Weapon Charges In Texas

 

McCarty-Larson, PLLC Discusses Weapon Charges In Texas

Midlothian, United States - December 26, 2022 /McCarty-Larson, PLLC/

Residents of Texas have gun rights as per the US constitution and state laws. But there are weapons charges that can be faced. When facing criminal charges of any kind, it is always desirable to get advice from a reliable criminal defense law firm. Residents who need a criminal defense lawyer in Midlothian, TX, can rely on McCarty-Larson, PLLC. This law firm deals with criminal law that covers DWI/DUI, juvenile crimes, federal crimes, forgery, theft, violent crimes, etc. McCarty-Larson, PLLC handles family law and criminal defense matters, with no case being too complex. 

Weapons in Texas include guns, brass knuckles, knives, clubs, chemical sprays, etc. Though the most common weapons charges are related to firearms, other weapons can also result in criminal charges. Possessing any of these weapons when committing another crime or during routine traffic stops will probably be charged as a crime. 

Deadly Weapons in Texas

In the state of Texas, a deadly weapon is a firearm or anything designed to cause severe injury or death. But as per the law, anything used with the intent to kill or injure can be considered a deadly weapon. For example, if a car is used to hurt or kill deliberately, the car is a deadly weapon. Examples of objects that may qualify as deadly weapons if used with such intent are rope, large rocks, baseball bats, axes, etc. 

Illegal Possession

Some weapons are illegal to have in possession in Texas state. Switchblades, brass knuckles, and some modified long guns are illegal to carry.

Ineligible Person

Some persons are considered ineligible to carry firearms. These include people convicted of domestic violence and anyone on probation for a felony or who served time in the last five years.

Special Circumstances 

Sometimes even when the person has requisite permits and is carrying a legal weapon, they can face criminal charges in some specific circumstances. An example is carrying a weapon into an establishment with a rule against carrying weapons. Owners of firearms will face criminal charges if they allow a child to handle the weapon. If a person gets harmed by the child with such a firearm, the firearm owner can face Class A misdemeanor charges (can result in a fine of up to $4,000 and up to a year of prison time). 

Firearms in Workplaces in Texas

Employees are not allowed to take firearms to workplaces that prohibit them, even if the weapons are legal and they have a legal concealed carry permit. Carrying weapons into such workplaces can be charged as a misdemeanor and can lead to losing the right to carry weapons.

Charge Enhancements

A person in possession of a weapon and facing charges of sexual assault, assault, or robbery can face the increased charge of "aggravated." They can face first-degree felony charges and a sentence of life imprisonment. If found in possession of a weapon while committing a non-violent crime, a person may be sentenced to up to 90 days in jail. 

Weapons charges should be treated with diligence. It is better to fight the charges to get them dismissed or reduced. These charges impact the future life of the accused. They may find it difficult to get hired, find a home, or get a loan. When needing a criminal defense lawyer in Midlothian, TX, McCarty-Larson, PLLC, is a safe choice. These criminal defense attorneys are experienced and committed to protecting their client's rights, no matter what criminal charges they are facing. For a criminal defense team that fights tenaciously on behalf of clients, McCarty-Larson, PLLC, can be contacted at (972) 775-2100.

The Crime Of Cyberbullying

 

Cyberbullying - Crime Laws In Texas

Midlothian, United States - December 19, 2022 /McCarty-Larson, PLLC/

Bullying is something that is dreaded and, unfortunately, more common than desired. Especially among adolescents and youth who are students, this is a serious problem. With the shift to a more active life on social media than in the actual world, bullying also moved to electronic media. With the ease, the comfort of not being in direct contact, and the option to make anonymous statements, bullying online can be extremely vicious.

 

Cyberbullying is the use of the internet or an electronic device to bully, threaten, harass, or intimidate another individual. Some examples of cyberbullying include taking and circulating photos or videos that may be embarrassing without permission, creating a fake profile and assuming the identity of another, and using social media to spread rumors about someone. In this article, McCarty-Larson, PLLC, shares some information on cyberbullying in this article.

Texas is one of the states that have laws against cyberbullying. The Texas Education Code included cyberbullying but did not make it a crime. David's Law which came into effect in 2017, was named in honor of a Texas high-schooler, David, who was a victim of cyberbullying. He committed suicide. David's Law made cyberbullying a crime. It also gave schools the authority to address cyberbullying incidents that are not on school property, provided that it interfered with students' education or disrupted classroom or school discipline and school-related activities.

Penalties for Cyberbullying in Texas

Cyberbullying is considered a serious offense as it is very emotionally disturbing and can cause severe harm and even death to its victims.

School policies determine what measures are taken against perpetrators of cyberbullying. Students can face suspension or expulsion from school. There may be other punishments like restrictions on participation in some activities at school.

Individuals facing criminal charges of cyberbullying can be imprisoned or fined. It is better to consult a criminal defense lawyer when facing such charges. Cyberbullying may be a Class B misdemeanor that can attract up to 180 days in jail and a fine that does not exceed $2,000. It becomes a Class A misdemeanor under certain conditions. These conditions include a previous conviction for cyberbullying, the victim being 18 years old, and the defendant targeting the victim to commit suicide or harm themselves. The punishment for a Class A misdemeanor is up to a year in jail and a fine not exceeding $4,000.

There are other criminal charges in addition to cyberbullying that are related and take place on the internet. Harassment charges can be faced when a person intentionally makes an obscene communication, threatens, gives a false account about someone, or calls or messages someone to harass, annoy, alarm, embarrass, or torment another. Online impersonation is a crime committed when someone acts like another person with the intention of harming, defrauding, or intimidating the person. Creation of website pages or sending messages to others, posing as the victim, are part of online impersonation.

Criminal Defense For Cyberbullying

When facing an accusation of cyberbullying, it is vital to get in touch with a reliable criminal defense attorney. The criminal defense can be built based on circumstances like the right to free speech, unreasonable perception of a threat, and mistaken identity.

When facing cyberbullying, it is safe to contact a local criminal defense lawyer. McCarty-Larson, PLLC is a law firm that offers criminal defense in Midlothian, TX. Criminal defense attorney Robin McCarty has over 20 years of experience, including being a former prosecutor and police officer. This experience ensures he has insight that helps plan a strategic plan for criminal defense. To get reliable legal services and be informed of rights and legal options, persons needing criminal defense in Midlothian, TX, can call McCarty-Larson, PLLC at (972) 775-2100.

The Right To Remain Silent

 

Miranda Rights – The Right To Remain Silent After A Criminal Accusation

Midlothian, United States - December 13, 2022 /McCarty-Larson, PLLC/

Different people with varied cultural backgrounds, political inclinations, and beliefs share some values and rights across the US. Freedom is a value held dear by all. To ensure all citizens enjoy liberty granted by the state, the Constitution is implemented in all states. 

The rights include the rights of persons accused of a crime. It is essential that a person accused of a crime is aware of their rights and that law enforcement agencies do not violate these rights. Criminal defense lawyers ensure that their client's rights are respected and make them aware of these rights. McCarty-Larson, PLLC is a family and criminal law firm in Midlothian, TX. They offer exceptional personal legal service, compassionately understand the client, and are committed to getting the best outcome in legal cases.

McCarty-Larson, PLLC helps clients understand their rights to remain silent and how they work when interacting with law enforcement in Texas.

What Are Miranda Rights or The Right To Remain Silent?

Everyone who watches TV and movies has heard the dialogue, "You have the right to remain silent. Anything you say can and may be used in a court against you in a court of law." Understanding what the right to remain silent means in real life is beneficial. According to the 5th Amendment of the US Constitution, all citizens have the right to remain silent when interacting with law enforcement. In 1966, the US Supreme Court ruled that a person's statements, made without informing them of their right to remain silent and engage a legal counsel, cannot be used as incriminating evidence by prosecutors.

Across the US, including in Texas, when taking suspects into custody for interrogation, police officers must read them an official Miranda warning.

The Miranda Rights include the following:

• The right to remain silent
• Answers given at this time can be used against them in court
• The presence of a criminal defense lawyer is a right of the suspect during interrogation
• A public defender will be assigned to cases when the accused has no lawyer and cannot afford one

Miranda Rights are present from interrogation in custody until a conviction. Legal enforcement officers have the duty to read these rights.

The right to remain silent during police interrogations

Miranda Rights come into effect only after a suspect is arrested and taken into custody by the police. Without an arrest, police officers are not bound to read the rights to a suspect. Yet it is crucial to be aware that anything the suspect says can be used against them. Also, the person must affirmatively invoke the right to remain silent. It is advisable to request a criminal defense lawyer as per Miranda Rights.

Silence During Trial

According to the Fifth Amendment, no defendant in a criminal case is to be compelled to be a witness against themselves in court. Defendants have the right to decide if they want to testify during the trial, and the court does not allow prosecutors to comment on this decision.

McCarty-Larson, PLLC, would advise staying informed during any interaction with Texas police. The person can ask the police officer why they are being questioned if they do not understand why. If law enforcement officers fail to mention Miranda rights even when a person is arrested, a criminal defense lawyer can ensure the statements given are not considered against the defendant. This can make proving guilt less easy. However, according to a Supreme Court ruling in June 2022, law enforcement cannot be sued for violation of American civil rights for failure to inform people of their Miranda Rights, even when that leads to suspects incriminating themselves.

It is common for police to use several tactics, like delaying arrest, claiming they have evidence against the suspect, etc. It is vital that suspects ask to speak to their lawyers or get a criminal defense lawyer. A criminal defense lawyer will offer advice on what to say and what not to say.

Anyone needing a criminal defense attorney in Midlothian, TX, can reach out to McCarty-Larson, PLLC. With experience in handling all types of criminal defense matters, their legal team is up to handling the most complex cases. They represent clients across Ellis County, Tarrant, Dallas, and Johnson County. No matter what the case is, these criminal lawyers inform clients of their legal rights and options and help them regain control of their lives. Contact McCarty-Larson, PLLC, by calling (972) 775-2100.