When Is a Misdemeanor a “Lesser Included” Offense to a Felony Charge in Texas?

October 23rd, 2017 by Tad Nelson in Misdemeanor Crimes

Texas prosecutors often charge misdemeanor crimes as “lesser included offenses” to felony counts. This commonly occurs in assault cases. Under Section 22.01 of the Texas Penal Code, assault is normally treated as a Class A misdemeanor. But if the assault involves a family member and the defendant “intentionally, knowingly, or recklessly” impedes the victim’s “normal […]

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Are “Citizen’s Arrests” Permissible in Misdemeanor Cases?

September 7th, 2017 by Tad Nelson in Misdemeanor Crimes

Misdemeanor offenses like theft or a first-time DWI may not carry the same potential for lengthy prison sentences as felonies in Texas. But any kind of criminal conviction will have a negative impact on your life. For instance, aside from the criminal record itself, a DWI conviction can lead to the loss of your driving […]

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What Constitutes a Legal Stop in Houston?

August 28th, 2017 by Tad Nelson in Misdemeanor Crimes

One of the most common traffic violations we see in the Houston area is failing to legally stop at a stop sign or stoplight. According to Section 544.010 of the Texas Transportation Code, a legal stop requires the driver to “stop before entering the crosswalk on the near side of the intersection.” If there is […]

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