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Misdemeanors A/B Archives | Law Office of Terrence Marsh

Category Archive for "Misdemeanors A/B"

Criminal Trespass in Texas

Criminal Trespass in Texas

Attorney Marsh

One of my recent cases involved a woman charged with criminal trespass. To make a long story short, she had been dating a man who lived at his mother’s house. Mom did not like her son dating my client. Eventually the two split up. My client received a Criminal Trespass Notice from police telling her not to go back to the property. After all was said and done, she went back to the mother’s house and got into an argument with her. The police later arrested her and charged her with Criminal Trespass, a Class B misdemeanor. A criminal trespass…

What's the difference between a DUI and DWI

What’s The Difference Between DUI and DWI in Texas?

Attorney Marsh

This is a question that gets asked pretty often so I thought it’s worth explaining. Many people use the words DUI and DWI interchangeably when these problems come up. Some states call it DWI, others call it DUI, and some states have different criminal charges for DWI vs. DUI. The differences can be quite large. DUI stands for Driving Under the Influence. DWI stands for Driving While Intoxicated. The potential punishments and consequences between the two can be very important if you’re charged with either in Texas. What’s The Difference Between DUI and DWI in Texas? What is considered a DUI…

Is Domestic Violence a Felony in Texas

Is Domestic Violence a Felony in Texas?

Attorney Marsh

Background and History of Domestic Violence Law in Texas In the past 5-10 years in Texas, the number domestic violence charges have rapidly increased. Domestic violence has caught national attention and the attention of the Texas Legislature. I think there is an unspoken rule that if there is a call to police for domestic violence, then someone is going to jail. However, depending on the facts of your case, you may have options available to you for your defense. 3 Most Common Levels of Domestic Violence  There are three levels of domestic violence in Texas. These are assault by threat…

Fourth Amendment Exceptions – Administrative Searches

Fourth Amendment Exceptions – Administrative Searches

This is the fourth part in my series on Fourth Amendment Exceptions. The Fourth Amendment is our U.S. Constitutional protection against police searches and seizures. Normally a search or seizure has to be done with a warrant under the Fourth Amendment. The exceptions to the Fourth Amendment are situations where the warrant requirement is legally excused. The first three exceptions I listed were: Exigency or Exigent Circumstances (An immediate need to search) Search Incident to Arrest (A search of you and the area after you’ve been arrested) Consent (Where you give the officer permission to search or take something). Now…

Fourth Amendment Exceptions – Consent

Fourth Amendment Exceptions – Consent

This is the third part in my series of posts on Fourth Amendment Exceptions. The Fourth Amendment requires police officers to get search warrants from a Judge when they want to search you, your home, your car, your office, etc…  If you remember from previous posts,  Fourth Amendment Exceptions are situations where police don’t need to get warrants. The previous two posts were the exceptions of 1) Exigency, and 2) Search incident to arrest. What is consent? Can I search your car/house/pockets? Consent is the legal term for “permission.” When you give someone consent, it means you give them permission…

When Can Misdemeanor Theft Become Felony Theft

When Can Misdemeanor Theft Become Felony Theft?

The legal term for lower level charges (misdemeanors) transforming into higher level charges (felonies) is called enhancements. Enhancements are a common idea through our criminal law. In this post, I specifically want to look into the enhancement or aggregation of theft charges from a misdemeanor to a felony under Texas law. Theft includes everything from theft by check, theft of services, shoplifting, and other situations where things or services are taken but not paid for. Theft crimes are considered crimes of moral turpitude in Texas. This means that it is a crime of dishonesty. This also means that you’re going…

Can a Felony Case Be Dropped Down to a Misdemeanor

Can a Felony Case Be Dropped Down to a Misdemeanor?

Some of my clients that have come into my office have been charged with felonies. After looking over their cases, doing research, and preparing their case, their felony can frequently be reduced to a misdemeanor. Some of the more common felony charges may be Criminal Possession of a Controlled Substance, Assault family violence with strangulation, and even a DWI if it is your third or more. In a previous post, I talked about the legal process involved with felonies. Felonies come with the potential of long jail sentences. Not only that, but the truth of the matter is, felony convictions…

What is Assault Causes Bodily Injury in Texas

What is Assault Causes Bodily Injury in Texas?

Simply put, assault causes bodily injury is any unwanted contact between two people. In my experience, assault cases almost always happen because of drugs and/or alcohol. It doesn’t matter whether or not there was a visible mark or injury. This applies to bar fights, grabbing someone else with your hand, punching, kicking, slapping etc…. In the State’s case against you, they don’t need to show bruising, bit marks, blood, cuts, or other physical injuries. A punch to the stomach wouldn’t show a bruise, would it? How did I get charged with Assault Causes Bodily Injury in Texas? If you made…

I Need a Misdemeanor Lawyer in Georgetown

I Need a Misdemeanor Lawyer in Georgetown

Williamson county, Texas has a reputation for being extra tough on crime. I get it. Many lawyers won’t take cases here. A lot of clients have told me they’re afraid of the Williamson County prosecutors. They’ve even WISHED they had gotten arrest in Travis county. Anywhere but Wilco. It’s the reputation that the county has built. That may be right, and that may be wrong. Williamson county and Travis county each have their own quirks. Georgetown is the County seat of Wilco and it’s where the courthouse is. Some types of cases are treated much differently in Wilco vs. Travis…

Why Are We Innocent Until Proven Guilty

Why Are We Innocent Until Proven Guilty?

Attorney Marsh

One of the central ideas of American criminal law is the Presumption of Innocence. Despite what you may think, this presumption is no different in Texas. It’s a very important concept and its origins go far back. It puts the burden of proof on the accuser, not the denier. It’s an important difference and one that affects our entire society. It can’t be given only to the people we like. Often you’ll hear people say “we all know he’s guilty, so why bother even having a trial?” That view weakens our view of jury trials to administer justice. It also…