Understanding Assaultive Offenses in Texas

March 18th, 2022 by Tad Nelson in Assault

When you are facing assault charges in Galveston or League City, it can be difficult to understand what type of assaultive offense you have been accused of specifically since Texas law has a wide variety of crimes that fall into this category. It is important to know that these offenses can be charged as misdemeanor […]

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Can Prosecutors Prove Domestic Violence Even With Contradictory Eyewitness Testimony?

October 14th, 2021 by Tad Nelson in Assault, Criminal Defense, Domestic Violence

Once police respond to a report of possible domestic violence, any evidence they legally obtain may later be used to prove that a crime occurred. This evidence need not include accusatory statements from the alleged victim. Indeed, even in cases where the alleged victim has denied–under oath–that any domestic violence took place, a judge or […]

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The Importance of “Dating Relationships” in Texas Domestic Violence Cases

July 16th, 2018 by Tad Nelson in Domestic Violence

Domestic violence in Texas includes not just acts involving family members, but also anyone that is in a “dating relationship” with the defendant. The Texas Family Code defines this as a “continuing relationship of a romantic or intimate nature.” At trial, prosecutors must prove the existence of a dating relationship–beyond a reasonable doubt–which may be […]

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Texas Man Receives 30-Year Sentence for Choking Ex-Fiancé

May 21st, 2018 by Tad Nelson in Domestic Violence

Domestic violence charges of any kind are serious. But Texas law pays special attention to cases where the defendant is accused of strangling someone to whom are married to or in a “dating relationship.” Section 22.01(b)(2)(B) of the Texas Penal Code expressly makes it a third-degree felony to assault a protected individual by “intentionally, knowingly, […]

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What Happens When a Houston Criminal Court Judge Gives Bad Jury Instructions?

May 9th, 2018 by Tad Nelson in Criminal Defense

When you are tried for any kind of criminal offense in Texas, the trial judge is responsible for instructing the jury as to the “law applicable to the case.” Although the prosecution and defense may request certain instructions, it is ultimately the judge’s responsibility–even without prompting from the lawyers–to properly explain the law to the […]

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When Does a “Non-Custodial” Interview Become an Interrogation

April 9th, 2018 by Tad Nelson in Criminal Defense

As criminal defense attorneys, one thing we stress time-and-again to our clients is the importance of invoking your rights to remain silent and seek the advice of counsel before speaking with the police. Of course, the police are constitutionally required to advise you of these rights before arresting you or otherwise taking you into custody. […]

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How “Serious” Injury Affects an Aggravated Assault Charge

June 27th, 2017 by Tad Nelson in Criminal Defense

One thing that elevates simple assault to aggravated assault in Texas is when the accused “commits serious bodily injury” to another person. But what exactly constitutes a “serious” injury? The Texas Penal Code considers an injury serious when it: creates a substantial risk of death; causes permanent disfigurement to the victim; or results in a […]

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Houston Men Convicted of Hate Crime in Bus Stop Attack

April 17th, 2012 by Tad Nelson in Criminal Defense

This week, three Houston men were convicted on federal hate crime charges for the assault of an African-American man last August. The conviction is the first of its kind in the Houston area. According to the charges, the men encountered the victim at a bus stop on the night of August 13. One of the […]

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