Sexual Assault in Texas: A Comprehensive Guide

We have put together the most comprehensive guide on sexual assault in Texas. Allegations can come anytime as most of these offenses have no statute of limitations. We have successfully defended every level of sexual allegation, including “super aggravated” sexual offenses where the minimum punishment begins at 25 years in prison (no probation or parole). Our track record speaks volumes about our expertise and dedication to protecting our client’s rights and futures.

At Varghese Summersett, we pride ourselves on having multiple Board Certified Criminal Law Specialists on our team. This prestigious designation, awarded by the Texas Board of Legal Specialization, is the highest certification a criminal lawyer can achieve, demonstrating our commitment to excellence and in-depth knowledge of criminal law.

In this comprehensive guide, we’ll walk you through the various sexual offenses in Texas, providing crucial information to help you understand the charges, potential consequences, and how our experienced team can assist in your defense.

Sexual offenses in Texas are serious crimes with severe penalties. This guide covers the various sexual crimes, their definitions, punishment ranges, and registration requirements.

Quick Links

Sexual Assault
Aggravated Sexual Assault
Continuous Sexual Abuse of a Young Child or Children
Indecency with a Child
Sexual Performance by a Child
Online Solicitation of a Minor
Improper Relationship Between Educator and Student
Indecent Assault
Prohibited Sexual Conduct
Invasive Visual Recording
Possession or Promotion of Child Pornography
Trafficking of Persons
Compelling Prostitution
Sexual Coercion

Sexual Assault

Definition: Non-consensual sexual penetration or contact. This includes:

• Penetration of the anus or sexual organ without consent
• Penetration of the mouth by a sexual organ without consent
• Causing the sexual organ of another to contact or penetrate the mouth, anus, or sexual organ of another person without consent

Punishment: Second-degree felony, 2-20 years in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 10 years
Learn more about Sexual Assault

Aggravated Sexual Assault

Definition: This charge involves sexual assault plus aggravating factors such as:

• Causing serious bodily injury
• Attempting to cause death
• Using or exhibiting a deadly weapon
• Administering drugs to facilitate the offense
• Assaulting a victim under 14 years old

Punishment: First-degree felony, 5-99 years or life in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: No statute of limitations
Learn more about Aggravated Sexual Assault

Continuous Sexual Abuse of a Young Child or Children

Definition: Committing two or more acts of sexual abuse against a child under 14 over a period of 30 days or more
Punishment: First-degree felony, 25-99 years or life in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: No statute of limitations
Learn more about Continuous Sexual Abuse of a Young Child or Children

Indecency with a Child

Definition: Sexual contact with a child under 17 or exposure of genitals to a child with intent to arouse or gratify sexual desire
Punishment:

• By contact: Second-degree felony, 2-20 years in prison and up to a $10,000 fine
• By exposure: Third-degree felony, 2-10 years in prison and up to a $10,000 fine

Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 20 years after victim’s 18th birthday
Learn more about Indecency with a Child

Sexual Performance by a Child

Definition: Employing, authorizing, or inducing a child under 18 to engage in sexual conduct or a sexual performance
Punishment:

• Second-degree felony if child is 14-17
• First-degree felony if child is under 14

Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 20 years after victim’s 18th birthday
Learn more about Sexual Performance by a Child

Online Solicitation of a Minor

Definition: Using the internet to communicate in a sexually explicit manner with a minor or to solicit a meeting with a minor for sexual purposes
Punishment:

• Third-degree felony if child is 14-16
• Second-degree felony if child is under 14

Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 3 years
Learn more about Online Solicitation of a Minor

Improper Relationship Between Educator and Student

Definition: Sexual contact between an educator and a student in the same school district
Punishment: Second-degree felony, 2-20 years in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 3 years
Learn more about Improper Relationship Between Educator and Student

Indecent Assault

Definition: Non-consensual touching of intimate parts or causing contact with bodily fluids for sexual gratification
Punishment: Class A misdemeanor, up to 1 year in jail and up to a $4,000 fine
Registration: No, not a registerable offense
Statute of Limitations: 2 years
Learn more about Indecent Assault

Prohibited Sexual Conduct

Definition: Sexual intercourse or deviate sexual intercourse with a close family member
Punishment: Third-degree felony, 2-10 years in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 3 years
Learn more about Prohibited Sexual Conduct

Invasive Visual Recording

Definition: Recording or broadcasting an intimate area of another person without their consent
Punishment: State jail felony, 180 days to 2 years in state jail and up to a $10,000 fine
Registration: No, not a registerable offense
Statute of Limitations: 3 years
Learn more about Invasive Visual Recording

Possession or Promotion of Child Pornography

Definition: Possessing or promoting visual material depicting a child under 18 engaging in sexual conduct
Punishment:

• Possession: Third-degree felony, 2-10 years in prison and up to a $10,000 fine
• Promotion: Second-degree felony, 2-20 years in prison and up to a $10,000 fine

Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: No statute of limitations
Learn more about Possession or Promotion of Child Pornography

Trafficking of Persons

Definition: Trafficking a person for forced labor or sexual conduct
Punishment: First-degree felony, 5-99 years or life in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender if the offense involves sexual conduct
Statute of Limitations: No statute of limitations
Learn more about Trafficking of Persons

Compelling Prostitution

Definition: Forcing someone into prostitution, with harsher penalties if the victim is under 18
Punishment: First-degree felony, 5-99 years or life in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: No statute of limitations if victim is under 18, otherwise 3 years
Learn more about Compelling Prostitution

Sexual Coercion

Definition: Threatening to reveal intimate visual material to coerce someone into sexual acts
Punishment: State jail felony, 180 days to 2 years in state jail and up to a $10,000 fine
Registration: No, not a registerable offense
Statute of Limitations: 3 years
Learn more about Sexual Coercion

Sexual offense charges in Texas are extremely serious and can have life-altering consequences. The complexities of these cases require the expertise of seasoned attorneys who understand the nuances of Texas law and have a proven track record of success.

At Varghese Summersett, we bring decades of experience, Board Certified expertise, and a relentless approach to defending our clients against sexual offense allegations. Our team of former prosecutors turned defense attorneys knows how to navigate the legal system, challenge evidence, and fight for the best possible outcome in your case.

Don’t let a sexual offense charge derail your life. The stakes are too high to face these allegations alone or with inexperienced counsel. Take the first step towards protecting your rights and your future.

Call us today at 817-203-2220 for a confidential consultation. Our team of expert criminal defense attorneys is standing by to provide the aggressive, strategic defense you need. Don’t wait – the sooner you involve experienced legal counsel, the better your chances of a favorable outcome. Your future is on the line – make the call now.

In Texas, the sobering reality of traffic safety is that a fatal car accident occurs approximately every 2 hours and 15 minutes. We have previously discussed the number of car accidents in Texas in general. In this article, we explore the frequency of fatal car accidents in Texas

The Grim Frequency of Texas Traffic Fatalities

In 2022, Texas reported 3,520 fatal crashes, resulting in 3,874 fatalities. To break this down:

• On average, over 10 people died each day in car accidents in Texas.
• There was nearly one death every 2 hours and 15 minutes.
• A reportable crash occurred every 57 seconds.

These numbers paint a stark picture of the risks on Texas roads. To put it in perspective, in the time it takes to watch a typical movie, another life is likely to be lost in a Texas traffic accident.

Five-Year View of Car Accident Fatalities

To understand if this frequency is improving or worsening, let’s look at the data from 2018 to 2022:

• 2018: 3,305 fatal crashes (1 every 2 hours 39 minutes)
• 2019: 3,340 fatal crashes (1 every 2 hours 37 minutes)
• 2020: 3,520 fatal crashes (1 every 2 hours 29 minutes)
• 2021: 4,031 fatal crashes (1 every 2 hours 10 minutes)
• 2022: 3,520 fatal crashes (1 every 2 hours 29 minutes)

This data reveals a concerning trend. Despite fluctuations, the frequency of fatal accidents has generally increased over the past five years, with a peak in 2021 during the pandemic.

Texas vs. National Statistics

To contextualize Texas’s situation, let’s compare it to national figures:

• In 2022, Texas accounted for about 9.1% of all traffic fatalities in the United States, despite making up only 8.8% of the U.S. population.
• The fatality rate on Texas roadways was 1.44 deaths per hundred million vehicle miles traveled in 2022, higher than the national average of 1.35.
• While nationally about 0.63% of reported crashes were fatal in 2022, in Texas, this figure was slightly higher at 0.64%.

These comparisons underscore that Texas faces a disproportionate challenge with traffic fatalities compared to the nation as a whole.

Where are fatal accidents taking place in Texas?

Most fatal accidents take place on state and national highways in Texas. This is followed by interestate highways and farm-to-market roads.

In contrast, City Streets and County roads exhibit moderate fatality rates, indicating a lower but still significant number of accidents. Tollways consistently report the lowest fatalities, suggesting these routes are relatively safer, despite higher speeds.

US Highways are part of a network of national highways using the “U.S.” route designator. They generally connect major cities and can run in a state or through multiple states. These highways go directly through towns. You’ll typically see a national highway marker with a white shield on a black sign.

An interstate highway often has more lanes, higher speeds, and fewer exits, and those exits are to off-ramps rather than intersecting roadways. Interstate highway signs are typically a blue shield with a red top and the interstate number at the center. Even-numbered interstates run west to east, and odd-numbered interstates run north to south.

US Highways (Highest Incidence of Fatalities)

• Purpose: Connect cities and towns, serving as a secondary network to the Interstate System.
• Design: May have traffic signals, intersections, and direct property access.
• Examples: US-59, US-290.

Interstate Highways 

• Purpose: Designed for high-speed, long-distance travel across multiple states.
• Design: Limited-access roads with multiple lanes and no direct property access.
• Examples: I-35, I-10, I-45.

State Highways

• Purpose: Serve intrastate travel, connecting smaller towns and cities within a state.
• Design: Vary from two-lane roads to multi-lane highways, often with direct access.
• Examples: TX-6, TX-71.

Factors Contributing to Texas’s High Fatality Rate

Several elements may contribute to the frequent occurrence of fatal accidents in Texas:

• Vast Rural Road Network: Rural roads often have higher speed limits and fewer safety features, increasing the risk of fatal crashes. These roads may lack adequate lighting, guardrails, and signage, making them more dangerous, especially at night or in poor weather conditions.
• Higher Speed Limits: Some Texas highways have speed limits up to 85 mph, the highest in the nation. Higher speed limits can lead to more severe accidents because the impact force increases with speed. This also leaves less time for drivers to react to unexpected situations.
• Lower Seat Belt Usage: In some areas of Texas, seat belt use is below the national average. Seat belts are one of the most effective ways to prevent fatalities in a crash. Lower usage rates mean more drivers and passengers are at risk of being seriously injured or killed in an accident.
• Drunk Driving: Texas consistently ranks high in alcohol-impaired driving fatalities. Drunk driving significantly impairs a driver’s ability to operate a vehicle safely, leading to a higher likelihood of crashes. Texas’s large number of alcohol-related crashes contributes significantly to its fatality rate.
• Distracted Driving: With the prevalence of mobile devices, distracted driving remains a significant issue. Activities such as texting, talking on the phone, or using in-car technologies divert attention from the road, increasing the risk of accidents. Texas has implemented laws to curb distracted driving, but it remains a prevalent problem.

These factors combine to create a challenging environment for traffic safety in Texas, necessitating continued efforts to improve road conditions, enforce traffic laws, and promote safe driving behaviors.

Efforts to Reduce Fatal Accidents

Given the frequency of fatal accidents, Texas has implemented various initiatives:

• “End the Streak” Campaign: This initiative aims to raise awareness about daily traffic deaths in Texas. The campaign encourages drivers to commit to safe driving practices to end the streak of daily fatalities on Texas roads.
• Enhanced Enforcement: Increased policing efforts target speed limit violations and seat belt non-compliance. By focusing on these high-risk behaviors, law enforcement agencies aim to reduce the number of fatal accidents.
• Infrastructure Improvements: Texas has been focusing on improving road conditions, especially in high-risk rural areas. This includes adding safety features like better lighting, guardrails, and rumble strips to reduce the likelihood of accidents.
• Education Programs: Targeting young drivers, these programs promote safe driving habits through school-based initiatives and public awareness campaigns. These programs often include simulated driving experiences and the consequences of unsafe driving.
• Technology Integration: The state is also integrating advanced vehicle safety technologies, such as automatic emergency braking and lane departure warnings, to reduce the occurrence of accidents.

What Should You Do if You Lose Someone in a Car Accident?

As a resident of Texas or someone affected by a car accident, losing a loved one in such a tragic event can be devastating. In these situations, you may have the option to pursue a wrongful death claim to seek justice and compensation for your loss.

What is a Wrongful Death Claim?

A wrongful death claim is a legal action brought against a person or entity whose negligence or wrongful act caused the death of another person. In the context of car accidents, this could involve reckless driving, driving under the influence, or other negligent behaviors.

Who Can Bring a Wrongful Death Claim?

In Texas, specific family members are entitled to file a wrongful death claim. These include:

• The spouse of the deceased
• The children of the deceased (including adopted children)
• The parents of the deceased

If none of these relatives file a claim within three months of the death, the executor or administrator of the deceased’s estate may file, unless all of the eligible family members request that no wrongful death claim be brought.

Compensation in Wrongful Death Claims

Compensation in a wrongful death claim can cover a variety of damages, including:

• Funeral and burial expenses
• Medical expenses incurred prior to death
• Loss of the deceased’s income and potential future earnings
• Loss of companionship, care, and support
• Mental anguish and emotional suffering

Legal Support

Navigating a wrongful death claim can be complex, and it’s essential to have legal support to guide you through the process. At Varghese Summersett, we understand the profound impact of losing a loved one and are committed to helping families seek the justice and compensation they deserve.

If you’ve lost a loved one in a car accident, understanding your rights and the process of filing a wrongful death claim is crucial. This legal avenue allows you to hold the responsible parties accountable and secure financial support to help you through this difficult time. Consulting with a knowledgeable attorney can provide clarity and support as you navigate this challenging period.

In Texas, the sobering reality of traffic safety is that a fatal car accident occurs approximately every 2 hours and 15 minutes. We have previously discussed the number of car accidents in Texas in general. In this article, we explore the frequency of fatal car accidents in Texas

The Grim Frequency of Texas Traffic Fatalities

In 2022, Texas reported 3,520 fatal crashes, resulting in 3,874 fatalities. To break this down:

• On average, over 10 people died each day in car accidents in Texas.
• There was nearly one death every 2 hours and 15 minutes.
• A reportable crash occurred every 57 seconds.

These numbers paint a stark picture of the risks on Texas roads. To put it in perspective, in the time it takes to watch a typical movie, another life is likely to be lost in a Texas traffic accident.

Five-Year View of Car Accident Fatalities

To understand if this frequency is improving or worsening, let’s look at the data from 2018 to 2022:

• 2018: 3,305 fatal crashes (1 every 2 hours 39 minutes)
• 2019: 3,340 fatal crashes (1 every 2 hours 37 minutes)
• 2020: 3,520 fatal crashes (1 every 2 hours 29 minutes)
• 2021: 4,031 fatal crashes (1 every 2 hours 10 minutes)
• 2022: 3,520 fatal crashes (1 every 2 hours 29 minutes)

This data reveals a concerning trend. Despite fluctuations, the frequency of fatal accidents has generally increased over the past five years, with a peak in 2021 during the pandemic.

Texas vs. National Statistics

To contextualize Texas’s situation, let’s compare it to national figures:

• In 2022, Texas accounted for about 9.1% of all traffic fatalities in the United States, despite making up only 8.8% of the U.S. population.
• The fatality rate on Texas roadways was 1.44 deaths per hundred million vehicle miles traveled in 2022, higher than the national average of 1.35.
• While nationally about 0.63% of reported crashes were fatal in 2022, in Texas, this figure was slightly higher at 0.64%.

These comparisons underscore that Texas faces a disproportionate challenge with traffic fatalities compared to the nation as a whole.

Where are fatal accidents taking place in Texas?

Most fatal accidents take place on state and national highways in Texas. This is followed by interestate highways and farm-to-market roads.

In contrast, City Streets and County roads exhibit moderate fatality rates, indicating a lower but still significant number of accidents. Tollways consistently report the lowest fatalities, suggesting these routes are relatively safer, despite higher speeds.

US Highways are part of a network of national highways using the “U.S.” route designator. They generally connect major cities and can run in a state or through multiple states. These highways go directly through towns. You’ll typically see a national highway marker with a white shield on a black sign.

An interstate highway often has more lanes, higher speeds, and fewer exits, and those exits are to off-ramps rather than intersecting roadways. Interstate highway signs are typically a blue shield with a red top and the interstate number at the center. Even-numbered interstates run west to east, and odd-numbered interstates run north to south.

US Highways (Highest Incidence of Fatalities)

• Purpose: Connect cities and towns, serving as a secondary network to the Interstate System.
• Design: May have traffic signals, intersections, and direct property access.
• Examples: US-59, US-290.

Interstate Highways 

• Purpose: Designed for high-speed, long-distance travel across multiple states.
• Design: Limited-access roads with multiple lanes and no direct property access.
• Examples: I-35, I-10, I-45.

State Highways

• Purpose: Serve intrastate travel, connecting smaller towns and cities within a state.
• Design: Vary from two-lane roads to multi-lane highways, often with direct access.
• Examples: TX-6, TX-71.

Factors Contributing to Texas’s High Fatality Rate

Several elements may contribute to the frequent occurrence of fatal accidents in Texas:

• Vast Rural Road Network: Rural roads often have higher speed limits and fewer safety features, increasing the risk of fatal crashes. These roads may lack adequate lighting, guardrails, and signage, making them more dangerous, especially at night or in poor weather conditions.
• Higher Speed Limits: Some Texas highways have speed limits up to 85 mph, the highest in the nation. Higher speed limits can lead to more severe accidents because the impact force increases with speed. This also leaves less time for drivers to react to unexpected situations.
• Lower Seat Belt Usage: In some areas of Texas, seat belt use is below the national average. Seat belts are one of the most effective ways to prevent fatalities in a crash. Lower usage rates mean more drivers and passengers are at risk of being seriously injured or killed in an accident.
• Drunk Driving: Texas consistently ranks high in alcohol-impaired driving fatalities. Drunk driving significantly impairs a driver’s ability to operate a vehicle safely, leading to a higher likelihood of crashes. Texas’s large number of alcohol-related crashes contributes significantly to its fatality rate.
• Distracted Driving: With the prevalence of mobile devices, distracted driving remains a significant issue. Activities such as texting, talking on the phone, or using in-car technologies divert attention from the road, increasing the risk of accidents. Texas has implemented laws to curb distracted driving, but it remains a prevalent problem.

These factors combine to create a challenging environment for traffic safety in Texas, necessitating continued efforts to improve road conditions, enforce traffic laws, and promote safe driving behaviors.

Efforts to Reduce Fatal Accidents

Given the frequency of fatal accidents, Texas has implemented various initiatives:

• “End the Streak” Campaign: This initiative aims to raise awareness about daily traffic deaths in Texas. The campaign encourages drivers to commit to safe driving practices to end the streak of daily fatalities on Texas roads.
• Enhanced Enforcement: Increased policing efforts target speed limit violations and seat belt non-compliance. By focusing on these high-risk behaviors, law enforcement agencies aim to reduce the number of fatal accidents.
• Infrastructure Improvements: Texas has been focusing on improving road conditions, especially in high-risk rural areas. This includes adding safety features like better lighting, guardrails, and rumble strips to reduce the likelihood of accidents.
• Education Programs: Targeting young drivers, these programs promote safe driving habits through school-based initiatives and public awareness campaigns. These programs often include simulated driving experiences and the consequences of unsafe driving.
• Technology Integration: The state is also integrating advanced vehicle safety technologies, such as automatic emergency braking and lane departure warnings, to reduce the occurrence of accidents.

What Should You Do if You Lose Someone in a Car Accident?

As a resident of Texas or someone affected by a car accident, losing a loved one in such a tragic event can be devastating. In these situations, you may have the option to pursue a wrongful death claim to seek justice and compensation for your loss.

What is a Wrongful Death Claim?

A wrongful death claim is a legal action brought against a person or entity whose negligence or wrongful act caused the death of another person. In the context of car accidents, this could involve reckless driving, driving under the influence, or other negligent behaviors.

Who Can Bring a Wrongful Death Claim?

In Texas, specific family members are entitled to file a wrongful death claim. These include:

• The spouse of the deceased
• The children of the deceased (including adopted children)
• The parents of the deceased

If none of these relatives file a claim within three months of the death, the executor or administrator of the deceased’s estate may file, unless all of the eligible family members request that no wrongful death claim be brought.

Compensation in Wrongful Death Claims

Compensation in a wrongful death claim can cover a variety of damages, including:

• Funeral and burial expenses
• Medical expenses incurred prior to death
• Loss of the deceased’s income and potential future earnings
• Loss of companionship, care, and support
• Mental anguish and emotional suffering

Legal Support

Navigating a wrongful death claim can be complex, and it’s essential to have legal support to guide you through the process. At Varghese Summersett, we understand the profound impact of losing a loved one and are committed to helping families seek the justice and compensation they deserve.

If you’ve lost a loved one in a car accident, understanding your rights and the process of filing a wrongful death claim is crucial. This legal avenue allows you to hold the responsible parties accountable and secure financial support to help you through this difficult time. Consulting with a knowledgeable attorney can provide clarity and support as you navigate this challenging period.

R&B singer Chris Brown is embroiled in yet another legal controversy, this time facing a $50 million lawsuit for alleged assaults that occurred backstage at his recent concert in Fort Worth. It’s possible he and members of his entourage could also face criminal charges stemming from accusations they beat up four men backstage at Dickies Arena.

In this article, the criminal defense attorneys and personal injury lawyers at Varghese Summersett weigh in on the civil and criminal consequences Brown and his entourage could be forced to defend.

Background of the Chris Brown Lawsuit

On July 19, 2024, four men from Denton County – Larry Parker, Joseph Lewis, Charles Bush, and Da Marcus Powell – claim they were invited backstage along with about 40 other people after Chris Brown’s concert at Dickies Arena as part of his “11:11” tour. While backstage, the men claimed they were “brutally and severely beaten” by Brown and his entourage. They filed a lawsuit on July 22, 2024, in Harris County. According to the civil lawsuit:

• The plaintiffs were among a group of about 40 people invited to Brown’s VIP area after the show.
• When Charles Bush approached Brown to congratulate him on the performance, a member of Brown’s entourage reminded the singer of a previous conflict with Bush.
• Brown allegedly responded aggressively, leading to a violent altercation.
• The plaintiffs claim Brown “participated in and directed” the assault, which reportedly involved punching, kicking, and throwing chairs.
• The lawsuit also names Live Nation, the tour promoter, as a defendant, accusing the company of continuing to work with Brown despite his history of violent behavior and failing to ensure the safety of concert attendees.
• The lawsuit alleges that the assault was unprovoked and resulted in severe injuries to all four plaintiffs, with at least one requiring hospitalization.
• The men are seeking $50 million in compensatory and punitive damages, as well as a temporary restraining order against Brown and the other defendants.

The lawsuit describes the plaintiffs as “merely the latest victims in a long line of individuals who have suffered at Brown’s hands.”

Civil Liability in the Chris Brown Case

Based on the lawsuit filed against Chris Brown and others in Texas, there are several potential areas of civil liability:

1. Assault and Battery: The primary claim in this case is for assault and battery. Under Texas law, Brown and his entourage could be held liable for intentionally causing harmful or offensive physical contact with the plaintiffs.
2. Intentional Infliction of Emotional Distress: Given the nature of the alleged attack, the plaintiffs may have grounds for claiming emotional distress resulting from the incident.
3. Negligence: Live Nation, as the concert promoter, could potentially face liability for negligence if it’s found they failed to provide adequate security or take reasonable precautions to prevent such incidents
4. Premises Liability: Depending on the specific location of the alleged assault, the venue owners (Dickies Arena) might face liability for failing to maintain a safe environment for guests
5. Vicarious Liability: Brown could be held responsible for the actions of his entourage if they were acting under his direction or within the scope of their employment.

The lawsuit seeks $50 million in damages for various losses, including:

• Monetary losses
• Pain and suffering
• Disfigurement
• Mental anguish
• Past, present, and future medical expenses.

In Texas, the statute of limitations for personal injury claims is generally two years from the date of the incident. The plaintiffs have filed their lawsuit well within this timeframe.

Texas also recognizes the concept of joint and several liability, meaning that if multiple defendants are found liable, each can be held responsible for the full amount of damages, regardless of their individual degree of fault.

It’s worth noting that Texas follows a modified comparative fault rule. If the plaintiffs are found to be more than 50% responsible for their injuries, they may be barred from recovering damages. However, based on the allegations in the lawsuit, it seems unlikely that the plaintiffs would be found significantly at fault.

The plaintiffs have also requested a temporary restraining order to preserve evidence, which is a common legal strategy in such cases.

Given the high-profile nature of the case and the severity of the allegations, it’s likely to attract significant attention in the Texas legal system. The outcome will depend on the evidence presented and the specific facts proven in court.

Possible Criminal Charges in the Chris Brown Case

The Fort Worth Police Department is investigating the incident involving Chris Brown and his entourage. Multiple police reports have been filed regarding the alleged assault, and the police have confirmed that a report was made but have not provided further comments due to the ongoing investigation.

As experienced criminal defense attorneys, we can tell you that a number of charges could be possible, depending on the facts and circumstances of the case. Potential charges could include:

• Assault: Under Texas law, Brown and his entourage could face charges of assault, which is defined as intentionally, knowingly, or recklessly causing bodily injury to another person.
• Aggravated Assault: Given the severity of the injuries reported, including one victim being hospitalized, the charges could potentially be elevated to aggravated assault. This is particularly relevant if weapons (such as chairs) were used or if the injuries are serious.
• Disorderly Conduct: The incident occurring in a public venue could lead to charges of disorderly conduct.
• Criminal Mischief: If any property was damaged during the altercation, charges of criminal mischief could be added
• Unlawful Restraint: If the allegations about trapping one victim in a stairwell are proven, this could lead to charges of unlawful restraint

It’s important to note that the specific charges would depend on the evidence gathered by law enforcement and the discretion of the prosecuting attorney. The severity of the charges could be influenced by factors such as:

• The extent of the victims’ injuries
• The use of weapons (like chairs)
• The number of assailants involved
• Any prior criminal history of the accused.

It’s important to note that investigations of this nature can take time, especially when involving high-profile individuals. The police will likely gather evidence, interview witnesses, and consult with prosecutors before deciding whether to make any arrests or file criminal charges. As the investigation is ongoing, more information may emerge in the coming days or weeks that could potentially lead to arrests.

The current lawsuit is a civil matter, separate from any potential criminal proceedings.

Possible Defenses to the Chris Brown Case

Chris Brown and his entourage might employ several legal defenses in response to the $50 million lawsuit stemming from the alleged assault backstage at his Fort Worth concert. Here are some potential defenses that could be considered both civilly (and criminally if charges are filed.)

Self-Defense

One of the primary defenses Brown and his team might argue is self-defense. They could claim that the plaintiffs initiated the confrontation or posed a threat, necessitating a defensive response to protect themselves or others. This defense was previously used by Brown’s attorneys in a 2014 assault case, where they argued that Brown and his bodyguard were protecting him and his property from an aggressive fan.

Provocation

The defense might argue that the plaintiffs provoked the incident. If Brown’s team can demonstrate that the plaintiffs’ actions were provocative or threatening, it could mitigate the responsibility for the subsequent violence. This could involve presenting evidence or witness testimony suggesting that the plaintiffs’ behavior was aggressive or confrontational.

Lack of Involvement

Brown and his entourage might also argue that certain individuals named in the lawsuit were not involved in the assault. By distancing themselves from the actions of others, they could reduce their liability. This defense would require clear evidence showing that specific defendants did not participate in the alleged violence.

Questioning Credibility

Another potential defense strategy could involve questioning the credibility of the plaintiffs. Brown’s legal team might scrutinize the plaintiffs’ backgrounds, motives, and consistency in their accounts of the incident. This approach aims to cast doubt on the plaintiffs’ version of events and reduce the impact of their testimony.

Insufficient Evidence

Brown’s defense might argue that the plaintiffs lack sufficient evidence to support their claims. This could involve challenging the reliability of witness statements, the authenticity of any video or photographic evidence, and the medical reports documenting the injuries. By undermining the evidence, the defense could weaken the plaintiffs’ case.

Comparative Fault

The defense might also employ a comparative fault argument, suggesting that the plaintiffs share some responsibility for the incident. If the court finds that the plaintiffs were partially at fault, it could reduce the damages awarded. This defense would involve presenting evidence that the plaintiffs’ actions contributed to the altercation.

Denial of Allegations

Lastly, Brown and his entourage might simply deny the allegations, asserting that the incident did not occur as described by the plaintiffs. This defense would involve presenting an alternative narrative of the events, supported by witness testimony and other evidence, to counter the plaintiffs’ claims.

These defenses, individually or in combination, could form the basis of Brown’s legal strategy as he navigates this latest legal challenge. The outcome will depend on the strength of the evidence presented by both sides and the court’s assessment of the credibility of the witnesses and the facts of the case.

Chris Brown’s Previous Legal Troubles

Chris Brown is no stranger to the legal system. He has an extensive history of legal troubles and violent incidents. Here are some key points about his previous issues:

1. 2009 Assault on Rihanna: Brown pleaded guilty to felony assault for attacking then-girlfriend Rihanna before the Grammy Awards. He received 5 years probation and community service.
2. Multiple probation violations: Brown violated his probation several times, leading to revocations and additional community service hours.
3. 2013 Washington D.C. arrest: Brown was arrested for felony assault outside a hotel, later reduced to a misdemeanor.
4. Rehab issues: In 2013, Brown entered rehab for anger management but was kicked out for violent behavior. He was later diagnosed with bipolar disorder and PTSD.
5. 2016 standoff: Police responded to Brown’s home after a woman claimed he threatened her with a gun, leading to a 9-hour standoff and arrest.
6. 2018 assault allegation: Brown was arrested for an outstanding warrant related to allegedly punching a photographer in 2017.
7. Restraining orders: Brown’s ex-girlfriend Karrueche Tran obtained a restraining order against him in 2017.
8. Multiple altercations: Brown has been involved in various fights and confrontations, including incidents with Drake, Frank Ocean, and others.

Throughout his career, Brown has faced numerous legal issues related to assault, battery, and violent behavior, often resulting in arrests, court appearances, and damage to his public image.

Legal Analysis and Concluding Thoughts

Despite his previous legal troubles, Brown has managed to avoid major consequences such as prison time or significant financial penalties. This case presents a new set of challenges for him, with the potential for substantial civil damages and possibly criminal charges.

While it’s impossible to predict the outcome of this case, Brown’s legal team will likely use a combination of defenses to protect his interests. It remains to be seen how the court will assess the evidence and determine liability, but one thing is clear – this latest incident is another setback in Chris Brown’s tumultuous journey through fame and fortune. Overall, it serves as a reminder that actions have consequences, and even celebrities are not immune.

How to Get a Drug Possession Charge Dropped in Texas

A common question that comes up for criminal lawyers is whether we can get a drug possession charge dropped. While it is certainly true that prosecutors don’t like dismissing possession of controlled substance charges, the reality is there are many ways a drug case could be dropped. Some of these require the prosecutor’s acquiescence, while others are based on a failure of law enforcement.

Why You Should Listen to Us

Our attorneys have secured dismissals on numerous occasions in every manner described below. While we can’t guarantee every case has the type of weakness or set of circumstances that allow for a dismissal, we can assure you that we are exceptional at finding and leveraging every possible way to get a case dismissed. Further, our attorneys who are Board Certified in Criminal Law are experts in criminal law – a statement that less than 1% of attorneys in Texas can make.

Understanding Drug Possession in Texas

Before delving into dismissal strategies, it’s crucial to understand what constitutes drug possession in Texas. Drug possession in Texas refers to having care of, control over, or ownership of a controlled substance without a valid prescription. This can include illegal drugs like cocaine, heroin, or methamphetamine, as well as prescription medications that are not legally prescribed to you.

Texas classifies controlled substances into penalty groups, with varying punishments based on the type and amount of drug possessed. Penalties can range from misdemeanors for small amounts of less dangerous drugs to felonies for larger quantities or more serious substances.

How to Get a Drug Charged Dropped in Texas

Without further ado, let’s jump right into it. Here are the ways a drug charge might be dismissed in Texas:

• Illegal Stop

Law enforcement must have a valid reason, known as reasonable suspicion, to initiate a traffic stop or detain an individual. If the initial stop was unlawful, any evidence obtained as a result may be suppressed.

For example, if an officer pulls you over without observing any traffic violation or suspicious behavior, the stop could be deemed illegal. In such cases, your attorney may file a motion to suppress any evidence obtained during the unlawful stop, potentially leading to the dismissal of charges.

• Illegal Search

The Fourth Amendment protects individuals from unreasonable searches and seizures. For a search to be legal, police must either have probable cause, a valid search warrant, or your consent. If the search that led to the discovery of drugs was conducted illegally, the evidence may be inadmissible in court.

Common scenarios of illegal searches include:

• Searching your vehicle without probable cause or consent
• Searching your home without a warrant or exigent circumstances
• Exceeding the scope of a consensual search

If your attorney can prove the search was illegal, they may file a motion to suppress the evidence, which could result in the charges being dropped.

• Lack of Probable Cause in Search Warrant

Even if the police obtained a search warrant, it might be challenged if:

• The warrant lacked probable cause
• The warrant was not specific enough about the place to be searched or items to be seized
• The warrant was executed improperly (e.g., outside the specified time frame)

If the search warrant is found to be invalid, any evidence obtained through its execution may be suppressed.

• Franks Hearing

Sometimes, law enforcement officers may include false information in an affidavit to obtain a search warrant. If your attorney suspects this has occurred, they can request a Franks hearing.

Named after the U.S. Supreme Court case Franks v. Delaware, a Franks hearing allows the defense to challenge the truthfulness of statements made in the search warrant affidavit. If the defense can prove that the officer knowingly and intentionally, or with reckless disregard for the truth, included false statements in the affidavit, and that without these false statements, the affidavit would not support probable cause, the evidence obtained from the warrant may be suppressed.

• Motion to Suppress

A motion to suppress is a formal request to the court to exclude certain evidence from trial. This motion can be based on any of the reasons mentioned above, including an illegal stop, an unlawful search, or an invalid search warrant.

If the motion to suppress is granted and crucial evidence is excluded, the prosecution may be left with insufficient evidence to proceed with the case, often resulting in dismissal of charges.

• Lab Report

Field tests used by law enforcement to identify suspected illegal substances are known as presumptive tests. These tests can sometimes produce false positives, mistakenly identifying legal substances as illegal drugs. A presumptive test only indicates the possible presence of a particular substance. It is not conclusive and requires further testing in a laboratory for confirmation. Lab reports provide a more thorough and accurate analysis of the substance in question.

If a lab report contradicts the results of a presumptive test, showing that the substance in question is not actually an illegal drug, this could lead to the charges being dropped. We have also had instances where retesting the drugs showed a flaw in testing, an assumption made, or the weight of the drug. It’s crucial for your attorney to carefully review all lab reports and compare them to the initial presumptive test results.

• Inadmissible Statements

The Miranda warning is a crucial aspect of police procedure. If you are in custody and being interrogated, law enforcement must inform you of your right to remain silent and your right to an attorney. If they fail to do so and you make incriminating statements, those statements may be inadmissible in court.

Your attorney can file a motion to suppress any statements made while in custody if you were not properly Mirandized. If these statements were crucial to the prosecution’s case, their suppression could lead to the charges being dropped.

• Diversion Programs

Many jurisdictions in Texas offer diversion programs for first-time offenders or those charged with minor drug offenses. These programs aim to rehabilitate individuals rather than punish them. Examples include:

• Drug Court Programs: Intensive supervision and treatment programs that may last 12-18 months.
• First Offender Programs: Designed for individuals with no prior criminal history, often involving drug education and counseling.
• Pretrial Diversion: Allows defendants to complete certain requirements in exchange for having charges dismissed.

Successfully completing a diversion program often results in the charges being dismissed and, in some cases, the opportunity to have the arrest record expunged.

Specific Drug Diversion Programs in Dallas and Tarrant Counties

For those facing drug possession charges in the Dallas-Fort Worth metroplex, there are several diversion programs available in Dallas and Tarrant counties. These programs offer alternatives to traditional prosecution and can lead to charges being dropped upon successful completion. Here’s a list of known drug diversion programs in these counties:

Dallas County Drug Diversion Programs

• DIVERT Court (Dallas Initiative for Diversion and Expedited Rehabilitation and Treatment):
  • This program is designed for non-violent offenders with substance abuse issues.
  • It typically lasts 12-18 months and includes intensive supervision, treatment, and counseling.
• AIM (Achieve Inspire Motivate) Court:
  • Focused on young adult offenders (ages 17-25) with substance abuse problems.
  • Provides substance abuse treatment, education, and job training.
• STAR (Strengthening, Transition and Recovery) Court:
  • Specifically for women with substance abuse issues who have been victims of prostitution or sex trafficking.
  • Offers comprehensive services including addiction treatment, trauma counseling, and life skills training.
• First Offender Drug Program:
  • Available for first-time, non-violent drug offenders.
  • Typically involves drug education classes and community service.

Tarrant County Drug Diversion Programs

• Tarrant County Drug Impact Rehabilitation Enhanced Comprehensive Treatment (DIRECT):
  • A post-adjudication program for non-violent offenders with substance abuse issues.
  • Provides intensive supervision and treatment over 18-24 months.
• Tarrant County First Offender Drug Program:
  • Available for first-time, non-violent drug offenders.
  • Typically involves drug education, counseling, and community service.
• Mental Health Diversion Program:
  • While not exclusively for drug offenses, this program may be available for those with co-occurring mental health and substance abuse issues.
  • Provides mental health treatment and substance abuse counseling.
• Veterans Court Program:
  • Available for veterans with substance abuse or mental health issues.
  • Offers treatment, counseling, and support services tailored to veterans’ needs.

It’s important to note that eligibility for these programs can vary based on factors such as the specific charges, criminal history, and the discretion of prosecutors and judges. Additionally, program availability and details may change over time, so it’s crucial to consult with a local attorney for the most up-to-date information.

• Conditional Dismissals

While less common, especially for felony cases, conditional dismissals may be available for misdemeanor first-time offenses. These agreements typically involve the defendant meeting certain conditions set by the prosecutor, such as:

• Completing community service
• Attending drug education classes
• Submitting to regular drug tests
• Staying out of trouble for a specified period

If all conditions are met, the charges are dismissed. However, it’s important to note that these arrangements are more likely to be offered for minor, first-time offenses and are at the discretion of the prosecutor.

Why Who You Hire Matters

When facing drug possession charges in Texas, the attorney you choose can significantly impact the outcome of your case. Here’s why:

Experience

At Varghese Summersett, our experienced criminal defense attorneys focus on drug cases and are intimately familiar with local courts and procedures. We know the best strategies for each specific situation and how to navigate the complexities of the Texas legal system.

Past Results

Our track record of successfully defending drug possession cases demonstrates our ability to achieve favorable outcomes. This is also reflected in to 1,000+ 5-Star reviews we’ve obtained.

Ability to Spot Issues

Our skilled attorneys can identify potential legal issues that could lead to dismissal or reduction of charges. This includes recognizing illegal searches, procedural errors, or constitutional violations that a less experienced lawyer might overlook.

Negotiation Skills

Many drug possession cases are resolved through plea bargains or negotiations with prosecutors. Our attorneys have strong negotiation skills and may be able to secure a better deal, such as reduced charges or alternative sentencing options.

Knowledge of Current Laws and Trends

Drug laws and enforcement policies can change. Our attorneys stay current with legal trends and changes in drug policy to build an effective defense strategy.

Resource Network

At Varghese Summersett, we have a network of expert witnesses, private investigators, and other professionals we can call upon to strengthen your defense when necessary.

Understanding of Diversion Programs

Our knowledgeable attorneys are familiar with all available diversion programs and can advocate for your participation in these alternatives to traditional prosecution.

Facing a Drug Possession Charge? Contact Us.

While facing drug possession charges in Texas can be daunting, there are numerous strategies and legal avenues that could potentially lead to having the charges dropped or dismissed. From challenging the legality of the stop or search to pursuing diversion programs or conditional dismissals, our experienced criminal defense attorneys can navigate these options and work towards the best possible outcome for your case.

Remember, each case is unique, and the success of these strategies depends on the specific circumstances of your situation. If you’re facing drug possession charges in Texas, it’s crucial to consult with a qualified criminal defense attorney as soon as possible to explore your options and begin building your defense. We can help. Call 817-203-2220 for a consultation with a seasoned drug possession lawyer.