The definition of an aggravated crime will vary from state to state, which is why many people wonder what it means when it’s used in the criminal justice system. Is there really a difference between a robbery and an aggravated robbery in Texas, and is one worse than the other? The simple answer to that question is “yes.” Aggravated crimes are more serious, so they’ll have more severe penalties. But to be charged with an aggravated crime, you had to something that made the offense more dangerous. Breaking into someone’s house will lead to a burglary charge, but doing it with a loaded gun in your possession will lead to an aggravated burglary charge (even if you never used the gun or threatened anyone after the break-in). In many cases, having a dangerous or deadly weapon in your possession when you committed the crime is enough for police or prosecutors to elevate the charge.

When a Crime is Considered “Aggravated” in the State of Texas

In the state of Texas, any crime can be “elevated” to a higher level of punishment if it’s classified as “aggravated.” According to the Texas Penal Code, any type of aggravated crime will involve one or more of the following:

• You intentionally, knowingly, or recklessly caused serious bodily injury to someone else.
• You used or displayed a weapon when you committed the crime (including the act of threatening someone else with serious bodily injury).

The Texas Penal Code also has a charge of “deadly conduct,” which is similar to an aggravated charge but with some differences. Instead of a special circumstance that elevates a less serious charge, deadly conduct is a crime in and of itself. And in the State of Texas, the crime of deadly conduct will involve one or more of the following:

• You recklessly endangered someone else or put him or her at risk of serious bodily injury.
• You knowingly fired a weapon at a dwelling, building, or vehicle with no regard for whether it was occupied.

In all of these scenarios, the term “serious bodily injury” is any type of injury that causes or puts someone at risk of death, permanent disfigurement, or loss of function in any part of the body. And the term “reckless” refers to any action that’s committed without any regard for the consequences or outcomes of that action. It does not, however, mean that the deliberate intention of harming someone is necessary. It simply refers to the deliberate disregard for the consequences of that action.

Crimes That Can Become Aggravated in the State of Texas

According to the Texas Penal Code, the term “aggravated” usually refers to an enhancement or special circumstance of the crime. And its purpose is to increase its level of punishment. Almost any type of crime can be enhanced by an “aggravated” charge, but there are some common ones that often get this classification. Some of them include but may not be limited to:

• Aggravated Assault — Simple assault is usually considered a misdemeanor, but aggravated assault in Texas is often considered a second degree felony. It can, however, go up to a first degree felony in some circumstances. This can include the aggravated assault of a family member or domestic partner, or the intimidation of a witness. It can also be considered a first degree felony if you committed the action against a child, someone over the age of 65, or a public official.
• Aggravated Sexual Assault — Aggravated sexual assault or aggravated sexual battery occurs when a weapon was used or unwanted sexual contact was forced with the threat of harm. And if it involved the act of penetration, it can be considered rape.
• Aggravated Robbery — Also called “armed robbery,” an aggravated robbery in Texas takes place if a weapon was used or displayed, involved the threat of bodily harm, or a threat to use a weapon was made.
• Deadly Misconduct — Deadly misconduct in Texas is often considered a Class A misdemeanor. But if you fired a weapon, it will be upgraded to a third degree felony.

Aggravated assault in Texas or any other crime with this type of classification can come with a longer jail or prison sentence, as well as a larger fine than if it occurred without this enhancement. If you have been arrested for a crime with an “aggravated” enhancement or any crime of deadly misconduct, you need to speak to a criminal defense attorney. And Gale Law Group has a team of qualified people who can come up with a solid defense.

If you’re looking for a criminal defense lawyer in Corpus Christi that will fight for you, get in touch with us today!

CORPUS CHRISTI, Tex. — The coronavirus pandemic has led to a balancing act with the scales of justice as judges and others must consider public safety along with inmates’ rights to a hearing.

CORPUS CHRISTI, Tex. — All of Nueces County is counting down to 11:59 tonight.

That’s when County Judge Barbara Canales’ stay-at-home order takes effect. Under the order, residents are required to stay at home, and non-essential businesses close.

The decision has left many parents scrambling, trying to figure out how they can make this work with their job and wondering just how long this will last.

CORPUS CHRISTI, Texas — Several school districts in the Coastal Bend made the decision to close schools this week in an effort to hinder the spread of COVID-19.

The decision has left many parents scrambling, trying to figure out how they can make this work with their job and wondering just how long this will last.

Attorney Amie Augenstein with the Gale Law Group said the State of Texas does not mandate employers to have a paid time off policy. If you find yourself in a bind with your employer because you or your child is sick, she recommends calling the Texas Workforce Commission.

In the United States, you’re considered innocent until you’re proven guilty. So, the burden of proof is on the prosecution — not you. Some criminal cases are fast (with judgments being made quickly), while other involve a long and drawn-out trial with a lot of “back and forth” between the prosecution and the defense. In these types of close cases, the defense can use the presumption of innocence to its advantage — all while planting seeds of doubt in the jurors’ minds. Whether a witness testimony puts you at another location on the day that the crime was committed, or you decided to stand your ground, you’re granted certain rights that allow you to defend yourself. And if there’s any doubt in a juror’s mind, it could result in a “not guilty” verdict.

Criminal defense involves more than just trial work. In many cases, the defense of Texas criminal charges involves a great deal of evidence examination and negotiation with the government. And a lot of it takes place behind a desk or on the phone. Sometimes, the process will happen inside the hallway of a courthouse or in front of a judge’s bench during a motion hearing. While it may seem like a lot of it takes place inside a courtroom on TV crime shows, there’s a lot more going on behind the scenes (most of which is far from glamorous).

Where the Defense of Texas Criminal Charges Begins

From the time that someone feels like he or she might be under suspicion for some sort of wrongdoing by law enforcement to the time that they are interrogated, arrested, or charged, a legal defense will begin — at least, in a best case scenario. A criminal defense attorney will do many things to defend a client, which is why it’s important to get a professional involved as soon as possible. A qualified criminal defense attorney will make sure that things are done properly and that certain legal rights are protected.

If there’s a strong legal defense for a set of Texas criminal charges, it should be found as soon as possible so evidence can be gathered to support it. A solid defense needs more than someone’s word. Prosecutors and law enforcement officials will want admissible evidence to support your claims before they’ll shift their focus away from you and move on to other things.

Common Defenses for Texas Criminal Charges

There are certain defenses that are common in criminal charges for both the State of Texas and on the federal level, which many state and federal attorneys will recognize. Proving these defenses may not be the same under the Texas Penal Code (as opposed to Federal Law), but the core defenses are largely the same. Some of the common defenses for criminal charges in Texas include but may not be limited to:

• Statute of Limitations — Most cases have time deadlines for government prosecution. So if a conviction doesn’t happen within a certain amount of time, the prosecution can’t file charges. This is a common safeguard for many defendants who have been accused of Texas criminal charges, especially with regard to prejudice and preaccusation delay.
• Alibi — This is a great defense, because it could prove that you didn’t the crime due to the fact that you were in another location. Alibi defenses are typically proven with witness testimonies because someone can say while under oath that you were somewhere else at the time that the crime was committed, but documents can be used as well.
• Insanity — While it doesn’t prove that you weren’t responsible for the criminal act, but it does prove that you were “unable to appreciate the nature and quality of the wrongfulness” of a specific act because of a specific mental illness. But, an insanity plea is not the same thing as “mental competency of an accused to stand trial.”
• Entrapment — This type of defense is made against the government, which argues that you were induced to commit a criminal act from a governmental body or you didn’t have a “pre-disposition” to commit the crime before the government took action. It’s a strong defense, but it can be hard to establish and prove. The government is allowed to do certain things that many people may find questionable, which makes it hard to use entrapment as a valid defense.

The prosecution must prove “beyond a reasonable doubt” that you committed the crime before you can be convicted, and they need to do it with admissible evidence that has been properly authenticated. If you’re looking for a qualified criminal defense lawyer in Corpus Christi who will fight for you, be sure to get in touch with Gale Law Group. We would be happy to speak with you!

If you’re facing a DWI in Texas (whether it’s an arrest or a conviction), there are a number of things you have to consider. Will you have to spend time in jail? And if so, how much time do you have to serve? Probation might also be a possibility, and you may have to pay a series of fines. Your license could be suspended, and you may have to attend a DWI school or do community service. At least 13,000 people were involved in alcohol-related crashes in the State of Texas, and many of them were first-time offenders. Regardless of the statistics, one thing is clear — that no matter how many times you have gotten a DWI in Texas, the consequences of your actions can be serious. And if you manage to get out of it without going to jail, the State of Texas will do whatever it can to make you regret those drinks.

Texas has a “zero tolerance” policy when it comes to DWI offenses. So even if it’s your first time, chances are you’ll get more than a proverbial slap on the wrist. The reason for this harsh policy is because of the effect it has on lives and their families. At least one person in the State of Texas is killed or seriously injured in an alcohol-related car accident every 20 minutes. So in the span of one hour, at least three people will have their lives significantly changed because someone decided to drive drunk. In 2016, 38% of vehicular fatalities were alcohol-related, and 33.1% of them were 21 and younger.

DWI Laws in the State of Texas

In the State of Texas, it’s illegal to drive a motor vehicle with a blood-alcohol concentration (BAC) of .08 or more. It’s also illegal to operate a vehicle while you’re under the influence of drugs or any other controlled substance. So, you can be arrested for a DWI in Texas for both of these situations. If an officer suspects that you’re operating a motor vehicle while you have been impaired by alcohol, he or she may administer a breath or blood test. It will determine the amount of alcohol you have in your system. And if it’s above the legal limit, you could be charged with a DWI. People with a commercial driving license have a stricter limit, which is a BAC of .04. And if you’re a minor with a BAC that isn’t zero, you can be charged with a DWI.

Penalties for a DWI in Texas

The penalties for a DWI in Texas will depend on the number of DWI convictions you had in the past. Here are the penalties for a DWI conviction in the State of Texas:

• First Offense — A fine of up to $2,000 and 6-180 days in jail. Your license could also be suspended for at least 90 days and up to 1 year. This also includes a $2,000 annual fee for three years, which will allow the state to retain your license.
• Second Offense — A fine of up $2,000 and one month to one year in jail. You could also get your license suspended for at least a year, and you’ll have to pay a $2,000 annual fee for three years so the state can retain your license.
• Third Offense — A fine of $10,000 and 2-10 years in prison. Your license could also be suspended for 1-2 years, which will include a $2,000 annual fee for three years so your license can be retained.

If you refuse to submit to a sobriety test, your license could be suspended for 180 days if it’s your first offense and 2 years if you have had previous DWI convictions. If you commit a DWI offense with a child on board (under the age of 15), you can face jail time of 180 days to 2 years and fine of up to $10,000. If you have a BAC of .015 or more, you could spend a up to one year in jail and pay a fine of up to $4,000.

If you’re looking for a criminal defense lawyer in Corpus Christi that will protect your rights if you have been arrested for a DWI in Texas, Gale Law Group has a team of experts who will fight for you. So if you’re facing a DWI charge and want to work with the best criminal defense attorney in Corpus Christi, get in touch with us today!

White-collar crimes can be committed for a few different reasons. They could be influenced by money, influence, or even power. But they’re typically non-violent offenses that are committed by someone with some level of privilege. There is, however, more to understanding the psychology of a white-collar criminal than knowing why they commit these offenses. But what separates them from other crimes is that it requires some level of privilege. Unlike burglary and assault (which can be committed by anyone), a white-collar crime (such as embezzlement and corporate fraud) can only be committed if someone has access to certain financial accounts and confidential information.

Reasons for Committing White-Collar Crimes

The main reason for committing a white-collar crime is personal gain, which typically involves some type of profit. But if you really want to understand why people commit these crimes, you need to understand the psychology that motivates them to ignore business ethics and violate the law. Some of the motivations that drive a white-collar criminal include:

• No regard for company or industry ethics.
• Believing that their actions aren’t serious enough to have any major consequences.
• Believing that they won’t get caught for doing it anonymously.
• Believing that everyone else in the industry engages in the same activities or behaviors.
• Believing that they’re invincible because of their success.
• Believing that there is a moral justification for their actions (such as an act of retaliation or punishment).

These are some of the main driving factors, but there may be other reasons why someone will commit a white-collar crime. In most cases, it involves a thought process where the person committing the offense weighs the benefits over the potential consequences. An article that was published in 1976 said that “unlike the tempestuous and murderous spouse or the impoverished and desperate murderer, suit criminals are sophisticated and deliberative businessmen who engage in crime only after carefully calculating the benefits and costs.”

Types of White-Collar Crimes

Because they’re non-violent, some white-collar crimes can seem victim less at first. But every white-collar crime has a victim, which are often the shareholders of a company. In other cases, they can be company employees and even their customers. If a white-collar criminal commits an offense inside a governmental body or non-profit organization, the people who are served by these entities are the ones who suffer. Even the government wills suffer when someone in a particular department commits a white-collar crime, and it will often affect its constituents.

There are many types of white-collar crimes, but some of the common ones include but may not be limited to:

• Tax fraud.
• Bribery.
• Embezzlement.
• Price fixing.
• Identity theft.
• Insider trading.
• Securities fraud.
• Personal use of corporate or government funds.

A white-collar criminal can either act alone or work with a group. And depending on the offense, a person who is convicted of this type of crime could face the following penalties:

• Prison time.
• Probation.
• Restitution.
• Loss of professional licenses.
• Community service.

Most of the people who commit these types of crimes have a managerial position in a company, but they can also work as consultants or contractors for the organization. They will also have at least a bachelor’s degree and will make a comfortable living. Some of the people who can commit a white-collar crime include but may not be limited to:

• Lawyers
• Accountants
• Corporate vendors
• Financial advisors
• University faculty
• Clergy members

Unlike a robbery or act of harassment that becomes obvious the moment the incident occurs, a white-collar crime can go undetected for months or even years. But there are a number of laws that are meant to sabotage and prevent white-collar crimes. Two of them include the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Sarbanes-Oxley Act.

Your Choice for a Criminal Defense Lawyer in Corpus Christi!

If you have been accused of a white-collar crime and need a qualified criminal defense lawyer in Corpus Christi, Gale Law Group has a team of people who can help you. We’ll work hard to come up with a solid defense, which will minimize your chances of getting convicted of a crime you didn’t commit. We’ll also work hard to protect you and your rights, so you’ll be treated fairly throughout the process. That’s why we’re one of the best criminal defense attorneys in the Coastal Bend.

If you want more information about how we can help you defend your case, feel free to reach out to us. We would be happy to answer any questions you may have!

Many states treat assault and battery as two separate crimes, while others treat them as the same charge. And the reason for this is because the two offenses are closely related. The term “assault” refers to any action that puts someone else under threat of bodily injury, while “battery” refers to any type of physical contact to the other person. Both actions are offensive and injurious in nature, and both of them are seen as “intentional torts.” So, someone can sue you for these actions in a civil court and can get monetary compensation for any injuries that you have inflicted.

In the State of Texas, the elements for assault and battery are the same. But there are many classifications for different degrees of this offense. Threatening someone with bodily harm in the State of Texas may result in a fine, while actually causing harm against someone (which is usually charged as “battery” in other states) can result in jail time for up to one year.

Assault and Battery Laws in the State of Texas

In the State of Texas, someone commits an act of assault if he or she:

• Intentionally, knowingly, or recklessly causes bodily harm to another person, including his or her spouse.
• Intentionally or knowingly threatens someone with bodily harm to another person, including his or her spouse.
• Intentionally or knowingly makes physical contact with someone else when he or she knows that this person will see it as offensive or provocative.

Assault charges in Texas can have several different classifications as either a misdemeanor or a felony. Misdemeanor classifications for assault include:

• Class C Misdemeanor — You threaten someone with bodily harm or make physical contact in a way that may considered provocative or offensive, and they’re done with no other “aggravating factors.”
• Class B Misdemeanor — You commit assault against someone who is a sports participant during a performance or in retaliation for one that previously occurred.
• Class A Misdemeanor — You cause bodily injury to someone else without any other “aggravating factors,” or you make physical contact with an elderly person in a provocative or offensive manner.

An assault charge can be classified as a 3rd degree felony if you commit it against any of the following:

• A public servant while this person is performing his or her official duties.
• A family member, someone living in your household, or someone with which you are in a dating relationship when you haven’t been convicted of a similar offense.
• Someone who has been contracted by the government for certain family services while this person is performing his or her official duties.
• A security officer who is performing an action that falls within the scope of his or her official duties.
• Any emergency services person who is performing his or her official duties.

A 2nd degree felony charge will involve any of the following:

• You commit an offense against a family member, someone living in your household, or someone with which you are in a dating relationship, and you have been convicted of a similar offense.
• You intentionally, knowingly, or recklessly stop the breathing or blood circulation of someone else by choking or strangulation.

Any form of aggravated assault in Texas is seen as a 1st degree felony if it’s committed against any of the following:

• A public official, police officer, emergency worker, security guard, witness, or informant
• Someone with whom you are in a dating relationship.

Any form or assault is considered “assault” if the action results in serious bodily injury or involves any type of weapon.

Penalties and Sentences for Assault in the State of Texas

The penalties and sentences for assault in the State of Texas include any of the following:

• Class C Misdemeanor — A fine of up to $500.
• Class B Misdemeanor — Up to 180 days in jail and a fine of up to $2,000.
• Class A Misdemeanor — Up to one year in jail and fine of up to $4,000.
• Third Degree Felony — Up to 10 years in prison and fine of up to $10,000.
• Second Degree Felony — 2 to 20 years in prison and fine of up to $10,000.
• First Degree Felony — 5 years to life in prison, including a fine.

The laws in the State of Texas are always changing. So if you want more specific information, feel free to speak to someone at Gale Law Group. We would be happy to answer any questions you may have about assault or any other type of criminal charge.

Trinidad Perez was facing life in prison.  He accepted a deal Monday morning, pleading guilty to one charge of abuse of a corpse, and was sentenced, according to Nueces County First Assistant District Attorney Matt Manning.

The other two charges he was facing, murder and tampering with physical evidence, were dismissed pending further review.

Read The Full Article Here

Knowing the different types of parole violations in the State of Texas can help you to determine if you’re risk of a parole revocation. You need to take any parole violation seriously, and you should never sign any paperwork forcing you to acknowledge that you committed a parole violation unless you speak to a qualified attorney. Never waive your rights to a hearing if you’re accused of a parole violation, because you could go back to prison. When you were locked up, you only had a few rights and no personal liberty. Now that you’re out or on probation, you need to understand your rights because the U. S. Constitution gives you certain rights. So if you have been accused of a parole violation, you should speak with an attorney as soon as possible.

Common Conditions of Parole

When you have been released on parole, you’re required to at least maintain some type of steady employment or continue an education track that you have previously started. You need to make regular reports to a parole officer, and you must notify this person of any change of address. Make sure you don’t possess, use, or distribute any controlled substance, and you won’t be allowed to have a firearm or any other type of weapon in your possession. You also have to avoid contact with anyone who is in a correctional facility or on parole. Getting tested for drugs is a common condition for parole, and you will have to submit to a warrant-less search and seizure without probable cause.

If you violate any of the conditions of your parole, some form of action will be taken. And you may be charged with another criminal offense, which could result in additional proceedings. You are still entitled to due process, which will take place in the form of hearing. But even if you’re suspected of a parole violation, you will still get a warrant for your arrest if you’re not already in custody. You will then have to attend a preliminary hearing, where an officer or group of officers from the parole board with which you’re not associated will listen to evidence related to your case. And during this time, they will determine whether you have violated the conditions of your parole.

If they determine that there’s enough evidence to support this accusation, they will continue with a probation revocation hearing to determine the next course of action. In some cases, you may be held until your final hearing. This decision will be made during the preliminary hearing. But there are some situations where they will move forward with the probation revocation hearing without any preliminary proceedings. This can happen if you left the state without permission or without reporting to your parole officer in advance. But for these circumstances to move forward, the judge will be required to issue a temporary revocation order.

The Parole Revocation Hearing

The revocation hearing is where the fate of your parole will be determined. The parole board will usually have several options — one of which is an actual revocation. But they may also take some other action. They could transfer you to a substance abuse treatment center, or they could allow you to stay on parole under the same or a modified set of conditions. This will depend on the nature and severity of your violation, how much time you have left on your parole, and your behavior outside of the violation.

Once you have been accused of a parole violation, you can present evidence that moves the cards in your favor. You want to prove that you didn’t violate your parole when it’s possible, because you have to deal with any consequences. But you also have the option to defend or justify the violation that did occur. You could try to prove that it was necessary or accidental, which could cause the board to not take any action at all or take some other action other than sending you to jail.

Qualified Criminal Defense Attorney in Corpus Christi!

Regardless of the circumstances of your parole violation, you should speak to someone at Gale Law Group. We have years of combined experience in all areas of criminal defense, so we have all the tools you need to protect your rights. If you want to work with a qualified criminal defense attorney in Corpus Christi who will fight for you, be sure to get in touch with us. We would be happy to speak with you!