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Why Is Manslaughter a Lesser-Included Offense of Murder in Texas?

By The Law Offices of David C. Hardaway |

There are certain Texas criminal cases where a jury can find the defendant not guilty of the charged offense but still convict on a lesser-included offense. One of the most common scenarios where this comes up is homicide. When a person is charged with murder, a jury may convict on the lesser-included offense of… Read More »

DirtRoad

Is Driving Slowly Down a Dirt Road “Evading” the Police in Texas?

By The Law Offices of David C. Hardaway |

It is a criminal offense in Texas to evade a police officer who is lawfully trying to detain you. Specifically, Section 38.04 of the Texas Penal Code states a person commits a felony if they “intentionally flee[] from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest… Read More »

CrimDef13

Were You Charged With Continuous Family Violence?

By The Law Offices of David C. Hardaway |

Accusations of domestic violence are some of the most serious charges that a person can face, as conviction not only comes with serious criminal penalties, but can also impact a person’s visitation rights and reputation. Allegations of family violence should never be taken lightly, especially if the person is being charged with continuous family… Read More »

DUIGavel

Understanding a Texas DWI Traffic Stop

By The Law Offices of David C. Hardaway |

In Texas, law enforcement officers don’t always need a warrant to detain someone. For instance, if an officer observes someone committing a traffic violation, like speeding, failing to signal, or rolling through a stop sign, he or she can pull that person over. Once pulled over, a driver will be asked for his or… Read More »

ArrestGavel

What Types of Evidence Can Be Used to Refute Allegations of Family Violence?

By The Law Offices of David C. Hardaway |

While all criminal charges can have significant repercussions on a person’s life, allegations of family violence are especially damaging. Besides the penalties of hefty fines and jail time, a person accused of family violence will likely end up with a permanent criminal record, making it difficult to obtain employment and housing. For those who… Read More »

Assault

When Does Simple Assault Become Aggravated Assault in Texas?

By The Law Offices of David C. Hardaway |

Assault is one of the more serious violent offenses with which a person can be charged in Texas, especially when prosecutors elevate those charges to aggravated assault. Fortunately, there are defenses that an accused can raise to avoid being unfairly convicted of a crime he or she did not commit. Read on to learn… Read More »

DefenseLawyer_

Am I Going to Lose My Job?

By The Law Offices of David C. Hardaway |

This is one of the most common questions we receive from our clients, who are often understandably nervous about the consequences of having a criminal charge on their employment. Unfortunately, the answer to this question can be complicated and varies depending on the nature of the offense and the specific duties required of the… Read More »

SelfDefense

Arguing Self-Defense in Texas Assault Cases

By The Law Offices of David C. Hardaway |

Under Texas law, defendants can avoid being unfairly convicted of assault and other violent crimes if they can prove that they were acting in self-defense. This is because state law recognizes a person’s inherent right to protect him or herself from physical harm. Unfortunately, the line between what qualifies as justifiable self-defense and criminal… Read More »

DrugCrime2

Common Defenses to Texas Drug Possession Charges

By The Law Offices of David C. Hardaway |

The right defense can make all the difference to the outcome of a criminal case. For instance, proof that police officers violated a defendant’s Fourth Amendment right by conducting an illegal search and seizure could result in the suppression of the evidence obtained during that search and even to the dismissal of the charges…. Read More »

CrimDef5

What is an ANP?

By The Law Offices of David C. Hardaway |

In Texas, victims of and witnesses to crime have the option of filing what is known as an ANP, or an Affidavit of Non-Prosecution. This is a type of sworn statement, where a person states that he or she doesn’t wish for a case to proceed against the accused. While ANPs can be convincing… Read More »