Criminal Law

In Texas, once you turn 17 (not 18) you are automatically considered an adult for purposes of criminal law. Criminal activities vary in severity. The world of criminal law is “high stakes,” as the ramifications of breaking the law can carry significant consequences.

Criminal Law

In Texas, once you turn 17 (not 18) you are automatically considered an adult for purposes of criminal law. Criminal activities vary in severity. The world of criminal law is “high stakes,” as the ramifications of breaking the law can carry significant consequences. Criminal law covers a wide range of areas, so if you are facing criminal charges, make sure you seek help to understand your rights under any circumstance.

Interactions with Police Officers

It is common to have everyday interactions with law enforcement officers. It’s not unusual to be stopped by a police officer when in public – whether you are walking on the street or driving your car, even if you are not committing a crime. Planning for and knowing how to interact with police officers is an extremely important part of modern society, because often, miscommunications and misunderstandings can lead to serious consequences. 

The following points are important to keep in mind when interacting with police: 

  1. You may be singled out from other people doing the same thing you were. “Everyone was doing it” is not a defense to being pulled over. 
  2. Emotions are often high during a traffic stop, for you and the officer. Doing anything to increase tension is not an effective way to ensure the best outcome in the situation. 
  3. An officer has the right to stop you even if they only suspect you are breaking the law. 
  4. An officer has no right to detain you longer than they need to reasonably determine if you are breaking the law. If you think you are being held longer than you should, it is fine to ask “am I being detained?” If they don’t have a valid reason, ask “may I please go?” 
  5. Police officers have a lot of discretion and they often do not use the full amount of authority they have available to them – if you treat them with kindness and respect, it is more likely that they will, in turn, reciprocate that and treat you with kindness and respect. 
  6. If you have committed a crime and you are concerned about what to say or do, you absolutely have the right to simply say “I want to speak to an attorney before answering any questions.” They cannot force an answer from you. 
  7. If you know that you cannot afford an attorney, and you do get accused of committing a crime, you have the right to apply for an attorney paid for by the court – and you don’t have to answer any questions unrelated to obtaining an attorney until you have one.

Common Criminal Law Violations

Traffic Violations: Citations and tickets happen to the best of us. These are typically the lowest form of criminal law violations, a Class C Misdemeanor, a fine-only offense with no jail time. However, they can result in an arrest if you ignore them. If you receive a ticket, contact the Court having jurisdiction (usually they are listed on the citation itself) to handle it within the time frame provided. Remember, signing a traffic ticket is not an admission of guilt. In many instances, there will be options to keep the ticket off your record like defensive driving or deferred adjudication. Other fees or charges may be assessed if you do not take care of the citation with the Court.

Marijuana: Although Texas laws have relaxed regarding certain products such as CBD, and there are other individual exceptions to traditional marijuana laws, marijuana is still largely illegal in Texas. 

Driving While Intoxicated (DWI): It is important to never get behind the wheel of a car if you’ve been drinking or under the influence of a narcotic, even if you plan to “sleep it off” in the parking lot. The law says that even if you are just sitting in a parking lot with the engine running you can commit DWI. All that matters is that you are in a “public place” that other members of the public have access to and that your keys are in the ignition. 

But what about only drinking “one or two beers?” The law only requires you to “lose your faculties” due to the introduction of any amount of alcohol, even if your Blood Alcohol Content (BAC) is below the legal limit. You can get a DWI after one drink if it inebriates you.  

What about other drugs? The definition of DWI under the law is “not having the normal use of mental or physical faculties because 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.” Tex. Penal Code. § 49.01 It is a common misconception that alcohol is the only way to get a DWI. 

What about driving while you’re tired? Driving while tired is not a criminal offense, but if you cause an accident, it can have major civil consequences due to your negligence in driving. If you don’t feel 100% normal and in control, it’s best to just not drive! 

Criminal Trespass: It is a crime in Texas to enter and remain on or in someone else’s property if you were on notice not to be there. Tex. Penal Code § 30.05. The Texas legislature frequently amends this law, and it covers a wide range of activities. You can even be charged with criminal trespass in a public place if you have been warned to leave or there are signs indicating hours of operation. While there are defenses to this crime, it is better to stay respectful of the property of others.

Assault: Assaults can occur if you intentionally or recklessly cause physical harm or injury, threaten imminent physical harm, or use offensive or provocative physical contact against someone else. Tex. Penal Code § 22.01. Any offensive touching of another person can be considered an assault and can result in severe penalties in Texas. 

Smoking: The age of majority for smoking is 21 in Texas. Not 18. This means that it is illegal for anyone under the age of 21 to purchase, possess, or consume tobacco or vaping products. In 2019, due to drastic increases in e-cigarette usage and statistics showing over 95% of smokers start before age 21, the legislature made this change to the minimum legal age. All state law enforcement officers can enforce this law, which can result in hefty fines. If the vaping product is shown to include THC, a person could face more criminal penalties. 

Sex Crimes: The age of majority for consent to sexual activity is 17 in Texas. There are many possible crimes related to illegal sexual activity in Texas, but here are a few to be aware of:

  • Sexting and Child Pornography – With the rise in cell phone usage, society has seen a rise in the digital imagery of sexual acts and child pornography. Under federal law, if the person depicted in an image is less than 18, it is considered child pornography to possess that image. Texas law also provides similar protections for those under 17. There is no defense for having no knowledge of the person being underaged. You should not possess or share such images. 
  • Invasive Visual Recording and “Revenge Porn” – Texas law also prohibits recording another’s intimate areas and forwarding such images when they expect privacy over such images. You can be subject to additional charges if sharing such images was done in such a way as to cause harm to that individual.
  • Sexual Assault (“Rape”) – This includes sexual acts with another person without consent or through statutory rape with another person less than 17 regardless of consent. There is a defense to statutory rape if the age difference is not more than 3 years and there was no use of force or threats.

The list goes on…

Did you know it’s illegal in Texas to block emergency vehicles or entrances to hospitals? Did you know “Swatting” is also a crime? You can’t call 911 and falsely report a crime to cause SWAT to respond to a situation. It’s also illegal to use fireworks or laser pointers against police officers. Don’t fly drones over airports or government installations. That’s a crime, too. 

Criminal laws change almost every year. New laws get added. Old laws get updated. It is difficult to always know what is considered criminal under state law. Stay mindful of what’s going on as much as you can, but if you ever face a criminal law issue, seek assistance to fully understand your rights and responsibilities under the law.

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