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Criminal Law Blog

Texas Upgrades Assault on Pregnant Women to Felony Charge

Posted on December 18, 2019 by Law Office of Brett A Podolsky

Assaulting another person is a serious offense in the eyes of the law. Assaulting a pregnant woman used to be treated in the same way as assaulting any other person, but things are changing in Texas. New laws are being put into place to ensure that the unborn child, who is also impacted by the assault, gets justice. What does that mean for those who are accused...

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Using Self-Defense as a Legal Defense Against Assault Charges

Posted on March 28, 2018 by Law Office of Brett A Podolsky

You may have questions about using self-defense as a legal defense against an assault charge. Many Texas residents have rational fears about being arrested if self-defense is used in an assault. Self-defense may be a valid defense in a range of situations. It is a common defense used by defendants charged with assault and battery. There are some limits as to how and when an individual may...

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The Consequences of Domestic Violence in Texas

Posted on May 31, 2017 by Law Office of Brett A Podolsky

The consequences of domestic violence in Texas are frequently severe. According to Stop Abusive Violence Environments (SAVE), one in 10 people is falsely accused of sexual assault, domestic violence, or child abuse. Thousands of men and women are accused of domestic violence crimes each year. Texas Penal Code § 22.01 and § 22.02 describe the crime of domestic assault and aggravated domestic assault. Texas Penal Code §...

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When Is a Crime Considered “Aggravated”?

Posted on January 25, 2017 by Law Office of Brett A Podolsky

Under the Texas Penal Code, and at the discretion of the local District Attorney, any crime can be “elevated” to a higher degree of potential punishment by declaring to be “aggravated.” As an example, if two patrons at a night club have a disagreement that escalates into a fight, both patrons could be charged with assault. If, however, one patron grabs a pool cue and strikes...

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Sexual Assault: Get a Lawyer If You Value Your Freedom

Posted on June 6, 2014 by Law Office of Brett A Podolsky

Sexual assault is a criminal act that is defined as intentional physical contact of a sexual nature that occurs without consent. This can involve penetrating the mouth, anus or genitals of another person without their consent. Consent is a critically important element of this offense. To give consent is to knowingly and intentionally agree to participate in an action. If someone refuses to participate in sexual activity...

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