The trial is underway for Narjes Modarresi, charged with capital murder in connection with the death of the child in April 2010.
According to HPD, Modarresi initially said the baby was taken in his
stroller in the 8000 block of Woodway by a man in a mid-sized brown or
beige sedan. But after a lengthy interview with investigators, Modarresi led them to a wooded area near Buffalo Bayou where her son was buried alive in a shallow grave.
Defense attorney George Parnham said Modarresi had an extensive history
of mental illness including bipolar disorder and post-partum
depression. Parnham also represented Andrea Yates, the Houston woman who
drowned her five kids in 2001.
While her family says Modarresi has a history of mental illness, it's
unclear whether there was any official diagnosis of post-partum
depression. George Parnham, an expert on post-partum depression, said the public should withhold judgment.
"I understand that the mother's Iranian, and there may be a cultural
issue, whereby she has added pressure not to speak to relatives about
examples of post-partum issues," he said.
"When we're dealing with a mother who's suffering post-partum
psychosis, her reality -- and the reality in which she makes a a
decision -- is different," he said.
"Injury to a child by omission" means that the legal guardian,
or someone with the legal duty to support/protect the child, failed to
take an action they should have taken and the failure to take that
action caused injury to the child. “Injury to a Child” is defined by Texas Penal Code 22.04 which states;
(a) A person commits an offense if he intentionally, knowingly,
recklessly, or with criminal negligence, by act or intentionally,
knowingly, or recklessly by omission, causes to a child, elderly
individual, or disabled individual:
(1) serious bodily injury;
(2) serious mental deficiency, impairment, or injury; or
(3) bodily injury.
Child abuse allegations are extremely serious in nature, and Texas law takes these matters so seriously that we are all charged
with an affirmative duty in Texas to report any abuse or neglect of a
child to the authorities. Charges of child abuse can be brought if someone is alleged to have acted
“intentionally” or “knowingly”, or in the case of an
“inchoate” crime; a crime of omission, or failing to act.
While most felony child abuse charges stem from a direct act by a
defendant in the context of an assault, either intentionally or recklessly causing some contact with a
child that results in an injury- child abuse also
applies to omissions or things that a person failed to
do. This is one of the few felony offenses where a person is
punished for not doing something.
Child abuse charges from omissions only apply to a parent or
another person who has taken over the parenting or caretaking function, such as a nanny or babysitter. Examples could include punishment
techniques involving the deprivation of food or water, or failing to obtain
proper medical treatment for a child, even when the denial of
treatment is based on religious beliefs.
There are several affirmative defenses available to people
accused of injury to a child in Texas. A primary defense is provided by
Texas Penal Code Section 9.61 which allows "the use of force, but not deadly force,
against a child younger than 18 years of age (1) if the actor is the
child’s parent or step-parent acting in loco parentis to the child
(which includes grandparents, guardians, or any person acting by,
through, or under the discretion of a court with jurisdiction over the
child, and anyone that has the express or implied consent of the parent
or parents of the child); and (2) when and to the degree the actor
reasonably believes the force is necessary to discipline the child or to
safeguard or promote his welfare."
This means that if a defendant can show that the injury was the
result of reasonable discipline, then a defendant is allowed to submit
an affirmative defense. The main focus is the reasonableness
of the discipline; if a parent spanks their child with a belt and leaves minimal red marks, they will probably be able to beat a felony child
abuse charge. A spanking with a metal studded belt that
lasted for an extensive period of time would not qualify as reasonable.
It is extremely common for law enforcement, either a local police agency
or Child Protective Services (CPS) to conduct investigations of child
abuse or endangerment without notifying the accused that they are being investigated for a felony. A seemingly innocuous
request to have an in-person interview may be an attempt to
get a confession.
If you have any question about why you’ve been
contacted for an investigation you should speak with a lawyer
immediately. Contact the law offices of Parnham and McWilliams at 713.224.3967 or visit parnhamandmcwilliams.com to schedule a free consultation.
Simple assault in Texas is defined in Tex. Penal Code Ann. §22.01. and consists of intentionally, knowingly or recklessly causing bodily injury to another person; intentionally or knowingly threatening another person with imminent bodily injury, or intentionally or knowingly causing physical contact with another that the offender knows or reasonably should know the victim will find provocative or offensive.
Any injury such as a broken bone, disfigurement or loss of a limb that
requires surgery or hospitalization is a considered “serious bodily injury”; simple assault involves only minor bodily injury like a cut, scrape, or
bruise. In fact, assault does not even require actual physical contact with another individual: simply threatening another person with violence may be considered assault if that person has a reasonable fear that the act will be committed.
In addition, any abusive, violent, coercive, forceful, or threatening act or word
inflicted by one member of a family or household on another can
constitute a domestic assault. In Texas, domestic violence ranges from saying unkind or demeaning words
(verbal assault) to physical actions such as grabbing a person's arm, hitting, kicking or
choking them. Although domestic violence most often refers to
violence between married or cohabiting couples, it may also
refer to violence against other members of a household such as
children or elderly relatives.
An attempted assault is defined as attempting to cause serious physical
harm resulting in significant injury. Examples of this include physical
harm to a person or another person's unborn child and engaging in sexual
conduct as a known carrier of a virus that causes acquired
immunodeficiency syndrome.
In
Texas, Assault can be a Class C Misdemeanor, a Class A Misdemeanor or a
Felony; "Simple Assault" generally falls under the Class C Misdemeanor charge. A
regular Class A Assault is where a person “causes bodily injury to
another”, meaning pain. For example, if someone
pushes you, but it did not hurt, they may be charged with simple
assault. If they push you and it hurts (even if there is no visible
injury) they may be charged with a Class A misdemeanor assault. The Class C Misdemeanor offense of simple
assault is punishable by a
fine only up to $500. It is possible to be charged with a simple assault
involving domestic violence. A Class A Misdemeanor is punishable up to
one year in county jail and a $4,000 fine. Aggravated Assault or an
enhanced domestic violence assault is a second degree felony punishable
by 2 to 20 years in prison and up to a $10,000 fine.
When an assault is charged under the misdemeanor category, a law enforcement
officer cannot arrest an individual without seeing them actually commit
the assault. This does not mean you cannot be prosecuted for the
assault. An officer can arrest an individual without seeing the
assault, if the assault involves domestic violence. Every arrest does not
necessarily mean that the individual is guilty of committing simple
assault; every case has its own facts and circumstances. The required
intent can be met based upon recklessness; if the defendant is aware of
some risk, but disregards the risk, they can still be liable for
assault.
If an
individual believed that an act is necessary to prevent harm to themselves or to protect their property from being stolen, they could be found to not have committed an assault: this self-defense
argument can sometimes overlap and be used if an individual was
defending/protecting another individual. Another defense against assault charges is that the actions were accidental if they were not intentional, knowing, or
reckless. When the assault charge arises from threats, arguments can be
raised that the complainant misinterpreted the actions of the accused.
If you have been accused of Assault, please contact Parnham & McWilliams 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.
"Assault" charges in Texas can range from a simple threats or fistfights to violent attacks with dangerous weapons. Under Texas law, you can be charged with assault resulting from an incident with no physical contact.
An act of assault can include intentionally, knowingly, or recklessly causing bodily injury to another person, threatening someone with bodily injury or causing physical contact in a manner considered offensive or provocative.
For a threat to rise to the level of a criminal assault, the threat has to put the person in reasonable fear of injury.
For the police to actually arrest you on the spot on an assault charge, they
have to actually witness the act. If the police are not there to
witness the assault, then they can write you a complaint (citation) or
notice to appear in court, or they can seek an arrest warrant from a
judge.
The exception to this is with domestic assault or domestic violence
accusations, in which case the police in Texas are authorized to arrest
you and remove you from the premises.
Under Texas Penal Code Section 22.02. an assault is considered an aggravated assault if serious bodily injury is caused, and/or a deadly weapon is used or exhibited in committing the assault.
"Bodily injury" does not necessarily require some sort of visible injury
like a cut or bruise: in fact the legal definition includes mere physical pain.
As a result, you can be charged with "Assault with Bodily Injury," if you are accused of merely slapping another
person or pulling their hair.
The definition of "serious bodily injury" is more intuitive, meaning that the bodily injury "creates a substantial risk of death or causes death, serious permanent
disfigurement, or protracted loss or impairment of the function of any bodily member
or organ."
In Texas, assault and battery laws carry penalties ranging from a "Class C" misdemeanor (monetary fine of up to $500) to a
second degree felony (two to twenty years in prison and a fine of no
more than $10,000). The primary factors influencing which type of
penalty is likely to be imposed.
Aggravated assault, on the other hand, is always classified as either a
first or second degree felony; generally it is prosecuted as a second
degree felony, except in the
following circumstances:
The victim is either someone living in the household of the
defendant, related to the defendant by blood or affinity (including
foster parents or foster children), or in a "dating relationship" with
the defendant;
The defendant is a public servant acting under his/her office as a public servant;
The victim is a public servant and was acting under his/her duties at the time of the crime;
The victim is a security officer on duty at the time of the crime;
The defendant was in a motor vehicle at the time of the crime and
recklessly discharges a firearm in the direction of a building, vehicle
or habitation without knowledge of whether it was inhabited and causes
serious bodily injury to a victim;
A conviction of second degree felony carries a penalty of two to twenty
years in state prison and/or a fine of no more than $10,000.
If the
conviction is for first degree felony, the penalty imposed may be
between 5 to 99 years in state prison and/or a fine of no more than
$10,000.
If you have been charged with criminal assault, including misdemeanor
assault or felony aggravated assault, or if you are being investigated
for state or federal assault charges, it is important to seek counsel
from an experienced criminal defense attorney. For more information visit www.texasassaultattorney.com or contact Parnham and McWilliams at 713.224.3967 to schedule a free consultation.
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.
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.
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.
