Family and Criminal Law Blog

Conviction of a misdemeanor in Texas is a serious matter. While the penalties may not be as severe as those of a felony conviction, it can still change the rest of your life. In addition to steep fines and jail time, a misdemeanor conviction can also make it difficult for you to find a job and secure housing. Here is what you can expect to potentially face if you are charged and convicted of one of the three classes of misdemeanors in Texas.

What are the Three Classes of Misdemeanors in Texas?

Texas law divides misdemeanor offenses into three different classes.

The Texas Penal Code generally defines sexual assault as any unwanted or non-consensual sexual contact against another person that involves penetration. Non-consensual, or “lack of consent” can involve physical force and threats of violence, among other forms of coercion and manipulation. If convicted for sexual assault, which is rape under Texas law, you face a first or second degree felony and serious penalties that go along with such a conviction.
Read more . . .

In Texas, there are a few different ways a man can be designated as a the legal father of a child. First, he could be presumed to be the father as he is married to the mother of the child and the time the child is born. He could be adjudicated by the court to be the father by petitioning the court to establish paternity. Paternity could also be established through genetic screening. In some cases, the mother and father of the child could sign a document called an “Acknowledgement of Paternity.
Read more . . .

Have you considered adoption? It can be a daunting process, but it may just be the most rewarding thing you do in your life! To help you out on your journey, we want to give you a bird’s eye view of the Texas adoption process.

Texas Adoption Process

If you have decided to move forward with adoption, congratulations! This is a big step and you are about to embark on quite the journey. You join many other Texas families in the adoption community. Texas permits single and married adults to adopt so long as they are at least 21 years of age, financially stable, and:

• Provide references
• Provide proof of marriage, when applicable
• Provide proof of divorce, when applicable
• Complete a home study
• Submit to a criminal background check and child abuse check (along with all other adults living in the household)
• Complete an adoption application

After deciding to adopt, the next big decision will be what type of adoption you wish to pursue. While some have their hearts set on adopting an infant, others are open to adopting older children.
Read more . . .

Child support can be a delicate subject, to say the least. While some people get distracted by sending payments to their former spouse or co-parent, it is important to remember that child support is put in place to help ensure that both parents are providing financial support to their child. After all, both parents have a legal responsibility to provide such support to a child that is their own. While child support is often ordered in situations where parents are not married or are no longer married, you may be wondering whether or not child support is mandatory in Texas.

Is Child Support Mandatory in Texas?

Child support is not mandatory to be ordered in all cases, but a child support order is often put in place in most cases.
Read more . . .

Drug crimes are a serious business. Texas has cracked down on drugs and prosecutors will show little mercy to those facing drug charges. Not all drug charges will be considered felonies, but many are. Felonies are more serious offenses than those at the misdemeanor level. They come with harsher penalties and can cause problems well beyond the period of incarceration you may be ordered to serve or the fines you may be ordered to pay.
Read more . . .

Have you been offered a new job? Do you want to move closer to family? There can be a million reasons why a person wants to move and it can be an exciting adventure. If there is a custody order in place, however, things can get complicated. The relocation of a parent can have a serious impact on a custody order.
Read more . . .

Texas means business when it comes to driving while intoxicated. The penalties are severe and the prosecutors will go after defendants with the full force and resources of the state. The consequences of being found guilty of driving while intoxicated (DWI) are serious, right from the start. This means that even if it is only your first DWI, you will be faced with some devastating fallout. Here, we’ll discuss what can happen upon conviction of your first Texas DWI.
Read more . . .

When it comes to the criminal justice system, knowledge is power. It is beneficial to be aware of what defines certain criminal violations as well as the potential penalties should a person be convicted of such a violation. Many types of crimes are subdivided into levels of severity with certain aggravating factors raising the severity of the crime as well as the potential penalties. Here, we will go over how Texas law defines assault and its different levels.

What Qualifies as Assault in Texas?

Texas law defines assault generally as when a person intentionally, knowingly, or recklessly causes bodily injury to another or intentionally or knowingly threatens another with bodily injury.
Read more . . .

If you have been convicted of a crime in Texas, it is likely that part of your sentence will include a probationary period. Probation, also known as “community supervision, involves a period of you out in the community that is still monitored by the court through the assignment of a community supervision officer with whom you will need to periodically check in with. During probation, you are required to comply by certain stipulations of your probation, follow established guidelines, and comply with the law. This means that being charged with a Read more . . .

Let’s face it, having a criminal record can make life tough. It can come up and cause problems on your employment applications. It can cause problems on housing applications. Fortunately, if you have been charged with a crime in Texas, you may be eligible for deferred adjudication.

What is Deferred Adjudication?

Deferred adjudication is comparable to court-ordered community supervision, commonly referred to as “probation,” but the person accepts responsibility for a crime without a conviction going on their record.