San Antonio Criminal Defense Blog

When arrested in Texas, a person faces misdemeanor or felony charges. What determines the charge, and what are the differences? Federal and state guidelines dictate what crimes fit the category, and while initially charged under one, a charge may move to another.

Facts of a crime determine whether it is a misdemeanor or a felony. You should know some of the basics of both.

Larceny may be thought of as a form of theft or its own crime depending on where the crime is committed. As a general rule, larceny is the act of taking someone else's property in Texas without obtaining permission or using force to get it. Other elements of larceny including walking away with an item and doing so with the intent to deprive the property owner.

In some cases, taking possession of an unmovable item is enough to satisfy the carrying away element. It is important to note that if property is taken away for any lawful reason, it is not larceny. For instance, if a lender repossess property, that is not a crime. The same could be true if a person had permission to borrow or otherwise use an item. If an individual was removing his or her own property from another location, that also would not qualify as larceny.

A 59-year-old Texas man has been sentenced to two consecutive terms of life imprisonment plus 20 years for helping to run a violent motorcycle gang involved in drug trafficking. The sentences were handed down by a federal judge on Sept. 22. During a three-month-long trial that concluded in May, prosecutors convinced a jury that the man committed his crimes while acting as the Bandidos Outlaw Motorcycle Organization's national vice president.

Prosecutors told the jury that the man ordered Bandidos members to commit crimes including intimidation, assault, extortion, robbery and murder to increase the organization's influence and extend its reach. The police investigations into the gang's activities intensified in 2006 when a man who had been recruiting members for the Hells Angels motorcycle gang was found murdered. Investigators say that the man ordered the killing during a motorcycle gang turf war. He was also linked to a 2002 revenge killing.

Texas residents have likely heard many stories about gifted young athletes who placed their promising and lucrative careers in jeopardy by getting behind the wheel after drinking or taking drugs. The latest story involves a Los Angeles Rams practice squad player. Media reports indicate that the player was taken into custody by police in California on the evening of Sept. 16 after a breath test allegedly revealed his blood alcohol concentration to be .17 percent. This is more than double the .08 percent legal driving limit in California.

The chain of events that ended with the player's detention began when officers from the Simi Valley Police Department were dispatched to the area of Sinaloa Road and Royal Avenue to investigate reports of a possible drunk driver. According to the SVPD, several individuals had called 911 about a vehicle being driven recklessly that had struck several objects including mailboxes, trashcans and a bus stop sign. Officers say that they observed and pulled over the vehicle in question a short time later on El Monte Drive in the vicinity of El Lado Drive.