Apr 10, 2014

Texas State "Hazing" Laws: Houston Criminal Attorney


Hazing is a broad term encompassing any action or activity which does not contribute to the positive
development of a person; which inflicts or intends to cause physical or mental harm or anxieties or
sleep deprivation; which may demean, degrade, or disgrace any person, regardless of location, intent
or consent of participants. Hazing can also be defined as any action or situation which intentionally
or unintentionally endangers a student seeking admission into or affiliation with any student
organization.
In most states hazing is considered a misdemeanor with fines of up to $5,000. The problem states are having is with reporting incidents: working toward a federal law is critical to solving the bullying problem because the number of incidents reported is crucial.
A study by Alfred University has found that hazing is most likely to occur on campuses in eastern or southern states. Eastern and western states have the most alcohol-related hazing while southern and western states have the most dangerous hazing. Women are most likely to be involved with alcohol-related hazing. Male athletes who play soccer, lacrosse, swim or dive are most at risk for hazing in general, while football players are most likely to be dangerously or illegally hazed. The study found athletes and coaches agree on a few ways to prevent hazing; introduce clear anti-hazing messages, expect responsibility from athletes, and offer team bonding supervised by a coach.

The Texas State Legislature enacted laws concerning hazing in 1995; under Texas Education Code (ED.C.)§ 4.52(a), individuals or organizations engaging in hazing could be subject to fines and charged with a criminal offense. According to the law, a person can commit a hazing offense not only by engaging in a hazing activity, but also by soliciting, directing, encouraging, aiding or attempting to aid another in hazing; by intentionally, knowingly or recklessly allowing hazing to occur; or by failing to report, in writing to the Dean of Students or another appropriate official of the institution, first-hand knowledge that a hazing incident is planned or has occurred. The fact that a person consented to or acquiesced in a hazing activity is not a defense to prosecution for hazing under this law.

A person commits an offense if they:
  • Engage in hazing;
  • Solicit, encourage, direct, aid, or attempt to aid another in engaging in hazing;
  • Have firsthand knowledge of the planning of specific hazing incident involving a student in an educational institution, or have firsthand knowledge that a specific hazing incident has occurred, and knowingly fail to report this knowledge in writing to the dean of students or another appropriate official of the institution.


Hazing may occur on or off the campus, and consent is not considered a defense.


Penalties for personal hazing are dependent on the character of injury; if there is no serious bodily injury it is a misdemeanor punishable by a fine of between $500 and $1000, county jail for time between 90 and 180 days, or both. If there is serious bodily injury it is a misdemeanor punishable by a fine between $1000 and $5000 and/or a jail sentence between 180 days and one year.
Hazing that results in a death is also a misdemeanor, with fines of $5000 to $10,000 and/or not less than one year or more than two years incarceration.



An organization convicted of hazing faces a fine not less than $5000 or more than $10,000. If there is  personal injury, property damage or other los, the court may sentence the organization to pay a fine of not less than $5000, nor more than the double amount of loss incurred.
The offense of failing to report hazing is punishable by a fine of up to $1000, confinement in the county jail for not more than 180 days, or both.


If you have been accused of a crime, please contact us today at 713-224-3967 or visit www.parnhamandmcwilliams.com for a free consultation with an aggressive and resourceful criminal defense attorney. We will work tirelessly to ensure the best possible outcome for your case.


 

Apr 5, 2014

Defense of the Assault Case- Houston, Texas Criminal Attorney


An assault and battery charge can result in serious consequences for any defendant. You may face an extended prison sentence and be forced to pay excessive fines.
Justified or not, being charged with assault is a serious matter you should not take lightly.
An Assault is an offense against another person or persons. The various forms of Assault in Texas are set forth in Chapter 22 of the Texas Penal Code. Depending on the specific facts and circumstances of any given case, an assault charge can be anything from a fine only Misdemeanor up to a Felony Assault charge which could result in a lengthy prison sentence and/or a hefty fine. 
Our attorneys are intimately familiar with all facets of criminal defense and may help clients with the following:
  • Work to get the charges dropped or lowered
  • Interview police, involved parties, and any possible witnesses to expose any lies or exaggerations
  • Make sure that no evidence against our client was obtained illegally
  • Conduct a thorough pre-trial investigation
  • Employ a private investigator, ballistics expert, polygraphist, or any other experts that may be able to help strengthen our client’s defense
  • Obtain expert witnesses to testify on behalf of our clients
  • Negotiate with prosecutors to make sure our clients face the minimum possible penalties

If you have been accused of a crime, please contact us today for a free consultation with an aggressive and resourceful criminal defense attorney. We will work tirelessly to ensure the best possible outcome for your case. Call (713)224 - 3967 for a free consultation or visit www.texasassaultattorney.com for more information.

Apr 4, 2014

Use of Mitigation Experts in Criminal Defense


Mitigation specialists can play a crucial role in legal defense, particularly in capital cases. They can provide defense attorneys with professional analysis, investigative information, key evidence and experts needed to testify regarding circumstances presented in the case.  A mitigation specialist will seek to uncover as much background information as possible regarding the defendant in order to inform the jury and make recommendations to the court during the sentencing phase.

While backgrounds of mitigation specialists vary, most have a four-year degree in criminal justice, psychology, social work, sociology, journalism or anthropology. They may have a network of professionals including forensic psychiatrists and psychologists, substance abuse treatment providers, forensic accountants, forensic computer analysts and others.

 Since attorneys often lack both the time and expertise to supervise the investigative process, they instead rely on these final reports submitted when preparing for court. As such, a mitigation specialist needs to prove his or her competence in all phases of the job before the defense team will extend an offer. The goal of the mitigation report is to provide a truthful accounting to the judge or jury of how did this defendant come to commit the crime. It is not meant to justify the crime, rather to provide a comprehensive explanation of how the individual came to be where they are, and to point out how their limited choices and past personal experiences contributed to the situation.

The most effective use of a mitigation specialist is to include them right from the beginning of the case as part of the defense team. A comprehensive mitigation report takes extensive research and investigation. Time is needed to identify, request, collect and review documentation of the defendant’s early life, including medical, educational, mental health, judicial and incarceration records. Investigations include interviews of family members and other key contacts.

If you have been accused of a crime, please contact us today at 713.224.3967 or visit www.parnhamandmcwilliams.com for a free consultation with an aggressive and resourceful criminal defense attorney. We will work tirelessly to ensure the best possible outcome for your case.