no matter how minor, can have long-lasting consequences on your life, affecting your job, reputation, and future opportunities. This is why having a skilled Texas criminal defense attorney by your side is important to protect your rights and navigate the legal process effectively.
What Does a Criminal Defense Attorney Do?
A criminal defense attorney is a legal professional who defends people who have been accused of crimes. Their main jobs are to:
What Are the Penalties for Committing Forgery in Texas?
Are you or someone you know facing forgery charges in Texas? The situation is serious, and the consequences can be life-changing. Forgery accusations in Texas are not taken lightly by law enforcement or the courts. A conviction could mean jail time, hefty fines, and a criminal record that follows you for years.
But what exactly counts as forgery in Texas? What penalties might you be facing? And most importantly, what can you do to protect your rights and future? A Texas lawyer can help you figure out what you should do in your specific situation.
What is Considered Forgery in Texas?
In Texas, forgery covers various deceptive actions involving documents. It includes creating, altering, or using a false document with the intent to defraud or harm another person. This can take many forms, from putting someone else’s signature on a check to altering the amount on a financial document.
Defense Against False Protective Order Claims in Texas
In Texas, protective orders are powerful legal tools designed to protect individuals from abuse, harassment, or threats. However, these orders can sometimes be misused, leading to false accusations that can have severe consequences if you are accused. Understanding the process and your rights is helpful if you find yourself wrongly facing a protective order. A Texas lawyer can help you if you receive a false allegation.
The Impact of a Protective Order
A protective order, often referred to as a restraining order, can significantly affect your life, even if based on false allegations. The consequences may include:
- Restrictions on your movement and communication
- Potential loss of access to your home
- Limitations on child custody and visitation rights
- Negative impact on your reputation and employment
Contact Magaña & Van Dyke
Call 940-382-1976 or fill out the form below to set up a free consultation today:
From our office in Denton, we serve clients throughout Denton County and the surrounding areas, including Corinth, Shady Shores, Oak Point, Aubrey, Krum, Sanger, Argyle, Justin, Roanoke, Flower Mound, Highland Village, Lewisville, The Colony, Little Elm, Paloma Creek South, Gainesville, Lindsay, Muenster, Lake Kiowa, and Cooke County.
Results listed are not a guarantee or indication of future case results.
1417 E. McKinney Street, Suite 110,
Denton, TX 76209
940-382-1976
