Gale Law Group
14633 S. Padre Island Dr.
Corpus Christi, TX 78418
361.808.4444
  1. Punishments for Possession and Trafficking of Marijuana

    The laws for marijuana use have changed at a rapid pace in the United States, especially in recent years. This has left people confused about what is and isn’t legal in different parts of the country. The attitudes toward marijuana use has changed quite a bit throughout many parts of the country, but Texas has gone its own way. Many states have allowed for the medical use of marijuana, has decriminalized petty offenses, and has even legalized recreational use. Texas, on the other hand, continues to impose severe penalties for marijuana use, but it did pass a very restrictive medical cannabis law that allows for the limited use of low-THC, high-CBD cannabis oil.

    Marijuana cultivation

    In the State of Texas, possessing even a small amount of marijuana can result in jail time. Anything less than two ounces can lead to jail time of up to 180 days and a fine of up to $2,000. But if you’re caught carrying concentrates (such as hash oil), you’ll be charged with a felony and can lead to prison time of up to two years. While there have been some more progressive proposals with regard to marijuana legislation, only one bill has allowed for the limited use of low-THC cannabis products. And Texas lawmakers have legalized the commercial production of hemp.

    Recreational Marijuana Laws in the State of Texas

    It’s a crime in the State of Texas to possess marijuana for recreational use. If you’re caught with up to four ounces of pot, you’ll be charged with a misdemeanor. This could lead to a fine of up to $4,000 and a year in jail. Being caught with more than four ounces is a felony, which can lead to at least 180 days and up to 99 years in prison and a fine of $10,000 – $50,000 (depending on the amount). There have been efforts in the Texas legislature to decriminalize marijuana, but nothing has passed. Possession of pot will result in prosecution, including the mandatory minimum sentence for the possession and sale of large amounts.

    The drug penalties in the State of Texas depend on three factors:

    • The amount of the substance you have in your possession.
    • The type of substance in your possession.
    • Whether you were in the presence of minors when you were caught.

    The penalties for marijuana possession in the State of Texas include:

    • Under 2 ounces: Class B misdemeanor.
    • 4 ounces to 5 pounds: State jail felony.
    • 5-50 pounds: 3rd degree felony.
    • 50-2,000 pounds: 2nd degree felony.
    • Over 2,000 pounds: Texas Department of Criminal Justice Institution for life or 5-99 years and a $50,000 fine.

    The penalties for the sale of marijuana in the State of Texas include:

    • 0.25 ounces or less: Class B misdemeanor (with no renumeration).
    • 0.25 ounces or less: Class A misdemeanor (with renumeration).
    • 0.25 ounces to 5 pounds: State jail felony.
    • 5-50 pounds: 2nd degree felony.
    • 50-2,000 pounds: 1st degree felony.
    • Over 2,000 pounds: Texas Department of Criminal Justice Institution for life or 10-99 years and/or a fine of $100,000.

    If you deliver over 0.25 ounces of marijuana to a minor under the age of 17 who is currently in school, you’ll be charged with a second-degree felony. And if you’re in a drug-free zone, the penalties will be doubled.

    Medical Marijuana Laws in the State of Texas

    While there has been some legislative support for the medical use of marijuana in the State of Texas, no comprehensive law has been put into place. But the state did pass a low-THC cannabis oil bill. Patients who qualify need to get a prescription from two certified specialists before they can be legally allowed to use cannabis oil with up to 0.5% THC. While the law has been put into effect, many people are skeptical about whether it be successfully implemented. While doctors can “prescribe” patients, few of them are willing to do it because prescribing a Schedule I Controlled Substance could put their DEA license at risk.

    When the law was first passed, it only applied to the treatment of intractable epilepsy. But last year, Governor Greg Abbott signed a bill that expanded it to the following conditions:

    • Alzheimer’s Disease
    • Amyotrophic Lateral Sclerosis (ALS)
    • Autism
    • Huntington’s Disease
    • Multiple Sclerosis (MS)
    • Parkinson’s Disease
    • Spasticity
    • Terminal Cancer

    Hemp-based CBD products are legal under Federal Law, but state laws may vary. Feel free to speak to someone at Gale Law Group for more information. We’re a criminal defense lawyer in Corpus Christi that will fight for you. So if you’re facing a marijuana charge, be sure to reach out to us.


  2. Crime Trends and Statistics in Corpus Christi from the Last Decade

    In 2018, the Corpus Christi crime rate was 411 per 100,000, which was 1.5 times higher than that national average. This was also higher than 91.9% of U.S. cities and was an 8% increase compared to the previous year. The city had 24 homicides, which was an increase of 3 compared to 2017. And in the last five years, the City of Corpus Christi experienced an increase in violent crimes. The overall crime rate in Corpus Christi is higher than other areas of the Coastal Bend, which have the following crime rates:

    • Portland has a crime rate of 154.6 per 100,000.
    • Gregory has a crime rate of 70.8 per 100,000.
    • Ingleside has a crime rate of 175.5 per 100,000.
    • Taft has a crime rate of 146.4 per 100,000.
    • Robstown has a crime rate of 422.9 per 100,000.
    • Aransas Pass has a crime rate of 430.8 per 100,000.
    • Port Aransas has a crime rate of 428.7 per 100,000.
    • Sinton has a crime rate of 457.8 per 100,000.
    crime statistics

    The City of Corpus Christi has been consistently higher than the national average since 2002. And as of September 1, 2020, there were 1,086 registered sex offenders living in the area.

    Individual Crime Rates in Corpus Christi

    The individual crime rates increased in 2018 compared to the previous year. And while the overall crime rate has gone down compared to what it was in 2005 (which was at 540.4 per 100,000), there has been a steady increase in many crimes in the city. Some of the crime statistics for the City of Corpus Christi include:

    • The murder rate in 2018 was 24 per 100,000. This is higher than it was in 2005, which was 8 per 100,000.
    • The number of rapes was 296 per 100,000 in 2018, compared to 217 per 100,000 recorded in 2005.
    • 515 robberies were committed per 100,000 in 2018, compared to 481 per 100,000 recorded in 2005.
    • 1,654 assaults were committed per 100,000 in 2018, compared to 1,342 per 100,000 recorded in 2005.

    Some crime rates were lower compared to what they were in 2005, but they were still higher compared to more recent data. Some of these crime rates in Corpus Christi include:

    • 2,146 burglaries were committed per 100,000 in 2018, compared to 2,232 per 100,000 recorded the previous year.
    • 8,913 thefts were committed per 100,000 in 2018, compared to 8,776 per 100,000 recorded the previous year.
    • 913 auto thefts were committed per 100,000 in 2018, compared to 731 per 100,000 recorded the previous year.
    • 70 arsons were committed per 100,000 in 2018 compared to 57 per 100,000 recorded the previous year.

    The violent crime rate in Corpus Christi for 2018 was 434.4 per 100,000, which was higher than the national average of 207.3 per 100,000 recorded the same year. The property crime rate for the City of Corpus Christi was 308.0 per 100,000, which was higher than the national average of 189.3 per 100,000 recorded the same year. Both of these statistics were higher than they were the previous year. The number of law enforcement employees in the City of Corpus Christi (including police officers) in 2018 was 652, which includes 443 officers. And the average number of officers for every 1,000 residents was 1.35. This is lower than the Texas average for that year, which was 1.55. In fact, the average number of officers for every 1,000 residents has been consistently lower than the Texas average in previous years.

    The percentage of crimes committed in 2018 were as follows:

    • 61.3% were thefts.
    • 14.8% were burglaries.
    • 11.4% were assaults.
    • 6.3% were auto thefts.
    • 3.5% were robberies.
    • 2.0% were rapes.
    • 0.5% were arsons.
    • 0.2% were murders.

    For more information about the crime rates in Corpus Christi and how you can defend yourself if you have been accused, be sure to speak to a qualified attorney.

    Your Choice for a Criminal Defense Attorney in Corpus Christi!

    If you have been accused of a crime and need someone to come up with a solid defense, Gale Law Group is here to help. We have a team of experienced attorneys who will not only represent you in court but will also make sure that your rights are protected. We’re a criminal defense lawyer in Corpus Christi that will fight for you. So if you want the best chance to defend your case, be sure to get in touch with us. We would be happy to speak with you about the details of your case!


  3. CCISD offers tech support hotline for parents

    Here are some resources for parents who might be struggling with their kids learning online.

    CORPUS CHRISTI, Texas — Like most parents, Miranda Lindley knows the stress of having a child who is beginning the school year online versus in person.

    “The hardest part for us is having a six year old having, her sit still and keep her attention for the 30 minutes it would take on a screen,” said Lindley.

    Lindley, who has also been working from home because of the pandemic, knows she is one of the luckily ones as she is able to keep an eye on her daughter throughout the school day.

    Read the full article here!

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  4. Top 5 Crimes Committed in the State of Texas

    If you have ever wondered what the most common crimes in Texas are, you’re not alone. Every state has their own set of crime statistics. In Texas, they vary with the population of each area. Texas is the second largest state in the US, so it has everything from vast rural areas to the fourth largest city in the country. So the greater the city’s population, the higher the crime rate. The Texas cities with the highest crime rates include:

    • Houston
    • San Antonio
    • Dallas
    • Austin
    • Fort Worth

    The Texas Department of Public Safety provides crime reports and statistics for each year, which allows residents to keep up with the most common crimes. When people are aware of the most common crimes being committed in their state, they can take measures to protect themselves.

    Here are some of the most common crimes being committed in the State of Texas.

    Crime scene tape in the foreground with a blurred police car in the background at a crime scene.

    #1: Drugs

    While drug-related offenses are common in every state, it’s a major problem in Texas. Drug offenses make up the majority of Texas arrests, which includes possession. This is no surprise when you consider the size of the state itself, and it should be no surprise that, like most states, drug crimes are taken seriously in Texas. There are certain types of drugs that are illegal to use, manufacture, share, distribute, sell, or possess. Some of them include but may not be limited to:

    • Controlled Prescription Drugs (CPD).
    • Heroin.
    • Fentanyl and other synthetic opioids.
    • Cocaine.
    • Methamphetamines.
    • Marijuana.
    • New psychoactive substances (NPS).

    Both the State of Texas and the federal government believe that the same substances go against the interests of the public and need to be categorized as “controlled substances.”

    #2: Theft

    Theft is the second most common crime in Texas. In the last year alone, there were 518,000 theft-related arrests in the State of Texas. If you have been accused of theft in the State of Texas, you might be able to use the following defenses:

    • Lack of intent — You took the item without intending to steal it. You might have returned a borrowed item, regardless of how aggravating it might be for the owner.
    • Mistake of fact — The item was thought to have been stolen when it really wasn’t.
    • Age — While being a minor is not a complete defense, it may be a way to get a less severe penalty.

    Be sure to speak to a qualified attorney for more information.

    #3: Aggravated Assault

    About 118,000 people were arrested for this crime in the State of Texas, and this number includes simple assault as well. Someone commits an act of assault it he or she:

    • Intentionally, knowingly, or recklessly causes bodily injury to someone else (which can include the person’s spouse).
    • Intentionally or knowingly threatens someone else with bodily injury, which can include the person’s spouse.
    • Intentionally or knowingly makes physical contact with someone else when he or she knows or should reasonably believe that the other person will consider the contact offensive or provocative.

    Feel free to speak to qualified attorney for more information.

    #4: Burglary

    Anyone who illegally breaks into something is committing the crime of burglary. This can include a machine, a car, or a house. In the State of Texas, over 100,000 individuals are arrested every single year for committing burglary. Examples of this crime include but may not be limited to:

    • Staying past your permitted time in a private or public building with the intention of committing an act of assault.
    • Hiding inside a retail store after hours with the intention of committing an act of theft.
    • Entering a rail car with the intention of commit theft.
    • Breaking into a coin collection machine in an attempt to steal money.
    • Using a coat hanger to unlock a car door with the intention of stealing a purse.
    • Entering a recreational vehicle to assault someone inside.

    Feel free to speak to a qualified attorney for more information.

    #5: Robbery

    Unlike burglary, robbery is considered a violent crime because it involves direct contact with the victim (which will typically lead to injury). In 2017, over 32,000 people were arrested for robbery in the State of Texas. Not only is it one of the most common Texas crimes, it’s also extremely dangerous to the victim. You should always be alert when you’re walking alone, and you should keep a phone on you at all times.

    If you have been charged with any of these crimes, be sure to speak to someone at Gale Law Group. We’re a criminal defense attorney in Corpus Christi that will fight for you. So if you want to increase your chances of coming up with a solid defense, get in touch with us today!


  5. How You Can Get an Early Termination of Your Probation in the State of Texas

    If you have been charged with a crime in the State of Texas and took a probation, you might be able to get an early termination. But to qualify, you need to complete at least a third or two years of your probation (whichever is less). Some serious offenses prohibit judges from approving an early termination of probation. If you have any questions about whether you’re able to get your probation terminated early, be sure to speak to a criminal defense attorney in Corpus Christi for more information.

    get out of jail probation
    Concept of escape of probation

    What is an Early Termination of Probation?

    Courts can decide to grant an early termination of probation, which they can do at their discretion. And they can grant it for many misdemeanor and felony offenses. Once you have gone through an early termination of probation hearing, you’ll no longer be on community supervision. But judges aren’t required to grant an early release. So, you won’t be able to force a judge to approve your motion for an early termination of probation. Even if you have completed all the terms, judges don’t have to grant an early discharge if they don’t want to. But most of them will listen to what you have to say and will try to reduce your probation whenever possible.

    You want to minimize what you have on your criminal record, so you can reduce the number of future consequences (both seen and unforeseen) related to these charges. An early termination or deferred adjudication is one way to start this process. Having a probation on your record is better than a prison sentence, but being successful on a motion for an early termination of probation will look even better. Getting a charge reduced is always preferable to pleading guilty, which is why you need to speak to a qualified attorney for more information.

    How Soon You Can Request an Early Termination of Probation

    If you were given a probation sentence, you can ask for an early termination after it has been imposed. But a court will usually require defendants to serve at least nine months (or even one year) of a misdemeanor probation. For felony charges, they’ll require at least 18 months before you can qualify for an early termination. If you were given a regular or “straight” probation, you’ll have to complete at least a third of your probation or two years (whichever is less).

    The Process for Requesting an Early Termination of Probation

    To get an early termination of your probation, you’ll have to work with a qualified attorney to go through the following steps:

    • Draft a motion that requests an early termination of your probation.
    • Schedule a date to appear in court.
    • Speak to the prosecutor and probation officer to get their support.
    • Present your argument to the judge.

    Before you can start your early termination of probation hearing, the prosecutor must get an advance written notice, so he or she has the opportunity to state any objections on the record. If your request for an early termination is successful, most judges won’t require you to pay any probation fees later on.

    How Courts Decide to Grant an Early Termination of Probation

    Courts will take a look at all the circumstances of your case, which can include but may not be limited to:

    • The seriousness of the events leading to the conviction.
    • Whether you have completed all the terms and conditions of your probation.
    • The extent or lack of your criminal record.
    • Whether the probation is keeping you from getting employment or any other benefits.
    • The prosecutor’s position on the issue.

    If you meet the basic requirements for an early termination of probation, the judge may consider your request if you meet all of the following:

    • You showed exemplary behavior during your probation.
    • You completed all the hours of your community service.
    • You paid all of your fines and restitutions in full.
    • You have met all the conditions of your probation.

    There are, however, some offenses (such as sex crimes and DWI charges) that aren’t eligible for an early termination. If you want more information about what you can do to start the process and whether you qualify, Gale Law Group can help you. We’re a criminal defense lawyer in Corpus Christi that can help you with the process. Feel free to reach out to us, so you can find out why we’re one of the best criminal defense attorneys in the Coastal Bend.


  6. Corpus Christi resident files lawsuit against former employer after she was let go for failing to report to work after she claimed to have COVID-19

    CORPUS CHRISTI, Texas — The lawsuit filed in federal court on June 5 claims Cimarron Place Health and Rehabilitation violated the family’s first act when it fired one of its CNAs.

    Attorney for the plaintiff Amie Augenstein said her client contacted several clinics as well as the health department. She was administered a test for COVID-19 and told to self-quarantine until she received her test results. 

    Read The Full Story Here!

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  7. How You Can Protect Yourself and Your Family from Drunk Drivers

    While the work of Mothers Against Drunk Driving (MADD) has brought forth a lot of changes, the dangers of Texas drunk driving still exists. People still drive while under the influence of alcohol, which continues to put people who share the roadways with them at risk. Not to mention, the people whose lives will be changed forever because they have lost a loved one or have suffered a terrible injury that has resulted in a disability. You might think you’re helpless when it comes to protecting yourself and your family from the damage that a drunk driver can cause, but there are some things you can do to stay safer while you’re on the road.

    Upset driver After Traffic Accident

    Your First Line of Defense Against Texas Drunk Driving

    Before you get on the road, you want to make sure you wear your seatbelt and require all of your passengers to do the same. You also want to keep a safe distance from any vehicle in front of you, because it will give you enough time to stop or avoid hitting a driver that may be moving erratically. And if you notice a driver who is swerving or driving in a strange manner, stay as far away from them as possible. Don’t try to stop or confront the driver yourself. Contact the police so you can notify them of the situation, and give them a description of the car as well as its license plate number if you can.

    Some of the common signs of a drunk driver include but may not be limited to:

    • Constant braking.
    • Turns that are sudden, illegal, or wider than usual.
    • Not using turn signals or lights.
    • Inconsistent accelerating or decelerating.
    • Drifting away from the lane or straddling the center line.

    Many accidents related to drunk driving happen at intersections, because the impaired driver isn’t following the traffic signal or stop sign. When a traffic light turns green or when you’re entering an intersection with a stop sign, be sure to look both ways for any oncoming traffic. And make sure you yield when it’s necessary.

    Legal Options if You Have Been Affected by Texas Drunk Driving

    If you have been forced to pay for the actions of an impaired driver, there are certain legal actions you can take that will force them to bear most or all of the financial burden through a personal injury or wrongful death lawsuit. The State of Texas allows for the recovery of any of the following:

    • Lost wages or earnings.
    • Lost earning capacity.
    • Pain and suffering.
    • Loss of enjoyment of life (which can include any physical impairments that affect your ability to complete everyday activities).
    • Permanent scarring or disfigurement.
    • Funeral expenses.
    • Counseling services (including grief counseling).

    The State of Texas also allows people who have been injured by a drunk driver or any family member who has lost a loved one because of an accident related to drunk driving to recover punitive damages against the impaired driver. These damages are meant to include additional punishments for the driver because of the choices that he or she made after you have been forced to live with the consequences. Punitive damages are also meant to serve as a warning to other people who are thinking about driving drunk.

    The State of Texas allows the victims of drunk driving accidents to take legal actions against a bar, restaurant, liquor store, or any other business that sold alcohol to the impaired driver. This is called a “dram shop liability lawsuit.” Texas businesses can be held accountable for any injuries of wrongful death that has been caused by a drunk driver in the following cases:

    • It served alcohol to someone who is visibly intoxicated and clearly presents a danger to himself or herself as well as to others.
    • It served alcohol to a minor who caused an accident because he or she was driving drunk.

    A dram shop liability lawsuit can be added to any legal claim that a victim and his or her family may have against the driver and his or her insurance. If a business decides to “overserve” someone who is clearly intoxicated or to a minor, it can be held financially responsible for any physical injuries, property damage, or death that has been caused by the drunk driver.

    For more information about drunk driving laws in Texas, be sure to contact Gale Law Group. We’re a criminal defense attorney in Corpus Christi that can help you with your case!


  8. How You Can Get a Loved One Out of Jail

    You never want to get that call. But if you do, your loved one may need your help. Bailing someone out of jail can be scary. If you have never done it before, you might even feel intimidated. The term “bail” refers to a deposit of money that the courts need for a criminal defendant to get out of jail, which they hold to make sure that he or she shows up to any court appearances. People often refer to “bailing someone out” when they give the courts a certain amount of money, so the defendant doesn’t have a stay in jail. The bail amount will depend on the type and severity of the charges, and there are some crimes where the courts don’t allow bail at all.

    get a loved one out of jail
    In a Police Station Arrested Man Getting Front-View Mug Shot. He’s Wearing Prisoner Orange Jumpsuit and Holds Placard. Height Chart in the Background. Shot with Dark Cold Lights, Vignette Filter.

    Ways That You Can Get Out of Jail in the State of Texas

    There are four ways you can get out of jail in the State of Texas:

    • Personal Recognizance — This is the most common for first-time offenders of non-violent crimes. They will be released with the promise that they return for all court hearings and appearances. This can be used for a variety of pre-trial diversion programs that are offered in the State of Texas. Court officials will check for any previous offenses, and they’ll determine if the defendant has any connections to the area (such as a job or family).
    • Cash Bond — The smallest cash bonds in Texas (which only apply to misdemeanors that haven’t been classified as “aggravated”) can be $1,000 or less. A defendant can choose to pay the amount out-of-pocket or get financial help from a co-signer. The money will be paid to the courts, but it will be returned (minus court costs and fees) as long as there isn’t a bail violation.
    • Security Bond — A bail bond agent can be hired if the amount is too much for the defendant to pay, even with the help of a co-signer. The advantage of using a bail bond agent is that the defendant can be released by paying 10% of the bail amount to the agent, and a co-signer can be used to help with some or all of the cost. However, there is one major risk. The defendant may not show up for every single court appearance. If the bail forfeiture goes through, both the defendant and the co-signer are responsible for paying the entire bail amount to the agent.
    • Property Bond — It doesn’t happen very often, but it’s an option for defendants with high bail amounts to post a bond. The property must be located in the State of Texas. There must also be paperwork that provides proof of ownership, its assessed value, and whether there are any liens on the property. The court can get the property’s title and can start the foreclosure process if the defendant doesn’t show up for a court hearing.

    If you want more information on how to get someone out of jail in the State of Texas, be sure to speak to a qualified attorney.

    How Bail Amount is Determined in the State of Texas

    There are certain things that the judge will consider before setting a specific bail amount, which will vary with each defendant. Here are some of the factors that will determine the amount  defendant will have to post before bailing someone out of jail:

    • The defendant’s criminal history.
    • The severity of the crime.
    • The chance that the defendant will flee.
    • How much of a threat the defendant poses to society.
    • The defendant’s financial resources.

    The defendant can either pay the entire amount, give the court some interest in his or her property, or he or she can hire a bail bondsman. The defendant can also have a loved one pay, but there are times when the amount is too high for the defendant to pay (even with additional help). And in these circumstances, there are other options. Defendants can use credit cards to pay their bond amount, as long as they have enough to cover additional interest fees. They can also use other items (such as jewelry, electronics, or other pieces of personal property) in place of or in addition to the bail bond premium.

    If you want more information about how to get someone out of jail, be sure to speak to someone at Gale Law Group. We’re a criminal defense attorney in Corpus Christi that can not only give you information about bailing someone out of jail but can also help you and your loved one come up with a solid defense. If you’re ready to work with the best criminal defense attorney in Corpus Christi, get in touch with us today!


  9. Businesses re opening, but not yet back to normal. Experts weigh in on how to safely get back to business

    CORPUS CHRISTI, Texas — While Governor Greg Abbott says businesses will be reopening step-by-step, what do owners and employees need to be thinking about?

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    Read The Full Story Here


  10. How the Term “Aggravated” Can Affect Your Case and Level of Punishment in the State of Texas

    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.

    Criminal with Knife Waiting for a Woman

    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!