Category Archives: InDepth Articles

Manslaughter: When Killing Someone Does Not Mean Murder – Texas Penal Code §19.04

Tragedies happen every day here in Texas, where someone dies because of the actions or failures to act of another person.  Sometimes, these deaths are criminally culpable and sometimes they are not.  It is when someone dies because of another person’s intentional, knowing, or reckless action or as a result of their criminal negligence that…


Indecency with a Child Arrest in Texas 

In Texas, it is possible for the testimony of a minor to result in the conviction of an adult for a felony sex crime involving child sex abuse.  This can come with extended prison time as well as the serious social stigma for the accused (and his loved ones) that comes with being labelled as…


When Dating Leads to Arrest in Texas:  Dating Violence Under Texas Family Code §71.0021

In Texas, romance that erupts into physical violence between two people who are married or live together is considered domestic violence that can form the basis of some serious criminal assault charges.  For more, read our earlier discussions in: Family Violence in Texas: Crimes based upon Domestic Violence – It’s More Than a Fight That…


Plea Bargaining and Making Deals in Federal Felony Cases: Criminal Defense Overview

In both Texas prosecutions and federal criminal matters, many – if not most – arrests do not end up as a criminal conviction with formal sentencing after a full trial before a judge or jury, but instead are resolved out of the courtroom in what is called “plea bargaining.”  This involves attorneys representing both the…


Felony Charges under Texas and Federal Law: Criminal Defense Overview

No action, or failure to act, is a crime for which someone can be arrested in Texas unless the government has defined it to be an illegal act.  This is the freedom at the core of our constitutional rights.  Crimes have to be defined by either state or federal law.  If the crime isn’t on…


Buying Sex in Texas: Texas is First State in USA to Make Solicitation of Prostitution a Felony Offense

The term “john” is defined by the Merriam Webster Dictionary as “a man who pays money to a prostitute for sex.” In some parts of the world being a john, i.e., buying sex, is legal – although that has never been the case in Texas.  For instance, just a few hours’ drive south on IH-35…


Internet Sex Crimes: Criminal Defense Overview of Texas Online Sexual Offenses

Internet sex crime charges can be filed in Texas based upon either state or federal law.  These cyber-crime sexual offenses frequently involve serious felony charges, where those convicted of online sexual offenses face lengthy incarcerations as well as fines and mandatory registration as a sex offender. Considering how heinous even a rumor that someone is…


Aggravated Sexual Assault of a Child:  Texas Penal Code §22.021

Perhaps no criminal prosecution is pursued more aggressively by Texas prosecutors than cases involving allegations of the sexual assault of a child.  Today, more and more arrests and charges are being pursued by law enforcement regarding crimes involving child sexual abuse than ever before.  Correspondingly, statistics report that in the State of Texas, 1 in…


Online Solicitation of a Minor: Texas Penal Code §33.021

One of the many consequences of the unprecedented COVID-19 Pandemic has been the skyrocketing use of the internet by minors, since remote schooling for many required the ability to access the web.  More children in the United States are online than ever before.  Read, “Growing up on screens: How a year lived online has changed…


Federal Prosecution: Commercial Sex Acts and Sexual Exploitation of a Minor

Under federal law, anyone under the age of 18 years is considered to be a “minor” regardless of how any state statute may define the age of majority, or how sophisticated and mature the individual may appear.  18 U.S.C. § 2256(1).  Minors are assumed to lack the mental ability or capacity to understand the full…