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- Aggravated Assault under Texas Penal Code §22.02(a),(b)
- Continuous Sexual Abuse of Young Child or Children in Texas Penal Code Ann. §21.02(c)(3), (4)
- Aggravated Kidnapping Under Texas Penal Code Ann. §20.04(a) – (c)
- Aggravated Kidnapping under Texas Penal Code Ann. §20.04(d)
- Continuous Smuggling of Persons Under Texas Penal Code Ann. §20.06(f)
- Continuous Smuggling of Persons Under Texas Penal Code Ann. §20.06(g)
- Continuous Trafficking of Persons in Texas Penal Code Ann. §20A.03(a)-(e)
- Murder in Texas Penal Code Ann. §19.02(b), (c)
- Sexual Assault Under Texas Penal Code Ann. §22.011(f)
- Tampering with Consumer Product Under Texas Penal Code Ann. §22.09(b), (d)
- Trafficking of Persons Under Texas Penal Code Ann. §20A.02(a), (b)
- Understanding Criminal Solicitation of a Capital Felony under Texas Penal Code §15.03(a) (d)(1)
- Second Degree Felonies
- Defending Against Assault Charges In Texas
- Abandoning or Endangering a Child under Texas Penal Code Ann. §22.041(b), (e)
- Aggravated Kidnapping under Texas Penal Code Ann. §20.04(d)
- Bestiality under Texas Penal Code Ann. §21.09
- Improper Relationship between Educator and Student under Texas Penal Code Ann. §21.12(a), (b)
- Manslaughter under Texas Penal Code Ann. §19.04
- Murder Under The Immediate Influence Of Sudden Passion In Texas Penal Code Ann. §19.02(B), (D)
- Smuggling of Persons under Texas Penal Code Ann. §20.05(b)(1)
- Tampering with Consumer Product Under Texas Penal Code Ann. §22.09(b), (d)
- Unlawful Interception, Use or Disclosure of a Wire, Oral, or Electronic Communications in Texas Penal Code §16.02
- State Jail Felonies
- Illegal Divulgence of Public Communications in Texas Penal Code Ann. §16.05(b), (d)
- Unlawful Use of Pen Register or Trap and Trace Device – Texas Penal Code §16.03
- Unlawful Interception, Use or Disclosure of a Wire, Oral or Electronic Communications under Texas Penal Code Ann. §16.02(d), (e-1), (g)
- Unlawful Use of Criminal Instrument or Mechanical Security Device in Texas Penal Code Ann. §16.01(a)(1), (c)
- Preparatory Offenses
- Criminal Solicitation of a Minor in Texas Penal Code Ann. §15.031
- Criminal Solicitation under Texas Penal Code Ann. §15.03
- Criminal Attempt under Tex. Penal Code Ann. §15.01
- Illegal Divulgence of Public Communications
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Recent Blog Posts
What to do if You are Being Investigated for Indecent Exposure
Being investigated for indecent exposure can be a daunting experience. If you or someone you know is facing this allegation in Texas, it is important to understand the laws and potential consequences, as well as how a criminal defense attorney can help.In Texas, indecent exposure is defined as the intentional exposure of one's genitals in a public place or in a manner that is likely to be seen by others who are in a public place. The offense is classified as a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000.
However, if the offense is committed in the presence of a child under the age of 18, or if the defendant has a prior conviction for indecent exposure, the offense is elevated to a Class A misdemeanor, which carries a penalty of up to one year in jail and a fine of up to $4,000.
If convicted, a person may also be required to register as a sex offender, which can have long-lasting consequences on their personal and professional life.
Revenge Porn
In recent years, the issue of "revenge porn" has gained significant attention due to the rise of technology and social media platforms. Revenge porn, or Unlawful Disclosure of Intimate Visual Material, is the act of sharing sexually explicit images or videos of a person without their consent. This offense is usually committed by an ex-partner or acquaintance. This type of behavior is not only illegal but also a violation of a person's privacy and dignity.Texas is one of the states that has enacted laws specifically addressing "revenge porn." In Texas, it is a criminal offense to distribute intimate visual material, which is defined as any visual material depicting a person engaged in sexual conduct or with their intimate parts exposed, and that was created under circumstances in which the person had a reasonable expectation of privacy.
Under Texas law, a person can be charged with a third-degree felony for distributing intimate visual material without consent. A conviction for this offense could result in a prison sentence of up to 10 years and/or a fine of up to $10,000. Furthermore, if the victim in the case is a minor, the charges could be elevated to a second-degree felony, which carries a maximum prison sentence of 20 years.
What To Know About Expungements In Texas
Having a criminal record can have a significant impact on your future. It can limit your job prospects, your ability to rent an apartment, and even your ability to obtain a loan. If you have a criminal record in Texas, it is essential to understand how it can affect your future and what you can do to minimize the impact.
In Texas, a criminal record can be expunged or sealed under certain circumstances. Expungement means that your criminal record is erased as if it never existed, while sealing means that your record is hidden from the public but still exists. The process of expungement is not automatic, and it oftentimes requires the assistance of a criminal defense attorney.
Expungement is available to individuals who have been arrested for a crime but were not charged, had their case dismissed due to lack of evidence (and so long as the statute of limitations has run), or were acquitted of the charges. If you were convicted of a crime, you may be eligible for expungement if you received a pardon or if you were declared actually innocent of the crime, but those are extremely limited exceptions.
The Consequences of Stalking in Texas
The Texas Penal Code defines stalking as the act of deliberately and repeatedly following or harassing another person, causing that person to feel fearful for their safety. It's a serious crime - much more than one would expect - and it comes with serious consequences. Our attorneys are experienced in stalking cases, and we can help.
How is stalking defined?
Stalking is a crime that can occur in a variety of ways, including:
- Following someone around or showing up at their home or workplace uninvited.
- Repeatedly calling, emailing, texting, mailing letters or gifts to someone.
- Sending unwanted messages through social media sites like Facebook and Twitter.
It can also include other threatening or intrusive behaviors such as:
- Using any kind of technology (such as a computer) to harass another person by posting harmful information about them online;
- Sending pornographic images of yourself to someone without their consent.
Barbieri Law Firm Founding Attorney Heather Barbieri Featured in D Magazine
Recently, D Magazine, an independent magazine that covers news impacting Dallas area residents and businesses, profiled Barbieri Law Firm's founding attorney Heather Barbieri. The article highlights Heather and the Barbieri Law Firm, focusing on the importance of the work that we do. Our entire team is proud of Attorney Barbieri and happy to see that she is getting the recognition she deserves. We look forward to more people learning about Heather Barbieri and Barbieri Law Firm, so that we may connect with more people who need our help.
D Magazine Profile Highlights Attorney Barbieri's Work as a Criminal Defense Lawyer and Leader in the Dallas Legal Community
Every year, D Magazine spotlights the Leaders in Law who have raised the bar inside the Dallas legal community, recognizing "stand-outs from the area's most reputable law firms" who are "committed to being a leader in their field." That is certainly Heather. The article discusses Attorney Barbieri founding Barbieri Law Firm and her role as CEO, specifically touching on Heather's many accolades, as well as the awards that Barbieri Law Firm has racked up over the years.
What Should I Know About the Federal Sentencing Guidelines?
There are many differences between US state court and US federal court. One of the major differences between the two is the existence of the Federal Sentencing Guidelines. Essentially, the Federal Sentencing Guidelines is the document most used to mete out punishments for individuals the courts convicted of federal crimes.These guidelines intend to ensure that the federal judges impose consistent and fair sentences on those the courts deemed guilty of federal crimes. According to the United States Sentencing Commission, lawmakers put forth the current sentencing table in 1987 and contains 6 levels of offenses.
HOW DOES IT WORK?
The Federal Sentencing Guidelines only apply to federal felonies or Class A misdemeanors. Lesser felonies do not use the Federal Sentencing Guidelines. Overall, there are 43 different offense levels that exist within the guidelines. The higher the level of the offense, the more severe the crime is and the longer the prison sentence associated with the crime is.
How May False Statements Made to a Bank Become a Federal Offense?
If you provide inaccurate information during a transaction with a financial institution you may arouse suspicions of bank fraud. As shown by reporting in the Amarillo Globe-News, you may face federal charges if you submit false statements to an FDIC-insured bank and a U.S. Attorney convinces a grand jury you did so knowingly.If you submit purportedly false statements on behalf of a business as its owner or employee, you may face allegations of having committed a federal offense. As reported by the Texas Standard, administrative-level employees such as office managers may also face charges when business owners involve their companies in financial misrepresentations.
HOW MAY FEDERAL AUTHORITIES BECOME INVOLVED IN AN INVESTIGATION?
Based on 2019 figures, the FDIC insured more than 4,500 U.S. banks. Suspicions of fraud raised by any of these financial institutions may lead to an investigation by federal agencies such as the FBI or the Criminal Investigation Division of the IRS.
What are the Consequences for Misusing Opioids?
One of the most commonly misused classes of prescription drugs in the United States is opioids. The opioid epidemic has taken many lives and left a brutal toll on American communities from east to west.In order to halt the scourge that opioids have left on many communities, understanding what they are and what the potential consequences for misuse are is paramount. As per to the National Institute on Drug Abuse, an opioid is a medication that affects opioid receptors in the brain and spinal cord to lessen how intense pain sensations are.
HOW DO OPIOIDS WORK?
Once an opioid attaches to an opioid receptor protein, this causes the body to not be able to transmit pain signals as effectively. This is why they are good at reducing sensations of pain in thousands of patients. They can also make an individual drowsy, confused and produce nausea and constipation.
Because opioids also take effect on brain regions involved in reward, many people experience feelings of euphoria at very high doses. However, it is easy for people to develop a resistance to opioids, which is why many addicts resort to snorting or injecting opioids after prolonged use.
Building a Defense: What are White-Collar Cyber Crimes?
The phrase "white-collar crime" refers to criminal acts that are not violent and seek to benefit the perpetrator financially. Common examples of white-collar crimes are embezzlement, insider trading and wire fraud. Decades ago, people involved in such white-collar crimes had limited ways of carrying out the theft of money or information. Today, in Texas and elsewhere, computers open virtual doors for white-collar cyber crimes.
The Rise Of Cyber Crimes
Computers and access to the internet make it easier for cyber crimes to take place. Credit card fraud ranks among the top instances of cyber crimes. Fake merchant deals may lead people to provide their credit card numbers. In addition, hacking serves as a way to steal credit card information as numerous high-profile cases show that sophisticated hackers can circumvent even high-end cybersecurity systems.
Sometimes, a third party might try to procure information from businesses ranging from small ones to corporations. Phishing schemes could lead to someone giving up a company's passwords without realizing the mistake. People often provide passwords to bank and other accounts after responding to phishing emails. The simple scheme continues to work.
What is Prescription Drug Fraud?
Prescription drug abuse is one of America's greatest public health scourges. Prescription drug abuse tears families apart, devastates communities, and ends up making medical costs more expensive for everybody. This is why it is vital to understand what prescription drug fraud is and how to prevent it.Prescription drug fraud is all over the United States, but primarily in the American South. According to Blue Cross Blue Shield, prescription drug fraud happens when an individual acquires medications through means of deception.
HOW DOES PRESCRIPTION DRUG FRAUD HAPPEN?
There are multiple ways for an individual to engage in prescription drug fraud. Some people use forgeries in order to obtain medications from pharmacies. Others simply go "doctor shopping" until they find a doctor who is willing to prescribe them the drug that they want.
One major sign is if an individual has many prescriptions from many different doctors, particularly for tranquilizers, opioids, and painkillers. If an individual is traveling to a pharmacy far away from where he or she lives, this may also be a sign of prescription drug fraud.
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