The third definition is the Texas codification of the traditional common law concept of “felony murder.” It is unclear why the second and third definition were needed, as they are very similar and intending to cause serious bodily injury is usually felony aggravated assault. The legislature must have wanted to…
Texas Penal Code 6.03 provides us with handy definitions of the intentional and knowing mental states: “(a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in…
Criminal news in Texas seems to revolve around murder. Once a week we pick up the newspaper and someone has shot or stabbed somebody for something. Murder as an offense tends to be “complicated” legally because of the many defenses, beginning with the required mental states and running the gauntlet…
The punishment scheme for theft in Texas is relatively straight-forward by statute, which stair-steps from a Class C traffic level all the way up to a first degree felony. The statute says theft is: “(1) a Class C misdemeanor if the value of the property stolen is less than:(A) $50;…
Theft does not even require that you actually take the property permanently. “Deprive” is defined to mean “(A) to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner;…
The Penal Code says that “Consent is not effective if: (A) induced by deception or coercion; (B) given by a person the actor knows is not legally authorized to act for the owner; (C) given by a person who by reason of youth, mental disease or defect, or intoxication is…
Theft has many meanings in our everyday vernacular, but under Texas law it is pretty straight-forward. Section 31.03 of the Penal Code consolidated all of the old theft statutes into a more (mostly) simplified version. It states “(a) A person commits an offense if he unlawfully appropriates property with intent…
The presumption of detention is rebuttable, but very daunting. A person charged with a presumption case offense must rebut the presumption by clear and convincing evidence. This is the second most onerous burden in our law, right below proof beyond a reasonable doubt. Release is obviously far less common in…
Community and family ties are very important in the Eastern District of Texas Sherman Division. The judges give lots of weight to whether a third party custodian exists: i.e. a responsible family member or very close friend who can supervise the defendant and report any violations to the court. The…
At the detention hearing, the judge determines according to statute whether any “condition or combination of conditions set forth in subsection (c) of this section will reasonably assure the appearance of such person as required and the safety of any other person and the community.” 18 USC 3142(b). Basically, will…