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Articles Posted in Felonies

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Thousands of people here in Texas and across the country suffer from a variety of mental health issues. Those issues make their lives challenging, and some of them might even become violent. The question is whether they should be incarcerated or given the help they need. This question could play a significant role in a case involving a mother facing a capital murder charge.

Reports indicate that the woman’s father-in-law watched her take a knife from the kitchen and head toward the bedrooms. He then heard the screams of his 5-year-old granddaughter. When the mother returned to the kitchen, he claims she began stabbing him as he attempted to disarm her.

When police arrived at the home, they found the 58-year-old man in the driveway in possession of a 10-inch knife. He told officers that the 24-year-old mother was still in the house with his granddaughter. She was getting out of the shower when officers confronted her. Officers found the lifeless body of her daughter in one of the Texas home’s bedrooms. Police took her into custody, and she now faces charges for murder and aggravated assault.

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Even with all of the safeguards built into the criminal justice system, innocent people are still sent to prison. This possibility is why prosecutors — and not the accused individuals — must prove guilt in court and beyond a reasonable doubt. A case in point involves a former Texas police officer who spent 21 years in prison for a rape he says he never committed.

In 1994, a then 13-year-old girl accused the officer of raping her. Ten years later, the girl’s stepbrother told officials that she admitted to him that the story she told about the officer was untrue. When questioned about it, the woman told authorities that she lied about being abused by her stepfather. Even so, she maintained that the officer raped her.

Prosecutors and investigators relied on the now-woman’s original story despite the fact that no DNA evidence connects the officer to the girl. As for her stepfather, he entered into a plea agreement with prosecutors that resulted in a sentence of 10 years’ probation. Meanwhile, the officer continued to languish in prison. The Texas Court of Criminal Appeals ruled that there was enough evidence to substantiate giving the officer a new trial. He was finally exonerated and released recently after a not guilty verdict was handed down in less than two hours.

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A shooting in a Texas home on Tuesday Nov. 8 prompted an Amber Alert to locate the missing 16-year-old daughter and sister of the victims. The girl’s 21-year-old boyfriend was taken into custody the next day. By Thursday, officials located the girl’s lifeless body in a wooded area. By Nov. 15, her boyfriend was facing a murder charge, but he could end up facing three.

Police report that he remains a suspect in the murder of his girlfriend’s 37-year-old mother and 13-year-old sister. Reports indicate that the two were shot in the family’s home. Medical examiners said that the 16-year-old suffered stab wounds to which she succumbed.

Baytown police say that they located the accused man in a bar in Texas City. Officers rushed into the bar, struggled with him and removed him. The owner of the bar said that the dead girl’s boyfriend was drenched in sweat and not wearing any shoes at the time. Police claim that he resisted arrest, and surveillance from the bar shows that there was a struggle. At last report, he was being held in the Galveston County jail on a $50,000 bond.

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A neighborhood Halloween party here in Texas turned deadly when two men were shot and killed on Oct. 23. After some investigation, authorities arrested an Air Force veteran who then became a teacher at a middle school in his area. He now faces capital murder charges in connection with the deaths.

A 911 call came in at approximately 4 a.m. on the day in question. The caller heard the shots and waited until they had subsided before opening the door. He reported that a white male was hitting one of the victims — who was lying on the ground — with the butt of a rifle. He yelled at the man to stop, at which point the weapon was pointed at the caller.

The accused Texas man then reportedly took his 1-year-old child to a neighbor and admitted that he had just killed two people. He then supposedly told his wife to clean up blood in his gun cabinet. She also reportedly told police that he admitted to her that he killed the two men.

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When facing burglary charges in the state of Texas, the charged owes it to themselves to become familiar with the criminal law involved. This post provides a brief summary of the elements of the crime of burglary in the Lone Star State, as well as the elements of the related offense of criminal trespass.

Between the two crimes of burglary and criminal trespass, burglary is the more serious offense. In order to prove the crime of burglary, the prosecutor must prove that the defendant entered a private habitation or other building — without the consent of the owner — with the intent to commit an assault, theft or felony. The term burglary also encompasses the act of breaking into a coin-operated machine or entering a vehicle with the intent to commit a theft or felony.

Burglaries of private habitations and other buildings are felonies. Burglary of a private habitation is a second-degree felony, punishable by two to 20 years in prison and a fine not to exceed $10,000.

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People convicted of a felony crime in Texas face fines, a lengthy jail or prison sentence and having a felony conviction on their criminal records. These penalties are things that most people would prefer to avoid if possible. It can be very important to challenge prosecutors when they try to present sketchy evidence to judges and juries. Allegations of robbery from a Texas community show the kind of questionable evidence that is sometimes relied upon by prosecutors.

According to news reports, on May 14 a man entered a Texas credit union and presented a note demanding money. Shortly thereafter, a man with a similar description was allegedly seen fleeing the credit union. An eyewitness provided a physical description of the man to police, and police released what they said was an image of the perpetrator from a surveillance video taken near the scene.

It is important to keep in mind that just because a surveillance video exists, doesn’t mean that the images captured are that of the accused. Moreover, there is a danger that the widespread dissemination of the video image could taint the memories of eyewitnesses, causing them to misremember the physical description of the actual robber.

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Every year, numerous people in Bexar County find themselves facing felony charges. It’s natural to find the situation confusing and overwhelming. This is one area where you want to get excellent advice and counsel before making any life-impacting decisions.

For example, many people in Texas find that they are being accused of misapplication of fiduciary property. This is a felony charge in which the defendant is accused of intentionally, knowingly or recklessly misapplying property with which he or she has been entrusted. This type of charge typically involves an employee of a business or nonprofit organization. It may also arise for a person with a responsibility for making decisions on behalf of a friend or relative. A person facing allegations of misapplication of fiduciary property may be facing some stark choices and will want to make sure any decisions made are well-informed. A felony conviction carries consequences that go beyond any jail sentence or fines. Having a felony conviction on your record can interfere with your ability to secure employment or housing for many years to come.

The services of an experienced criminal defense attorney can be most helpful for a person in this situation. Attorney Kurt Gransee has extensive legal knowledge and experience to assist criminal defendants. Before becoming a defense attorney Mr. Gransee worked as an assistant district attorney in Bexar County. This means he knows how prosecutors think and can apply this knowledge for the benefit of his clients.

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Everyone has those moments when their emotions get the better of them. Altercations may result. Whether you get charged with assault or battery depends on a lot of things and the level of the charges that are brought can depend on the circumstances of the fracas and the amount of harm the victim may have suffered.

Because there are so many possible variables and because authorities are often inclined to believe the victim’s version of events over anything a defendant might say, it’s imperative to have the help of an experienced defense attorney.

In Texas, cases of alleged assault and battery are treated very much the same. Prosecutors have the burden of proving that one of three elements was on display. They have to be able to show either that the defendant knowingly and intended to harm the victim; that the defendant knowingly and intentionally made a threat of physical harm against the victim; or that the defendant knew or should have known that any intended physical contact would be perceived as a provocation or offensive.

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If you’ve been charged with a crime, you are in a crisis. Chances are you are not in the kind of state of mind that will lead to you making the best decisions about how to deal with your situation. At the very least, you aren’t likely to appreciate the nature of the consequences that could result from each decision you make.

Any area of law is complicated, but when you are facing criminal charges the potential repercussions may not be limited to just a hit to your pocketbook, as bad as that might be. No, your very freedom is at stake.

That’s one reason why the law requires police to read you your rights when you are arrested. When you hear the words, you have a right to remain silent and the right to an attorney, it’s information you should take seriously and follow.