Houston Texas Criminal Defense Blog

In the state of Texas, the same elements apply to both assault and battery cases. A person commits assault if he or she makes contact with another individual with an intent to injure him or her. It may also be assault if a person makes contact with another in a manner that would reasonably be expected to cause harm. Someone who threatens to harm another person or his or her family member could also be charged with a crime.

Aggravated assault occurs if an individual is seriously injured or harmed because an assailant used a weapon. Depending on the details of the case, an individual who commits assault could be charged with either a misdemeanor or a felony. Typically, if no aggravating factors are present, an individual will be charged with a misdemeanor. Individuals will generally face a fine or jail time, and the penalties are increased for an assault on a family member or elderly person.

Even as people in Texas and across the country have increasingly exhibited their disapproval of marijuana possession arrests with a growing number of states opting for full legalization, marijuana arrests are on the rise. Approximately every 48 seconds, someone is arrested on marijuana charges across the United States. Contrary to what some may expect, the vast majority of these arrests do not involve sales, distribution or production of cannabis. Instead, most people being arrested are charged with possession. In 2017, 599,282 people were arrested for marijuana possession, an increase from 587,516 in 2016.

These marijuana possession arrests mark the lion's share of the 659,700 arrests in 2017 and 653,249 one year earlier. About 40 percent of all drug arrests across the country were related to cannabis last year. Arrests for sales, distribution and production of cannabis actually declined in 2017, going from 65,734 one year earlier to 60,418. This trend in arrests comes despite the fact that a growing number of states are choosing to legalize marijuana, including Nevada, California, Maine and Massachusetts in 2016. All of the states' decriminalization of possession went into effect almost immediately while Nevada's legalization of recreational sales went into place in late 2017.

If you are charged with assault and battery it's important to understand a few things. In addition to the situation that resulted in your charges, focus on the potential penalties and the best way to avoid the most serious consequences.

It's important to note that no two assault and battery cases are the same, with some straightforward and others full of complex details that complicate the legal process.

In Texas and across the country, ankle monitors have often been promoted as a humane alternative to traditional incarceration. After a spate of negative publicity exposed the practice of Immigration and Customs Enforcement to separate undocumented immigrant parents and children, families have now been monitored through these devices. In addition, people accused of white-collar crimes have also been assigned ankle monitors on a fairly frequent basis. Research indicates that police and other agencies' use of electronic ankle monitors has more than doubled between 2005 and 2015.

A growing light has been shed on the negative social consequences of excessive incarceration, especially on communities of color. In response, ankle monitoring has been promoted as an alternative to prison. However, people who live with the monitors have noted that they face extensive restrictions that are often poorly understood. The monitors are usually equipped with GPS tracking, and people have spent time behind bars if the signal drops or provides inaccurate information.