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Criminal Law Blog

Sexual Performance of a Child: Criminal Charges under Texas Penal Code § 43.25

Anyone under the age of eighteen (18 years) is considered a child under Texas law: their involvement in either sexual conduct or sexual performance is a crime. The Crime of “Sexual Performance of a Child” The crime of “sexual performance of a child” is defined under Texas Penal Code Section 43.25 as involving any individual…


Consumer Insurance Fraud: Crime Involving Submission of Insurance Claims

Anyone applying for insurance or submitting an insurance claim seeking payment pursuant to provisions of an insurance policy can be arrested and charged for insurance fraud under Texas Penal Code Section 35.02. In Texas, insurance fraud is prosecuted by the local District Attorney’s Office working with the Texas Commission on Law Enforcement (TCOLE) and the…


Misapplication of Fiduciary Property by Trustees, Guardians, Executors, Administrators, Managers in Texas: Fiduciary Criminal Charges

Fiduciaries Can Face Arrest under Texas Penal Code 32.45 When someone under a power of attorney, or other legal authority, has control over the financial assets or property of another person, there’s always the temptation to take things.  Accordingly, under both civil and criminal law, fiduciaries are held to a higher standard of conduct. In…


Online Impersonation: Catfishing is Illegal in Texas

Texas Penal Code 33.07 and Social Media Masquerade as Cyber Crime Catfishing is not the only form of online impersonation, but it may be the most well-known example of it.  The temptation to pretend to be someone they’re not online may be overwhelming for some people, given how easy it is to set up social…


Invasive Visual Recording: Texas Felony Arrest

Voyeurism: Arrested for Non-consensual Photography in Texas Not too long ago, the Texas Court of Criminal Appeals ruled the then-existing criminal statute regarding “improper photography” was unconstitutional.  Ex parte Thompson, 442 S.W.3d 325 (Tex. Crim. App. 2014). The 2014 opinion from our highest criminal court had a tremendous impact on pending prosecutions for serious felonies like…


Money Laundering and Federal Sentencing Guidelines

Money laundering is a big deal here in the Lone Star State, at least for federal prosecutors.  In fact, Texas looks to be the number one state in the country for federal money laundering prosecutions.  Texas is Number One for Federal Money Laundering Cases According to the United States Sentencing Commission (USSC), in fiscal year…


Heroin Trafficking in Texas and Federal Sentencing Guidelines

Criminal defense after arrest on federal charges of heroin trafficking in Texas  First things first: if you are arrested on heroin trafficking under federal law, then you must be prepared to spend a significant amount of time behind bars.  Statistics reveal almost every person (96.3%) convicted of heroin trafficking in the federal system is sentenced…


Guns and Drug Trafficking:  Firearms and Mandatory Minimum Sentences under Federal Law

Sentencing Guidelines When Someone Faces Combined Drug Trafficking and Federal Firearms Charges Drug arrests in North Texas can result in criminal charges under either state or federal law.  If the local police or county sheriff’s deputies are involved, then Texas criminal laws are going to apply.  If you are convicted, sentencing will occur according to…


Methamphetamine Trafficking and Federal Sentencing 

Things to know when you are arrested for crystal meth distribution in Texas.  There are 94 federal district courts in this country and according to the United States Sentencing Commission, three of the top five federal district courts hearing the highest number of criminal charges for methamphetamine are in Texas.  Two of these three are…


Mandatory Minimum Penalties in Federal Sentencing

Congress Decides Your Prison Sentence with Certain Federal Crimes Our modern system of mandatory minimum sentencing in federal cases arguably began with the passage of the Anti-Drug Abuse Act of 1986.  Congress enthusiastically targeted drug “kingpins” for explicit punishment, mandating that the federal judge must sentence these defendants, upon conviction, to imprisonment in a federal…