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Fort Bend County criminal defense lawyerTexas has many different criminal charges ranging from misdemeanors to felonies. Typically, the first instance of someone being criminally charged is in the form of a misdemeanor. Misdemeanors are generally less serious than felonies, often carrying minimal felonies and less than a year imprisonment. Misdemeanors also have a range of classes from A to C, which pertain to various petty offenses. No matter the charges, misdemeanor or felony, you will want an experienced criminal defense lawyer in your corner to defend your rights and liberties.

Driving While Intoxicated (DWI)

DWI is common no matter what state you live in, but it is extremely common in Texas. An upgrade in charges from the lesser misdemeanor of public intoxication, individuals who drink and choose to get behind the wheel of a moving vehicle can be looking at a Class B misdemeanor. This charge is relegated to first-time offenders with a Blood Alcohol Consistency (BAC) of 0.8 to 0.14. Those with a BAC of 0.15 or higher can be looking at a Class A misdemeanor charge, while repeat offenders could be charged with a felony.

Simple Assault

Public altercations that result in physical harm are another common occurrence in Texas. According to Texas Law, assault is when one person commits bodily injury to another person either intentionally, knowingly, or recklessly. Anyone charged with simple assault could face a Class A misdemeanor charge unless the person harmed were a government contractor performing an official duty or a public servant like a police officer or medical emergency personnel.

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TX defense lawyerIn today’s digital era, where almost everyone is connected to social media platforms, an important question arises: can social media be used as evidence in a criminal trial? Today, we will shed some light on this issue’s legal aspects. Moreover, we will explore the admissibility of social media posts as evidence, the challenges lawyers face in presenting such evidence, and the potential implications for defendants and their legal rights. If you are facing criminal charges, hire an attorney immediately, as not doing so will likely worsen your current legal plight.

Admissibility of Social Media Activity

The admissibility of social media activity as evidence in criminal trials varies from case to case and jurisdiction to jurisdiction. Courts have recognized that social media posts can be relevant and probative evidence, offering insights into an individual’s state of mind, intentions, and actions. However, to be admitted as evidence, social media activity must meet specific requirements, including authenticity, relevance, and reliability. Lawyers often employ a variety of methods to authenticate social media content, including verifying metadata, obtaining search warrants, or requesting assistance from the social media platform itself.

Challenges and Limitations

While social media posts may seem like solid evidence, they face several challenges in terms of reliability and context. Digital forgery, hacking, and fake accounts are potential hurdles that defense attorneys may raise to challenge the authenticity of social media content. Additionally, interpreting a post’s true meaning and intent can be subjective, as message delivery can be affected by factors such as sarcasm and cultural references. This calls for extreme caution when relying solely on social media posts as evidence, as they may not always paint an accurate picture of an individual’s behavior or intentions.

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TX defense lawyerThe state of Texas has some of the most permissive gun laws in the United States, which has led to a common misconception that it is legal to shoot someone for trespassing on your property. However, the reality is much more complex, and the answer to whether you can shoot someone for trespassing in Texas is far from a simple yes or no. If you shot someone on your property, you may be facing serious legal exposure depending on the circumstances of the case. If you are in this situation, contact a criminal defense attorney to protect yourself and your rights.

What Does Texas Law Say, and What is the Castle Doctrine?

Under Texas law, a person is justified in using force to protect themselves or their property from someone who is unlawfully trying to enter or has entered their home, vehicle, or place of business. This is known as the “Castle Doctrine,” which applies only in certain situations. For example, if someone breaks into your home and you fear for your safety or the safety of others in the home, you may be justified in using deadly force to defend yourself. Similarly, if someone tries to rob you at gunpoint in your store or restaurant, you may be justified in using deadly force to protect your life and property.

However, the Castle Doctrine does not apply in all situations and is far from a license to shoot someone for simply trespassing on your property. For example, deadly force will likely be unjustified if someone is on your property without your permission but is not threatening you or your property. Instead, Texas law allows property owners to use reasonable force to remove a trespasser from their property, but only if the force is not intended or likely to cause death or serious bodily injury. In other words, you may be able to push or shove a trespasser off your property, but you cannot shoot them unless you have a legitimate fear for your safety or the safety of others.

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