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Criminal Law Blog

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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Texas Penalties for Leaving a Child in a Hot Vehicle

Posted on November 20, 2013 by Law Office of Brett A Podolsky

It's no secret that temperatures in Texas can rise to dangerous levels. Under certain conditions, the heat can become so intense that injury or death can occur. Many tragic deaths have resulted from children being left inside vehicles in the Texas heat. This problem has become so widespread that specific laws have been created to address it and provide punishments for offenders. What Can Happen if a Child...

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Using Self-Defense as a Legal Defense Against Assault Charges

Posted on April 24, 2013 by Law Office of Brett A Podolsky

Texas residents sometimes fear being arrested if they fight back during an assault. The truth is that self-defense can be used in many situations. However, there are limits to when and how it can be effectively claimed as a legal defense. Generally speaking, only the minimum amount of force should be necessary in order for an individual to protect himself. Imminent Danger Those who are afraid they are...

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