Is Burning Someone on the Leg with a Cigarette Considered “Assault” in Texas?

February 19th, 2020 by Tad Nelson in Misdemeanor Crimes

Simple assault is a misdemeanor offense in Texas. Assault is defined as “intentionally, knowingly, or recklessly causes bodily injury to another” person. In this context, a “bodily injury” includes any amount of physical pain suffered by the victim. For example, a Dallas appeals court recently upheld an assault conviction that was partly based on evidence […]

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How a Misdemeanor Conviction Can Lead to “Forfeiture” of Your Property to the State of Texas

January 24th, 2020 by Tad Nelson in Misdemeanor Crimes

Normally, the maximum penalty for a Class A misdemeanor offense in Texas is one year in jail and a $4,000 fine. But this is only the maximum criminal penalty. Some misdemeanor convictions can also lead to the civil forfeiture of assets that prosecutors believe were proceeds or byproducts of the crime. By law, however, the […]

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What Is the Statute of Limitations for Misdemeanor Crimes in Texas?

December 18th, 2019 by Tad Nelson in Misdemeanor Crimes

In most criminal cases there is a strict time limit that must be followed by prosecutors. This is known as a “statute of limitations.” It is legislation that specifies the maximum length of time that may pass between the commission of an alleged crime and the bringing of formal charges against the defendant. For misdemeanor […]

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Is Burning Your Trash a Misdemeanor Offense in Texas?

November 18th, 2019 by Tad Nelson in Misdemeanor Crimes

As a general rule, you are not supposed to conduct any sort of “outdoor burning” in Texas. There are limited exceptions. For instance, if a local government does not provide trash collection services, residents may burn household trash and rubbish on their own property. But even where this exception may apply, individuals need to be […]

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Austin Man Convicted of Misdemeanor Forgery

October 25th, 2019 by Tad Nelson in Misdemeanor Crimes

Misdemeanor crimes include a variety of non-violent offenses, such as forgery. Indeed, under the Texas Penal Code, forgery is a Class A misdemeanor in most cases. And forgery itself may cover any type of writing, not just items like money or stamps. “Circumstantial Evidence” Allowed Jury to Infer Defendant Forged Signature on Proof of Insurance […]

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What Happens When the Wrong Court Tries a Misdemeanor Offense?

September 20th, 2019 by Tad Nelson in Misdemeanor Crimes

In the Texas judicial system, different courts handle different types of cases. For example, misdemeanor crimes are tried by county courts, while felony cases are handled by district courts. And this is not a technical or superficial distinction. If you are charged solely with misdemeanor offenses, a district court lacks “subject matter jurisdiction” over your […]

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Taking a “Missing” Cell Phone Can Land You in Serious Legal Trouble

August 20th, 2019 by Tad Nelson in Misdemeanor Crimes

“Finders, keepers,” is an old idiom you probably first learned on the schoolyard playground. It is not, however, a valid legal principle. Just because you find property that may be “abandoned” does not give you a legal right to take and use it yourself. To the contrary, you can be charged with the misdemeanor offense […]

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Ex-Houston 911 Operator Found Guilty of Misdemeanor for Hanging Up on Caller

July 24th, 2019 by Tad Nelson in Misdemeanor Crimes

Most of us have had a bad day at work. And that can affect our ability to do our jobs properly. But is failing to do your job a misdemeanor offense? It can be if you work for the Houston Emergency Center (HEC). At least, that was the conclusion of the Texas First District Court […]

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Court of Criminal Appeals Rejects Vagueness Challenge to Misdemeanor Disorderly Conduct Law

June 19th, 2019 by Tad Nelson in Misdemeanor Crimes

One of the bedrock principles of criminal law is that a person has the right to notice of the charged offense. This applies to simple misdemeanor crimes as well as felonies. After all, how can you properly defend yourself in court if you do not know what you are accused of doing? Is There a […]

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Can I Be Convicted of Misdemeanor Theft Even If Nobody Saw Me Take Anything?

May 23rd, 2019 by Tad Nelson in Misdemeanor Crimes

Petty theft is one of the more common misdemeanor crimes committed in Texas. The degree of the offense is tied to the value of the stolen property (or services). For example, if you are accused of stealing property from a store worth between $500 and $1,500, that is a Class A misdemeanor under the Texas […]

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