WHAT IS ENGAGING IN ORGANIZED CRIMINAL ACTIVITY IN TEXAS? The Texas law against engaging in organized criminal activity prohibits three or more persons combining as a criminal street gang and committing gang-motivated offenses. What is a criminal street gang? Texas Penal Code Section 71.01 defines a criminal street gang as...

WHAT IS UNLAWFUL USE OF FIREWORKS IN TEXAS? The Texas law against unlawful use of fireworks prohibits igniting or exploding a firework to interfere with law enforcement’s performance of an official duty, or to flee from law enforcement attempting to arrest or detain the person. What is a firework? Federal...

WHAT IS INTOXICATION MANSLAUGHTER IN TEXAS? The Texas law against intoxication manslaughter prohibits operating a motor vehicle, aircraft, watercraft, or amusement ride while intoxicated, and causing another’s death as a result. What is the legal limit for intoxication in Texas? Texas Penal Code Section Section 49.01 defines “intoxication” in two...

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WHAT IS FLYING WHILE INTOXICATED IN TEXAS? The Texas law against flying while intoxicated prohibits operating an aircraft while above the legal limit of alcohol or other intoxicant in a person’s system. What is the legal limit for intoxication in Texas? Texas Penal Code Section Section 49.01 defines “intoxication” in...

WHAT IS DRIVING WHILE INTOXICATED WITH CHILD PASSENGER (“DWI W/ CHILD”) IN TEXAS? The Texas law against driving while intoxicated with a child passenger, commonly abbreviated as “DWI w/ Child,” prohibits driving while intoxicated with a passenger under 15 years of age in the vehicle. What is the legal limit...

WHAT IS DRIVING WHILE INTOXICATED (“DWI”) IN TEXAS? The Texas law against driving while intoxicated, or “DWI,” prohibits operating a motor vehicle in a public place while intoxicated. What is the legal limit for DWI in Texas? Texas Penal Code Section Section 49.01 defines “intoxication” in two ways: (1) a...

Your Legal Roadmap: Answering Your Questions

Question 1

What is Drug Possession and Trafficking in Texas?

A person commits an offense if the person knowingly causes, enables, encourages, recruits, or solicits another person to become a member of a criminal street gang which, as a condition of initiation, admission, membership, or continued membership, requires the commission of any conduct which constitutes an offense punishable as a Class A misdemeanor or a felony. Read more.
Question 2

Is Burglary a felony in Texas?

The Texas law against burglary prohibits entering a home or building with the intent to commit theft, assault, or any felony offense, regardless of whether the person attempts or fails to successfully commit the offense. Burglary may also be committed by legally entering but remaining concealed in a home or building, with the intent to commit theft, assault, or any other felony. Read more.
Question 3

What are the penalties for Aggravated Assault in Texas?

Aggravated sexual assault is a first degree felony, punishable by five to 99 years or life in prison. The minimum prison sentence is increased from five to 25 years if... Read more.
Question 4

Is DWI a Felony in Texas?

Texas Penal Code Section Section 49.01 defines “intoxication” in two ways: (1) a blood alcohol concentration (“BAC”) of 0.08 or more; or (2) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.The subjective definition, or one’s loss of normal use of mental or physical faculties, does not require proof that a person’s blood alcohol concentration was above 0.08. Read more.
Question 5

Is Marijuana Possession a Felony in Texas?

Texas Health and Safety Code Chapter 487, known as the Texas Compassionate-Use Act, provides the licensing requirements to obtain medical marijuana.Texas Health and Safety Code Section 481.111 also contains an exemption for a person accused of manufacturing, delivering, or possessing with intent to deliver tetrahydrocannabinols or their derivatives if the person is participating in or manufacturing the tetrahydrocannabinols for use in a federally approved therapeutic research program. Read more.
Question 6

What is the penalty for DUI with a child passenger under 15 in Texas?

Driving while intoxicated with a child passenger in Texas is classified as a state jail felony, which carries a possible penalty of 180 days to two years in a state jail facility. Read more.
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