Posted on March 12, 2024 in Criminal Defense

In Texas, the legal landscape surrounding the provision of providing alcohol to minors has just undergone a significant change with the enactment of new legislation. While it has long been illegal to provide alcohol to individuals under the age of 21, the consequences for doing so have now been heightened in cases where serious bodily injury or death occurs as a result.

Under existing law, providing alcohol to a minor is classified as a Class A misdemeanor, carrying penalties such as fines and potential imprisonment. However, the introduction of this new legislation elevates the severity of the offense when the consumption of alcohol by a minor leads to serious harm or fatality.

The implications of this legislative update are clear: individuals who provide alcohol to minors must now reckon with the possibility of facing state jail felony charges if their actions result in another person suffering serious bodily injury or death. This means potentially facing six months to 2 years in a state jail facility, in addition to a maximum fine of $10,000.

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 Posted on February 27, 2024 in Criminal Defense

In an era of pervasive digital communication, relationships have increasingly moved online, especially among young people. This shift has brought new challenges, particularly in intimate relationships. When these relationships sour, there's a growing concern about the misuse of personal images or videos.

Sharing or even possessing certain types of images involving minors can be prosecuted as revenge child sexual abuse material (CSAM), which is a felony in Texas. If your child has been accused of engaging in CSAM or another sexual crime, it is important to take quick action to protect your child's rights and their future. At Barbieri Law Firm, we're committed to protecting those accused of difficult crimes, and we believe every client deserves our utmost empathy and tenacity. We leverage decades of experience to fight relentlessly until we reach a positive outcome.

Understanding Revenge CSAM and Its Effects

Revenge porn involves the distribution of sexually explicit material without the consent of the person depicted, often as an act of retaliation or control. For those involved, this can have devastating effects on not only mental and emotional well-being but personal reputations and future prospects. When revenge porn occurs between adults, the offense is often prosecuted as a misdemeanor.

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 Posted on February 24, 2024 in Criminal Defense

While there's no disputing the fact that child abuse is wrong and we know it happens far too often, the legislature's attempt to avoid such abuse may soon be very heavily disputed. Texas lawmakers enacted a statute that penalizes actions considered to be "child grooming," which is a process by which an adult manipulates a child into trusting them so that the child can be sexually exploited or abused more readily.

However, the law is broad and vague and subject to multiple interpretations. It is quite possible for a caregiver engaging in normal activities with a child to be charged with this new offense. And grooming is penalized as a serious felony, so it is important for everyone who works with children to understand the need to exercise caution and to take steps to defend their rights if someone makes accusations about "grooming" behavior.

Child Grooming is Considered an Inchoate Offense

The new child grooming statute is set forth in Section 15.032 of the Texas Penal Code along with other offenses considered to be inchoate. These are crimes involving partial completion of an illegal act. Conspiracy is one example, and attempt is another. Taking steps to complete a crime can constitute a crime even if the originally intended crime is never completed.

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 Posted on February 22, 2024 in Criminal Defense

With the recent amendment to Section 22.041 of the Texas Penal Code, which expands the scope of protection to include elderly and disabled individuals, it's essential to understand the implications of this legislative change from the perspective of a criminal defense law firm.

This amendment extends legal safeguards to elderly and disabled individuals, ensuring that they are afforded the same protections against abandonment and endangerment as children. Under the revised statute, individuals who knowingly abandon or endanger elderly or disabled persons can face serious legal consequences, including criminal charges and penalties.

As a criminal defense law firm committed to upholding justice and defending the rights of the accused, Barbieri Law recognizes the complexities surrounding allegations related to abandonment and endangerment of vulnerable individuals. Our experienced legal team is prepared to provide strong and strategic defense for individuals facing charges under this amended statute, ensuring that their rights are protected throughout the legal process.

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 Posted on February 22, 2024 in Criminal Defense

Being charged with a crime is not easy to face in any situation, but individuals on active duty in the military struggle with additional challenges beyond the norm. Civilian courts often do not accommodate military schedules and jurisdiction can overlap. Moreover, consequences that seem minor in the civilian realm can have disastrous effects on a military career.

If you are on active duty in the military in Texas and you have been accused of a criminal offense, it is vital to work with an attorney who understands the factors that complicate your case. Civilian charges can have long-term negative effects on your life, so it is wise to take the best steps to protect and defend your interests.

Jurisdiction

Active-duty military personnel can be subject to the jurisdiction of both the courts-martial and civilian courts at the same time. The courts-martial handle cases alleging violations of military law while civilian courts handle violations of civilian law, but some conduct can be considered a violation of both.

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 Posted on February 20, 2024 in Theft

It can be very tempting to shoplift from a store like Sephora. The merchandise is compact and pricey, like jewelry, but unlike fine jewelry or makeup in a department store, the products are not tucked behind a glass counter but out on shelves within easy reach.

Because of this, Sephora has frequently been the target of shoplifting and the company has taken steps to prevent losses by installing high-resolution security cameras and hiring additional security personnel. Employees are trained to notice suspicious behavior and alert security. These measures make it easier for the company to prosecute shoplifters and stores frequently work closely with local police to help them obtain convictions.

If you've been caught shoplifting or accused of theft, it is important to understand how to protect your rights and avoid actions that could make your situation more difficult to defend. Advice and representation from a defense attorney could make a tremendous difference on the impact the situation will have on your future.

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 Posted on February 19, 2024 in Criminal Defense

No matter how ridiculous the accusations may seem, if your child has been accused of making any type of terroristic threat, the allegations can lead to life-changing consequences so you need to take the situation seriously. Speech that can be interpreted as a threat is not protected by the First Amendment right to free speech. In fact, threats can be prosecuted as a terroristic threat and your child could face misdemeanor or even felony charges. In addition, consequences at school and in other settings can impact your family's life for years to come.

To defend your child's future, you need to take proactive steps now.

Step 1: Learn About the Texas Terroristic Threat Crime Statute

While many people know that terrorist acts can be penalized severely, they are not aware that Texas has enacted a law that makes voicing a threat a crime on its own. Section 22.07 of the Texas Penal Code defines the offense as making a threat of violent action against either a person or property if that threat is made with a certain intent. Threatening violence becomes a criminal terrorist threat under the law if it is made with the intent to either:

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 Posted on February 18, 2024 in Criminal Defense

At Barbieri Law, we honor the dedication and sacrifices of veterans and service members. With a commitment to providing exceptional legal support, we specialize in navigating the complexities of military-related affairs. Our compassionate approach and proven track record ensure personalized representation and successful outcomes. Offering a free case evaluation, we stand ready to assist those who have served our country.

At Barbieri Law, we understand the unique challenges that veterans and service members may face, and we are here to offer our support. As someone who has dedicated their life to serving our country, your sacrifices and commitment have not gone unnoticed.

We recognize that legal issues can arise for anyone, and when they do, having the right legal representation is crucial. Our team of profesionals are proud to support veterans and service members.

Here's what sets us apart:

Experience with Military-Related Affairs: Our attorneys have a deep understanding of law practices, ensuring that we can navigate the complexities of cases involving veterans and service members effectively.

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 Posted on February 08, 2024 in Criminal Defense

Domestic violence cases in Texas are always complicated. But when military personnel are involved in the case, the situation becomes even more challenging. A situation may be investigated by both military and civilian authorities. One set of officials might decide not to pursue a case while the others reach a different decision.

If you have been accused of domestic violence while serving in the military, the ramifications can affect your entire life, even if you are not convicted. It is important to take your defense seriously and get advice from an experienced attorney as soon as possible.

Different Laws May Apply

A domestic violence case involving military personnel could be decided under different laws depending on which authorities are prosecuting the case. If the military handles the case, the regulations of the particular branch of the service will determine how domestic violence is defined and penalized. The case could be prosecuted as a violation of federal criminal law or the Uniform Code of Military Justice. It is important to work with a defense attorney who is familiar with these situations and the variations in law that may apply.

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 Posted on January 26, 2024 in Criminal Defense

Dealing with federal drug charges in Texas can feel like a daunting and complex legal battle. It's important to know that you have rights and options for a strong defense. In this discussion, we'll explore some key legal defenses individuals can use to protect their rights and aim for a favorable outcome.

One common defense strategy in drug cases involves challenging the legality of the search and seizure that led to the discovery of alleged drugs. The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. If law enforcement violated your Fourth Amendment rights, any evidence they obtained may be deemed inadmissible in court.

Another potential defense revolves around the lack of possession or knowledge. To secure a conviction, the prosecution must prove that you knowingly and intentionally possessed the illegal substance. If you were unaware of the presence of drugs or did not have control over them, this could be a viable defense, especially in cases involving shared spaces or transportation.

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