The Constitution guarantees every criminal defendant’s right to a “speedy” trial. This right applies to both felony and misdemeanor offenses. But what is considered “speedy” from a legal standpoint? If you are forced to wait more than a year for trial, is that a violation of your rights? And will a judge automatically dismiss the […]

When you hear the word “theft,” your first thought might be of shoplifting or, say, snatching an individual’s purse. But the misdemeanor offense of theft is broadly defined in Texas to cover any unlawful “appropriation” of property without the owner’s consent. This includes situations where the owner initially gave the property to the alleged thief. […]

In its simplest form, misdemeanor theft involves taking someone else’s property without their consent. If you took the property by mistake, you can argue that as a defense at trial. But you will still need to prove that mistake was based on a “reasonable belief” you had the right to take the property in the […]

Lying to the police is not just a bad idea. It can land you in serious legal trouble. Filing a “false report to [a] peace officer” is a Class B misdemeanor offense under the Texas Penal Code. This means that if you “knowingly” make a false statement to an officer–even if you are not technically […]

In a trial involving misdemeanor crimes, the defendant has the same constitutional rights as in felony cases. This includes, among other things, the right to “confront” and cross-examine the witnesses against them in court. But the right of confrontation is subject to certain procedural limits. Houston Appeals Court: Business Records Not “Testimonial” A recent decision […]

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 […]

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 […]

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 […]

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 […]

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 […]