While domestic violence and assault are closely related offenses, domestic violence is seen as much more serious. The main difference is who the victim is. Assault can be charged no matter who the victim is, while domestic violence is committed typically against a family or household member, or a romantic partner. However, it can be confusing to keep track of who might be considered a qualifying victim for the purposes of charging domestic violence. 

If you are facing charges of domestic violence or assault in Texas, the penalties could be severe if you are convicted. It is important that you approach handling your charges carefully and with the assistance of a qualified attorney. 

Who Can Be the Victim in a Texas Domestic Violence Case?

You may hear the terms “domestic violence” and “family violence” used interchangeably. Neither term fully covers the bases of who might be included as a victim in a Texas domestic violence case. The definition can even include people you have never lived with in some circumstances. It is a common scenario for Texans arrested after a physical altercation to be taken by surprise when they learn that they are being charged with domestic violence rather than simple assault. Potential qualifying victims include: 

Probation comes with many rules to follow. You may be required to meet regularly with a probation officer, perform community service, submit to random drug testing, or meet other requirements imposed by the court. There are numerous ways to violate the conditions of probation, ranging from minor technical violations to serious willful violations. The sanctions for a violation will depend heavily on the circumstances, including what type of violation was involved and whether you have prior violations. 

In the most severe cases, your probation could be revoked entirely, and you could be required to serve your full jail sentence. It is important that you are represented by an experienced attorney who can make the case that your violation does not warrant this type of consequence. 

What Are Some Less Serious Probation Violations? 

A minor technical violation probably will not lead to jail time, but it is important to tread carefully. Repeated violations, even of a minor nature, may result in increasingly harsh consequences if the court begins to believe that you are not taking your probation seriously. Less serious violations include: 

Texas takes sex crime offenses very seriously, especially when they are perpetrated against a minor. It is illegal to create, sell, distribute, or possess sexual images, videos, and other media of children under 18. Convicted persons who have violated Texas child pornography laws face heavy fines, prison time, and lifetime registration as a sex offender.

Registered sex offenders have to provide personal information to the public, including their photograph, where they live, and the charges they have been convicted of. If you have been charged with child pornography-related crimes, a sex crimes defense attorney will be essential to helping you build a strong defense. 

Possession of Child Pornography in Texas

Texas law enforcement has many different ways of finding child pornography in someone’s possession. In addition to getting a search warrant and searching someone’s home for physical evidence, they may also try to catch perpetrators in the following places: 

It’s a common misconception that only those found guilty of a crime have a criminal record. However, if you’re arrested, charged, or convicted of a crime, Texas will put this information on your criminal record.

After “paying your debt to society” through fines, jail time, or probation, many people believe they can now put this chapter behind them and start fresh. Unfortunately, a person’s criminal history can make that a difficult thing to do.

The Effects of a Criminal History

Employment

Employers can disqualify candidates for a number of reasons, including a previous arrest or conviction.

Facing criminal charges is one of the most overwhelming, scary, and uncertain experiences a person can go through. With everything from your freedom to reputation on the line, you should never take a charge — whether misdemeanor or felony — lightly.

Regardless of how much work you believe you can do yourself, the criminal justice system makes it virtually impossible for people to adequately represent themselves. With so much on the line, it’s always best to put your trust in an experienced attorney.

Why You Should Hire a Defense Attorney

1. They understand the criminal justice system.

No one understands the intricacies of the criminal justice system better than a defense lawyer. Even if you’ve been through the system before or believe you have a strong understanding of how everything works, the nature of criminal cases is incredibly complicated. At Marsala Law Group, we take pride in the fact that we walk our clients through every step of the process, explaining what they can expect and answering any questions.

Few people want a mistake they made years ago to follow them for the rest of their lives. Unfortunately, that’s exactly what a criminal record can do.

Because a criminal record can affect a person’s ability to find a job, get good housing, or be an effective parent, many people request to have their criminal record expunged.

Expunction vs. Nondisclosure

Texas allows adults two general ways to clean up their arrest record — expunction and nondisclosure.

After a person is found guilty of a crime, they may be put on probation — a sanction that’s been ordered by the court system. Probation allows a person to stay in the community, so long as they're supervised by a probation officer and follow any other court-ordered rules.

While probation is almost always a more preferential sanction than jail or prison time, it’s not without its own set of rules and regulations, many of which can impact your life. After a few months or years, many people begin to wonder if it’s possible to get off probation (or deferred adjudication) early.

Probation vs. Deferred Adjudication

Unlike probation, deferred adjudication is not a conviction. If you’re placed on deferred adjudication, you’ll likely have to report to a probation officer and abide by the terms of your probation while living within the community. However, you are not found guilty when placed on deferred adjudication.

If you’ve ever watched crime dramas on TV, you’ve probably heard the phrase, “if you can not afford an attorney, one will be appointed to you.”

This is one of the cornerstones of our justice system — everyone is entitled to a lawyer, regardless of their income or circumstances. That being said, not all lawyers are created equal.

When facing criminal charges, you have the choice between a public defender or hiring a private attorney. And when facing potentially serious consequences, it’s important to understand the difference between the two and which option is best for your situation.

Whether on TV or during conversations with friends, the words “theft” and “robbery” are often lumped together and used interchangeably. And while they share a lot of similar characteristics (i.e., taking someone else’s property), there are substantial differences between the two — especially in the eyes of the law.

The Legal Definition of Theft vs. Robbery

Theft, also known as larceny, petty theft, and grand theft (depending on the monetary value of what’s stolen), involves taking someone’s property that doesn’t belong to you. This could include scenarios like taking a wallet that was left behind in a restaurant, stealing a bike left outside of a store, or shoplifting.

Theft involves:

• Property: Intent to take someone’s property or goods.
• Wrongful: Theft involves deceit or trickery to take someone else’s property.
• Deprive: To prove theft, it has to be clear that a person intended to permanently deprive the rightful owner of their property.

The major difference between theft and robbery is that robbery is taking something from a person, using force or the threat of force.

Probation is one of the most common alternatives to jail after someone pleads guilty or is convicted of a crime. And while probation may spare someone jail time, it doesn’t mean they’re able to go about life as normal.

What is Probation?

Many people convicted of a crime will be given probation — a court-ordered sanction that allows a person to stay out of jail and in the community while under strict supervision.

Ultimately, a person on probation is supervised by a probation officer and must abide by the specific conditions of their sanction. Probation can mean many things — it can include fines, restitution, house arrest, community service, and more. Those on probation also often have to abstain from drugs and alcohol, undergo drug testing, and regularly check in with their probation officer.

No couple enters into a marriage thinking it will end in divorce. Unfortunately, that’s the outcome for roughly 50% of all marriages. In 2019, nearly 800,000 couples filed for divorce — many of them between January and March.

Whether because you don’t want to deal with prying family members around the holidays or you don’t want to affect your children's holiday season by announcing your divorce late in the year, many couples wait to file for divorce until the New Year.

Filing for Divorce in Texas

Divorce may be common these days, but it’s still a complex family legal issue that can have a significant impact on your and your kids’ future.

Drunk driving is a national concern every day of the year, but arrests tend to spike around the holidays. And even though most celebrations will look a bit different this year due to COVID-19, the winter holidays and New Year’s Eve celebrations will still cause an increase in binge drinking, alcohol-related violence, and DWI arrests.

Driving While Intoxicated During the Winter Holidays

Drunk Driving in Texas — Fast Facts

• Approximately 10.22% of Texas residents have been involved in a drunk driving crash at some point in their lives.
• More than 24% of Texas drivers who have driven drunk have been charged with a DWI or DUI.
• Approximately 14% of Texas drivers who have driven drunk have served jail time for doing so.
• On average, drivers with a DWI on their record can expect to pay an extra $569 annually in insurance premiums.
• Approximately 36.8% of Texas residents have been a passenger in a car with an impaired driver.

Why Drunk Driving Arrests Spike Around the Holiday Season

Drunk driving can happen at any time and any day, but it’s more prevalent during the holidays because:

• People are drinking more often. During a typical week in the spring, most people only enjoy a few drinks on the weekend. However with holiday celebrations in full swing throughout much of November into January, people are simply drinking more often.
• Police are hypervigilant. Police know that the holidays are a time when drinking and driving is more prevalent, so they’re looking for any traffic violation that warrants being pulled over. Law enforcement agencies are also more likely to set up DUI checkpoints between Thanksgiving and the first week of January.

Arrested for a DWI in Texas? Call Marsala Law Group

Though drunk driving is 100% preventable, we understand that accidents happen and people occasionally make poor judgment calls. A DWI arrest doesn’t have to impact the rest of your life or cost you thousands. At Sub:BusinessName}, we’ll work tirelessly to have your charges reduced or dropped altogether.