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MURDER & ASSAULT

Our firm boasts a perfect record in murder trials. If you’re facing a murder, aggravated assault, assault with a deadly weapon or other charge – rest assured we have the experience to defend you or a loved one when it counts the most.

FAMILY VIOLENCE

Family violence cases are emotionally difficult for everyone involved. We excel in all cases related to criminal defense involving family violence cases including domestic assault, aggravated domestic assault, or violations of a family protective order.

ROBBERY & THEFT

An extremely common set of cases that we provide defense services for pertain to robbery and theft. Whether you are facing a robbery, burglary, misdemeanor or felony theft charge we can provide the insight and defense to help you beat the charge.

NARCOTICS & DRUG POSSESSION

Recieving charges pertaining to drug or narcotics posession are common, but challenging for indivdiuals and families alike. If you, or a loved one, are facing charges all the way from misdeamonor to major felony charges we’ve successfully defended hundreds of cases.

PERSONAL INJURY

If you find yourself or someone you care about confronting the aftermath of a personal injury incident, know that you don’t have to face it alone. From minor incidents to major accidents resulting in severe injuries, we understand the stress and uncertainty you may be facing.

FEDERAL CASES

Whether you’re confronting charges related to fraud, embezzlement, insider trading, or other financial offenses, our firm offers adept legal representation and strategic defense strategies to navigate through these complex matters and strive for a favorable outcome in your case.

A PROVEN FIGHTER

Fight For Justice

We are relentless in our approach to fighting for justice for you or your loved one. When you need a proven fighter who will not give up, you can do no better than Sam.

Best Case Stratergy

You often need a combination of resourceful, creative, insightful and soundly coherent legal insight to present the best opportunities for your clients. We develop case strategy that wins.

Experienced Attorneys

There is simply no substitute for experience. We have over two decades of criminal law case experience that we are eager to share with you.

 

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ABOUT SAM CAMMACK III

Your Houston Criminal Lawyer

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What is the difference between murder and assault?

Murder is when someone unlawfully takes another person’s life either on purpose or by acting extremely recklessly. Assault, on the other hand, is intentionally hurting someone physically or making them feel like they’re about to get hurt.

What are the different degrees of murder?

The degrees of murder can differ depending on where you are, but they generally fall into a few categories. There’s first-degree murder, which involves planning and deliberate action, second-degree murder, where the intent is there but the planning might not be, and sometimes manslaughter, which is when someone unintentionally causes death without planning or intending to. There’s also capital murder which includes the intentional killing under specific circumstances like murdering a peace officer, during certain felonies, for hire, of a child, or as part of a terrorist act.

What constitutes self-defense in cases of assault or murder?

Self-defense laws can vary quite a bit depending on which state you’re in, but as a general rule, they allow people to use reasonable force to protect themselves or others from immediate danger. The key is that the force you use has to match the level of threat you’re facing. It’s all about proportionality.

Stand your ground law or castle doctrine is the self-defense law in Texas. This law makes Texas special in the United States. Under the “stand your ground” law, individuals don’t need to demonstrate that a reasonable person couldn’t have avoided the violent situation by seeking safety elsewhere and thus had no alternative but to resort to violence for self-protection. Instead, individuals are only required to establish they had a lawful right to be present during the defensive action.

What is the punishment for murder and assault convictions?

The consequences for crimes like murder and assault can really vary. If someone’s convicted of murder, they could face some serious time behind bars, like life in prison or even the death penalty in certain states. Capital Murder in Texas punishment range is either life or death. With assault convictions, it’s kind of case by case – could be fines, probation, or jail time, depending on the circumstances.

Assault in Texas can result in a misdemeanor or felony conviction. The penalty will depend on the level of harm inflicted, the victim, and the defendant’s criminal history.

Here are the penalties for assault in Texas:

  1. Class C Misdemeanor – up to a $500 fine, no jail time
  2. Assault causing bodily injury, a Class A misdemeanor – up to a year in jail and $4,000 in fines
  3. Second-degree felony – 2 to 20 years in prison and a fine of up to $10,000
  4. First-degree felony – 5 years to life in prison, plus fine

In certain cases, prosecutors in Texas raise a simple assault resulting in minor injury to a third-degree felony. This offense carries a potential sentence of 2 to 10 years in a Texas prison and/or a fine of up to $10,000.

What is the statute of limitations for murder and assault?

In Texas, the statute of limitations for murder has no time limit, meaning that a murder case can be pursued and prosecuted at any time after the crime has been committed. However, for assault cases, the statute of limitations varies depending on the severity of the offense.

 

Can someone be charged with both murder and assault for the same incident?

In Texas, it is possible for someone to be charged with both murder and assault for the same incident under certain circumstances.

If an individual causes the death of another person while committing an assault, they could potentially face charges for both offenses. For example, if someone assaults another person with a deadly weapon and that assault results in the death of the victim, the perpetrator could be charged with both assault and murder.

However, it’s important to note that the specific charges brought against an individual will depend on the facts and circumstances of the case, as well as the evidence gathered by law enforcement during their investigation. Each case is unique, and the decision to pursue multiple charges in a single incident rests with the prosecuting authorities based on the evidence and applicable laws.

What factors determine whether a killing is considered murder or manslaughter?

In Texas, murder involves intentionally causing someone’s death with malice aforethought, which can also include killings during certain felonies. Manslaughter, on the other hand, is the unlawful killing of another person without malice aforethought. It can be voluntary, in the heat of passion, or involuntary, resulting from reckless or negligent behavior. The distinction is on intent and circumstances surrounding the killing.

Can someone be charged with murder if they did not directly cause the death?

In Texas, under the “felony murder rule”, the law allows for a person to be charged with murder even if they did not directly cause the death if they were involved in the commission of a felony that led to the death. This means that if a person participates in certain felonies, such as robbery or sexual assault, and someone dies as a result of that felony, all participants can be charged with murder, regardless of who actually caused the fatal injury. However, the specific circumstances and level of involvement of each individual will be taken into account by prosecutors when determining charges and potential liability.

Are there any defenses against murder or assault charges?

Common defenses include self-defense, defense of others, lack of intent, insanity, and alibi. The effectiveness of these defenses depends on the specific circumstances of the case and the laws of the jurisdiction.

What should I do if I am accused of murder or assault?

It is crucial to seek legal representation immediately and refrain from discussing the case with anyone other than your attorney. Your attorney can advise you on your rights and the best course of action to take in your defense.

What constitutes family violence?

In Texas, family violence includes a range of abusive behaviors committed against family or household members. This includes physical harm, threats of harm, sexual assault, and any form of coercion or control intended to intimidate or manipulate the victim. Family or household members can include spouses, former spouses, dating partners, parents, children, and other individuals who share a domestic or familial relationship.

What are the legal consequences of a family violence charge?

Family violence falls under assaults and is charged just like assaults are. Under the Texas Penal Code, assault or violence committed against a family member is considered a felony of the third degree. Convicted individuals may face a minimum of 2 years and a maximum of 10 years imprisonment and/or a fine not exceeding $10,000.

What should I do if I'm accused of family violence?

If you’re accused of family violence in Texas, it’s crucial to take the situation seriously and seek legal guidance immediately. 

  1. Refrain from discussing the allegations with the accuser or anyone else except your attorney. 
  2. Contact a qualified criminal defense attorney who specializes in handling family violence cases to protect your rights and provide guidance through the legal process. 
  3. Follow any court orders or conditions of release while your case is pending, and avoid contact with the alleged victim to prevent potential violations of protective orders. Your attorney will help you navigate the legal proceedings, build a defense strategy, and advocate on your behalf to achieve the best possible outcome.

Can I defend myself against allegations of family violence?

Yes, you have the right to defend yourself against allegations of family violence under Texas law. A strong defense may involve challenging the evidence presented by the prosecution, questioning the credibility of witnesses, demonstrating inconsistencies in the accuser’s story, or providing evidence of your innocence. Additionally, self-defense may be a viable defense if you were acting to protect yourself or others from harm. It’s crucial to work closely with a skilled criminal defense attorney who understands Texas laws regarding family violence and can develop a strategic defense tailored to the specific circumstances of your case.

  1. Refrain from discussing the allegations with the accuser or anyone else except your attorney. 
  2. Contact a qualified criminal defense attorney who specializes in handling family violence cases to protect your rights and provide guidance through the legal process. 
  3. Follow any court orders or conditions of release while your case is pending, and avoid contact with the alleged victim to prevent potential violations of protective orders. Your attorney will help you navigate the legal proceedings, build a defense strategy, and advocate on your behalf to achieve the best possible outcome.

What if I'm falsely accused?

In Texas, being falsely accused of family violence can have serious consequences, both legally and personally. If you find yourself in this situation, it’s important to act immediately. Your attorney can assist you in gathering evidence to support your innocence. They can also help you present your case effectively in court. It’s essential to adhere to any court orders or conditions of release while your case is pending and to refrain from contact with the accuser to avoid potential violations of protective orders. By working closely with a skilled criminal defense attorney who understands the nuances of Texas family violence laws, you can vigorously defend yourself against false accusations and strive to protect your reputation and rights.

  1. Refrain from discussing the allegations with the accuser or anyone else except your attorney. 
  2. Contact a qualified criminal defense attorney who specializes in handling family violence cases to protect your rights and provide guidance through the legal process. 
  3. Follow any court orders or conditions of release while your case is pending, and avoid contact with the alleged victim to prevent potential violations of protective orders. Your attorney will help you navigate the legal proceedings, build a defense strategy, and advocate on your behalf to achieve the best possible outcome.

How can I protect my rights during the legal process?

Protecting your rights during the legal process is important. 

  1. Cooperate closely with your attorney and follow their advice. 
  2. Exercise your right to remain silent and refrain from discussing the case with anyone other than your legal counsel. 
  3. Ensure that you understand your rights as outlined by the law and assert them as needed throughout the proceedings. 
  4. Maintain meticulous documentation of all interactions and communications related to your case for future reference.

Can an individual charged with domestic violence be granted bail?

Yes, and it comes with conditions attached to ensure the safety of the alleged victim. There will be a protective order issued to keep the accused individual away from the alleged victim. The duration of bond conditions may last for at least 61 days for misdemeanors and 91 days for felonies. 

What support resources are available to defendants in family violence cases?

There are organizations and support groups that provide assistance to individuals facing family violence charges. Your attorney can help you access these resources and support services.

How will a family violence conviction affect my future?

Although a conviction for domestic violence might have serious consequences, it’s crucial to keep in mind that it doesn’t determine your entire destiny. The obstacles it provides can be overcome with commitment and help. Consult with legal professionals to investigate your options for filing an appeal or, if necessary, expunging your record. Additionally, by taking part in counseling or support programs, concentrate on your own development and rehabilitation. Notwithstanding previous disappointments, you can create the conditions for a better future by exhibiting positive transformation and making the initiative to start over.

What is the difference between robbery and theft in Texas?

Robbery involves the use of force, threats, or intimidation to take property from another person. Theft, on the other hand, involves taking someone else’s property without their consent and with the intent to deprive them of it.

What are the penalties for robbery in Texas?

Robbery is a felony offense in Texas. The penalties vary depending on the circumstances of the crime, such as whether a deadly weapon was used or if someone was injured. Generally, robbery can result in significant prison time and fines.

How is theft classified in Texas?

Theft is classified based on the value of the stolen property. It can range from a Class C misdemeanor for property valued under $100 to a felony for property valued at $300,000 or more.

Can a theft charge be expunged in Texas?

Under certain circumstances, a theft charge in Texas may be eligible for expungement or non-disclosure. This typically depends on the outcome of the case and whether the individual meets specific eligibility criteria.

What is the statute of limitations for robbery and theft in Texas?

The statute of limitations for robbery and theft in Texas generally depends on the value of the stolen property and whether the offense is classified as a misdemeanor or a felony. For most felony theft offenses, the statute of limitations is typically longer than for misdemeanors.

What is the punishment for robbery and theft convictions?

Robbery, a second degree felony, in Texas is punishable by imprisonment for 2 – 20 years and/or a fine not exceeding $10,000.

For aggravated robbery, a first degree felony, the punishment can range from 5 – 99 years of prison or life imprisonment and/or a fine not exceeding $10,000. 

Punishment for theft ranges from imprisonment of at least 180 days to imprisonment for life or for any term of not more than 99 years or less than 5 years and/or a minimum fine of $500 to a maximum fine of $10,000.

Can I be charged with theft if I accidentally took something?

In Texas, theft requires the intent to permanently deprive the owner of their property. If you accidentally took something without intending to steal it, you may have a defense against theft charges. However, it’s essential to consult with a legal professional to understand your specific situation.

What should I do if I've been charged with robbery or theft in Texas?

If you’ve been charged with robbery or theft in Texas, it’s crucial to seek legal representation immediately. A qualified criminal defense attorney can assess your case, explain your rights, and help you navigate the legal process.

What are narcotics?

In Texas law, narcotics typically refer to certain controlled substances that are regulated due to their potential for abuse and dependence. These substances are often classified under the Texas Controlled Substances Act. Some examples of narcotics under Texas law include opioids, opium derivatives, some stimulants, hallucinogens, and cocaine.

What are the laws regarding drug possession in Texas?

In Texas, drug possession laws vary depending on the type and amount of the controlled substance. Generally, possession of any amount of a controlled substance without a valid prescription is illegal and can result in criminal charges. Penalties range from misdemeanor to felony charges, depending on factors such as the type of drug, the quantity possessed, and whether there is intent to distribute.

What are the penalties for drug possession in Texas?

Penalties for drug possession in Texas depend on factors such as the type and quantity of the drug, any prior criminal history, and whether the possession was for personal use or with intent to distribute. Possession of small amounts of drugs for personal use may result in misdemeanor charges, while possession of larger quantities or intent to distribute can lead to felony charges with more severe penalties, including fines and imprisonment.

Is drug possession treated differently for certain drugs in Texas?

Yes, Texas classifies drugs into penalty groups based on their potential for abuse and medical use. Penalties for possession can vary depending on which penalty group the drug falls under. For example, penalties for possession of drugs in Penalty Group 1 (e.g., cocaine, heroin, methamphetamine) are generally more severe than those for drugs in Penalty Group 3 (e.g., prescription medications).

Can drug possession charges in Texas be expunged or sealed?

Texas law allows for certain drug possession convictions to be expunged or sealed under certain circumstances, such as completing a diversion program or meeting other eligibility criteria. However, expungement or sealing of records is not automatic and typically requires a formal legal process.

What are the potential defenses against drug possession charges in Texas?

Common defenses against drug possession charges in Texas include challenging the legality of the search and seizure that led to the discovery of the drugs, disputing ownership or control of the drugs, questioning the accuracy of drug testing procedures, and asserting constitutional violations or procedural errors.

Are there alternatives to incarceration for drug possession offenders in Texas?

Yes, Texas offers various diversion programs and alternative sentencing options for non-violent drug offenders, such as drug courts, pre-trial diversion programs, probation, and substance abuse treatment programs. These programs focus on rehabilitation rather than punishment and aim to address the underlying issues contributing to drug abuse.

 

What should I do if I am charged with drug possession in Texas?

If you are charged with drug possession in Texas, it is essential to seek legal advice from a qualified attorney who specializes in criminal defense. An attorney can evaluate your case, explain your rights and options, and help you navigate the legal process to achieve the best possible outcome.

Is Marijuana illegal in Texas?

Earlier this year, District Attorney Kim Ogg of Harris County revealed a notable shift in policy. Commencing March 1, possessing less than four ounces of marijuana will not result in arrest, citation, or court summons. Essentially, individuals found with small quantities of marijuana will not incur criminal consequences provided they enroll in a drug education program.

Here’s a concise overview of marijuana possession laws in Texas:

Medical Usage: Legal only for medical purposes under the Compassionate Use Program since 2015. Recently, House Bill 1535 raised the allowable THC limit for medical patients to 1 percent. Patients need approval from a registered doctor.

Recreational Use: Still illegal in Texas. Possession of less than four ounces is a misdemeanor; four ounces or more is a felony. Selling less than seven grams is a misdemeanor; seven grams or more is a felony. Possessing hash and paraphernalia like bongs can lead to charges.

What is a personal injury case?

A personal injury case arises when a person suffers harm or injury due to the negligence, recklessness, or intentional actions of another party. These cases typically involve seeking compensation for medical expenses, lost wages, pain and suffering, and other damages.

What should I do if someone files a personal injury lawsuit against me in Texas?

If you’re facing a personal injury lawsuit in Texas, it’s crucial to take the matter seriously and seek legal advice immediately. Contact a qualified attorney who specializes in personal injury defense to protect your rights and build a strong defense strategy.

How can I defend myself against allegations of negligence in a Texas personal injury case?

To defend yourself against allegations of negligence, you’ll need to gather evidence to show that you did not breach the duty of care owed to the complainant, or that your actions did not directly cause their injuries. Your attorney can help you gather evidence, interview witnesses, and develop a defense strategy.

What are my options if I believe I'm being wrongfully accused of causing someone's injuries in Texas?

If you believe you’re being wrongfully accused, it’s essential to gather evidence to support your defense. This may include witness statements, surveillance footage, expert testimony, and any other relevant documentation. Your attorney can help you assess the strength of the complainant’s case and determine the best course of action.

Can I countersue the complainant for damages in a Texas personal injury case?

In some cases, you may have grounds to countersue the complainant for damages such as defamation, malicious prosecution, or intentional infliction of emotional distress. However, countersuing should be approached cautiously and discussed with your attorney to ensure it’s a viable strategy.

What are the potential consequences if I'm found liable for the complainant's injuries in Texas?

If you’re found liable for the complainant’s injuries, you may be required to pay damages to compensate them for their losses. The amount of damages awarded will depend on various factors, including the severity of the injuries, the extent of financial losses, and any applicable insurance coverage.

Should I accept a settlement offer or go to trial in a Texas personal injury case?

Whether to accept a settlement offer or go to trial depends on the specific circumstances of your case, including the strength of your defense, the potential costs and risks of litigation, and the likelihood of success at trial. Your attorney can provide guidance on the best course of action based on your individual situation.

What steps can I take to protect my interests during a personal injury lawsuit in Texas?

To protect your interests, it’s essential to cooperate fully with your attorney, provide them with all relevant information and documentation, and adhere to any court deadlines or requirements. Avoid discussing the case with the complainant or their representatives without your attorney present, and follow their guidance throughout the legal process.

What types of federal cases are heard in Texas?

Federal cases in Texas can involve a variety of legal issues, including but not limited to drug trafficking, immigration offenses, white-collar crimes, civil rights violations, environmental crimes, intellectual property disputes, and federal regulatory matters.

What types of federal cases are heard in Texas?

Federal cases in Texas are typically heard in United States District Courts, which are divided into four judicial districts: Northern, Southern, Eastern, and Western. Each district has multiple courthouses where federal proceedings take place.

What steps should I take if I'm contacted by federal authorities regarding an investigation?

If contacted by federal authorities regarding an investigation, it’s vital to remain calm and assert your right to legal representation. Refrain from providing any information or statements without consulting with an experienced federal defense attorney. Your attorney can guide you on how to respond appropriately to protect your rights and interests.

What are my rights during the investigation process?

As a defendant in a federal case in Texas, you have fundamental rights, including the right to remain silent and the right to legal counsel. You are not obligated to speak with investigators without your attorney present. It’s crucial to assert these rights and cooperate with your attorney to navigate the investigation effectively.

What should I do if I'm arrested by federal agents in Texas?

If arrested by federal agents in Texas, assert your right to remain silent and request to speak with your attorney immediately. Avoid making any statements or admissions without legal counsel present. Your attorney can advise you on how to proceed and ensure that your rights are protected throughout the arrest and booking process.

What are the potential consequences of being charged with a federal crime in Texas?

The consequences of being charged with a federal crime in Texas can be severe and may include fines, probation, forfeiture of assets, and imprisonment. The specific penalties will depend on the nature and severity of the charges, as well as any applicable sentencing guidelines. It’s essential to work closely with your attorney to understand the potential consequences and develop a strong defense strategy.

What can I expect during the trial process in a federal case in Texas?

If your case goes to trial, you can expect a thorough and rigorous legal process, including jury selection, presentation of evidence, witness testimony, cross-examination, and closing arguments. Your attorney will advocate on your behalf and challenge the prosecution’s case to ensure your rights are protected and the best possible defense is presented.

How can I find the right attorney to represent me in my federal case in Texas?

Finding the right attorney is crucial to building a strong defense and achieving the best possible outcome in your federal case. Look for an attorney with experience in federal criminal defense, particularly in Texas. Consider factors such as the attorney’s track record, reputation, and communication style. Schedule consultation here.