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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
Registering As A Sex Offender In Texas: What You Need To Know
There are many fears associated with being convicted of a sex crime. Prison, fines, and the destruction of your reputation are probably weighing heavily on your mind. One issue that is unique to sex crimes is the public nature of the criminal activity due to the sex offender registry.
The sex offender registry is a publicly accessible database that shares your identity, address, and details of your conviction. At Barbieri Law Firm, we seek to safeguard the rights and reputations of our clients, and we know the extreme burden that the sex offender registry puts on people who are convicted.
This blog helps you understand the specifics of the sex offender registry and the importance of having competent representation to help keep you off it.
What Is The Sex Offender Registry?
In Texas, the sex offender registry is designed to keep track of registered sex offenders within the state and notify the public of their proximity to a registered sex offender. Both adult and juvenile sex offenders are required to register with their local law enforcement. You must still register as a sex offender even if you are moving to Texas for the first time and your conviction happened in another state, or even if you were in the military or overseas at the time of the offense.
Criminal Charges for Possession Of Child Sexual Abuse Materials: What To Expect
In our society, one of the worst things someone can be accused of is hurting children. If a person is accused of sexually exploiting a child, like having child pornography, many people might think they are guilty even before a trial happens. If you are charged with having child sexual abuse materials (CSAM), you might feel scared, but you still have the right to a fair trial. At Barbieri Law Firm, we believe you are innocent until proven guilty.
If you are found with CSAM, commonly called child porn, you could face serious charges and may have to register as a sex offender for life. There are different levels of these charges, but all of them can greatly impact your life and ruin your dreams for the future.
In this blog, we have gathered information about charges related to CSAM possession and what you can expect if you go to court. We also talk about some possible defenses you can use in your case.
What Is CSAM?
Child sexual abuse materials (CSAM), also known as child pornography, are graphic images depicting the sexual exploitation of children.
Sex Crimes: Consent Age in Texas
The Role of Consent in Texas Sex Crimes
Why Consent Matters in Sex Crime Charges
In the complex landscape of Texas law, understanding the pivotal role of consent in sex crime allegations is crucial. Consent is not just a word; it's the boundary that defines legal interactions from criminal offenses. This becomes especially significant in Dallas, where the interpretation of these laws directly impacts the lives of individuals involved in such cases.
Navigating the nuances of consent can be daunting. It's essential to recognize how Texas defines and applies consent within the judicial system to better protect oneself legally. Consent often plays an important role in determining whether an act is legally considered a crime - regardless of the specific sex offense.
This blog aims to shed light on the legal intricacies of consent in sex crimes in Texas, providing clarity and support to those who find themselves at the intersection of accusation and defense. Here, we will explore the legal framework, statutes, and the critical importance of understanding consent from multiple perspectives.
Getting Caught with a Fake ID in Texas
When most people hear the term "fake ID," they likely envision a teenager or college student attempting to buy alcohol for friends. At Barbieri Law Firm, we've seen firsthand the legal troubles that can result from such scenarios.
While many associate fake IDs with minors purchasing alcohol, this is not the only context in which they are used. In this guide, you'll find a comprehensive breakdown of what constitutes a fake ID, the connection between fake ID and underage drinking laws, the consequences of using a fake ID, and common scenarios involving the use of one. Understanding these aspects is crucial for recognizing the severity of using fake identification and navigating the legal system if charged.
What Constitutes a Fake ID in Texas?
In Texas, charges related to fake IDs can arise under four main statutes addressing the false representation of identity. Two of these statutes are found in the Texas Transportation Code, while the other two are located in the Texas Penal Code and the Texas Alcoholic Beverage Code.
Probation vs Parole in Texas
When it comes to punishment in Texas, there is often a misconception about the differences between probation vs parole. While both systems intend to rehabilitate individuals convicted of crimes through community supervision, there are key differences. This guide will lay out those differences while also examining their intended functions, oversight, and the associated process individuals placed on parole or probation in Texas must follow.
Probation in Texas: An Alternative to Incarceration
Probation serves as an alternative to incarceration for individuals found guilty of or who plead guilty to misdemeanors or felonies. Instead of serving time in jail, eligible defendants are allowed to remain in the community under supervision. The court imposes a set of conditions that the probationer must follow, which are agreed upon and signed by the offender.
For instance, someone found guilty of or who pleads guilty to a first-time DWI/DUI might be placed on probation or receive deferred instead of serving jail time. Their probation terms could include attending alcohol education classes, completing community service, regularly reporting to a probation officer, and avoiding any further legal trouble. Another example is a person found guilty of or who pleads guilty to petty theft who might be required to pay restitution to the victim, attend theft prevention programs, and maintain steady employment while on probation.
Solicitation of a Minor in Texas – 7 Steps to Take if Your Accused
Why Solicitation of a Minor Charges in Texas Are Serious
When it comes to sex crimes in the state of Texas, the legal system takes an extremely hard line. Charges related to the solicitation of a minor are no exception.
The penalties for solicitation of a minor in Texas are severe, often including lengthy prison sentences, massive fines, and a lifetime designation as a registered sex offender. Even if you manage to avoid jail time, a solicitation charge can impact your future. This can make it difficult to find employment, secure housing, or rebuild your life. Beyond the legal consequences, these allegations also come with a social stigma that can negatively impact your relationships and reputation.
This is why it's crucial that you take these charges seriously from the very beginning. Trying to navigate the system on your own, or hoping the accusations will simply go away, can hurt you more than you think.
Importance of Hiring a Criminal Defense Attorney
A Deep Dive into the Differences Between Texas and Federal Criminal Cases
Navigating the criminal justice system can be a daunting task, especially when facing charges in Texas or federal courts. While both jurisdictions aim to uphold the law and ensure public safety, there are significant differences between Texas and federal criminal cases that can impact the entire process, from arrest to sentencing.
Understanding these distinctions is crucial for anyone involved in a criminal case, as it can help them make informed decisions and better prepare for the challenges ahead.
One of the most striking differences between Texas and federal criminal cases is the severity of the charges and the potential consequences.
Federal crimes often involve more complex and far-reaching offenses, such as drug trafficking, white-collar crimes, and terrorism. These cases tend to attract more media attention and carry harsher penalties, including lengthy prison sentences and hefty fines.
The Deputy Darren Almendarez Act: What You Need To Know
Lawmakers in Texas have recently enacted stricter laws dealing with catalytic converter thefts. In 2021, legislation was passed to criminalize the theft, purchase, or sale of stolen catalytic converters. Now, with the enactment of the Deputy Darren Almendarez Act, the penalties for these offenses have been significantly increased.
Under this new legislation, it is not only illegal to steal, buy, or sell stolen catalytic converters but also to possess a converter that has been unlawfully removed from a vehicle. Unauthorized possession of a catalytic converter is now classified as a state jail felony in Texas, carrying penalties of six months to two years in a state jail facility and a maximum fine of $10,000.
The severity of the offense can be heightened under certain circumstances. If the defendant has a prior conviction for the same offense, was engaged in organized crime activities, or possessed a firearm during the commission of the offense, the charge can be elevated to a third-degree felony, resulting in even harsher penalties.
Know Your Rights: A Detailed Overview of Criminal Defense Laws in Texas
When faced with criminal charges in Texas, understanding your rights and the relevant laws is paramount. The consequences of a conviction can be severe, leading to fines, probation, or even imprisonment.
Navigating the complex legal landscape without proper knowledge can be daunting, which is why this comprehensive overview from a criminal attorney aims to empower you with the information necessary to make informed decisions.
The criminal justice system in Texas is intricate, with numerous laws and procedures governing every aspect of a case, from arrest to sentencing.
It's crucial to recognize that these laws are not merely abstract concepts but have real-world implications that can profoundly impact your life. Failure to exercise your rights or adhere to the established legal processes can result in unfavorable outcomes, making it essential to approach your defense with diligence and expertise.
One of the often-overlooked aspects of criminal defense is the psychological toll it can take on an individual. The stress of facing charges, the uncertainty of the legal process, and the potential repercussions can be overwhelming.
The Complete Guide: Understanding Criminal Defense Law in Dallas
If you've been accused of a crime in Dallas, you're likely feeling overwhelmed, anxious, and unsure about what comes next. The uncertainty can be paralyzing, especially if this is your first run-in with the law.
Understanding criminal defense law in Dallas is crucial for regaining some control over your situation. This guide is designed to help you navigate the complexities of the legal system, so you know what to expect and how to prepare.
Criminal defense encompasses a range of statutes, legal precedents, and court procedures. It governs everything from minor infractions to serious felonies. For someone facing criminal charges, it can feel like a confusing maze.
Knowing your rights and the basic steps involved in a criminal case can make a significant difference in your outcome. This guide will outline the essential aspects of criminal defense law, including your rights as an accused individual, the role of a criminal defense attorney, and what to expect from the legal process.
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