- Former Houston Felony Prosecutor.
- Former Attorney & Counsel for the Police Union.
- Board Certified Criminal Law Specialist – Felony Criminal Defense
- “…one of the outstanding criminal defense attorneys in Houston…”-Houston Chronicle.
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With over fifty years of combined assault experience our top assault criminal defense lawyers know what it takes to obtain the best possible result. We want the same thing you do. . . dismissal of all charges!
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Assault Criminal Attorney – The Law – Abandoning or Endangering a Child.
Tex. Pen. Code 22.041:
(b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm.
(c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.
Assault Criminal Attorney Tip – Statutory Presumption: (c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if:
(1) the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child;
(2) the person’s conduct related to the proximity or accessibility of the controlled substance methamphetamine to the child and an analysis of a specimen of the child’s blood, urine, or other bodily substance indicates the presence of methamphetamine in the child’s body; or
(3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code.
Assault Criminal Lawyer – Punishment Ranges.
(d) Except as provided by Subsection (e), an offense under Subsection (b) is:
(1) a state jail felony (180 days – 2 years in state jail; up to $10,000 fine) if the actor abandoned the child with intent to return for the child; or
(2) a felony of the third degree (2 – 10 years in prison; up to $10,000 fine) if the actor abandoned the child without intent to return for the child.
(e) An offense under Subsection (b) is a felony of the second degree (2 – 20 years in prison; up to $10,000 fine) if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment.
(f) An offense under Subsection (c) is a state jail felony.
Assault Criminal Attorney – Statutory Defenses.
(g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event.
(h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code.
Assault Criminal Attorney – Statutory Definitions.
(a) In this section, “abandon” means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability.[/vc_column_text][/vc_column][vc_column width=”1/6″][vc_custom_heading text=”Criminal Defense” font_container=”tag:h4|text_align:left|color:%23000000″][divider style=”line” color=”#1e73be” size=”3px”][vc_widget_sidebar sidebar_id=”sidebar-page”][/vc_column][/vc_row]