Rosales Law Firm Rosales Law Firm 2026-07-06T06:53:10Z https://www.rosaleslawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1404508/2024/10/cropped-Site_Graphic-32x32.jpg On Behalf of Rosales Law Firm <![CDATA[When a Texas DWI becomes a felony: Third offenses and intoxication assault]]> https://www.rosaleslawfirm.com/?p=254698 2026-05-21T11:54:10Z 2026-05-21T11:54:10Z What makes a third DWI a felony in Texas Texas law classifies your first and second DWI offenses as misdemeanors. A third conviction, however, becomes a third-degree felony. According to Texas Penal Code Section 49.09, you may face two to 10 years in prison and fines up to $10,000. Previous DWI convictions stay on your record forever. Prosecutors in El Paso can use them against you even if decades have passed. A felony conviction also takes away certain rights, including your ability to own firearms and vote while incarcerated.

When intoxication assault triggers felony DWI charges

Intoxication assault happens when you drive impaired and seriously injure someone else. Texas law classifies this as a third-degree felony with the same penalties as a third DWI. Serious bodily injury includes:
  • Permanent scars or loss of body function
  • Injuries that could have caused death
  • Long-term damage to any organ
Prosecutors do not even need to prove you meant to hurt anyone. Your impairment and the injury that resulted are enough for a conviction.

How felony DWI charges affect your future

A felony DWI conviction creates problems that last long after your sentence ends. Employers in El Paso run background checks and a felony can block you from getting professional licenses or many jobs. Landlords often reject renters with felony records, and you may lose access to federal student aid or public benefits. You will also face higher insurance costs, court fees and possible lawsuits from people you injured.

Why these cases require experienced legal help

Felony DWI cases involve complex evidence, including blood test results, accident reconstruction and medical records. A skilled lawyer can examine whether law enforcement followed proper procedures during your arrest and challenge evidence that may be unreliable. Legal representation becomes particularly critical when facing multiple DWI offenses, where the consequences reshape your entire future. Your freedom and reputation deserve more than hope, you need experienced legal representation.]]> On Behalf of Rosales Law Firm <![CDATA[Navigating custody issues amid domestic violence allegations]]> https://www.rosaleslawfirm.com/?p=254407 2024-09-19T13:03:18Z 2024-09-19T13:03:18Z play into custody determinations is essential.

How domestic violence affects child custody decisions

Domestic violence allegations raise serious questions about whether the child involved can be safe in the custody of the accused parent. Family courts take these allegations seriously because they’re required to prioritize the child’s best interests during custody determinations. In Texas, domestic violence charges automatically trigger heightened scrutiny in custody disputes. Suppose there is irrefutable evidence of a history of domestic violence; the accused parent may face several legal hurdles when seeking custody or parenting time rights. When courts evaluate domestic violence allegations in a child custody case, they often consider the severity of the alleged abuse. Family court may restrict or deny custody or parental time rights to the accused parent if there is evidence of:
  • Serious physical violence
  • Emotional abuse
  • Coercive control
Courts assess whether the alleged violence was an isolated incident or part of a pattern of abusive behavior. Suppose there is a history of domestic abuse; judges will consider whether the child has been directly harmed or exposed to domestic violence. Even if the child wasn’t directly involved, exposure to domestic violence can have long-lasting psychological effects. Therefore, it may still weigh against the abuser in custody determinations.

Legal presumptions in domestic violence cases

Domestic violence allegations create a legal presumption against awarding custody to the accused parent. This means that unless the accused parent can prove that awarding custody to them is in the child’s best interest, they may be denied custody. The accused parent must demonstrate that they have taken steps to address the violence, such as:
  • Completing anger management courses
  • Consistently undergoing therapy
  • Enrolling in domestic violence education programs
However, it’s important to note that a domestic violence charge doesn’t automatically mean the accused parent will lose all custody rights. Courts aim to balance the child’s need for a relationship with both parents, when safe and appropriate, with the need to protect the child from potential harm. Domestic violence charges can have a profound impact on custody and parenting time arrangements, and parents facing these allegations should seek legal help to navigate the complexities of the situation. For the accused parent, demonstrating behavioral changes and a commitment to providing a safe environment for the child is essential.]]> On Behalf of Rosales Law Firm <![CDATA[What is a fentanyl murder in Texas?]]> https://www.rosaleslawfirm.com/?p=254408 2024-09-18T21:09:10Z 2024-09-18T21:09:10Z The war on drugs in this country keeps shifting focus – and fentanyl is the latest drug to come under heavy legal scrutiny. Fentanyl is a synthetic opioid that is used in pain management for serious or terminal conditions, and it’s much more potent than morphine. What makes it particularly dangerous to the public is that it is frequently mixed with other drugs, like heroin, cocaine and counterfeit prescriptions, without the buyer’s knowledge. That can easily lead to overdoses and death.

Texas has cracked down on fentanyl dealers

In response to the rising number of fentanyl-related deaths, House Bill 6 was signed into law. This new law requires death certificates related to fentanyl overdoses to use either the term “fentanyl poisoning” or “fentanyl toxicity.” That essentially leaves room for the death to be considered a homicide, rather than a simple accidental overdose. Fentanyl, in essence, becomes the weapon used in the homicide. Someone who delivers drugs (whether for profit or not) to another person can be charged with fentanyl murder if the prosecution can prove:
  • Someone knowingly provided drugs with fentanyl to another 
  • The recipient died as a result of their use of the drugs
If someone is convicted of fentanyl murder in Texas, they can be fined up to $10,000 and sentenced to a prison term ranging between five and 99 years (or life in prison).  While supporters of this approach feel like the charges will be a deterrent against fentanyl sales, critics point out that drug addiction is a disease – not a criminal issue. That’s why the “war on drugs” has been largely ineffective. These kinds of charges could result in inequitable applications of the law and unreasonable prison sentences for addicts who simply deal a little to support their habit or even share their drugs with others. If you’re charged in relation to a fentanyl death, legal guidance is essential.  ]]> On Behalf of Rosales Law Firm <![CDATA[What is constructive possession in a criminal case?]]> https://www.rosaleslawfirm.com/?p=51037 2024-08-26T18:03:16Z 2024-08-26T18:03:16Z A common type of criminal charge is drug possession. Drug possession happens when a defendant is caught and charged with having illegal substances. This kind of charge can lead to fines and incarceration and severely harm a defendant's future education, housing and employment opportunities.  In some cases, a defendant will be charged for constructive possession. Constructive possession is a legal theory that suggests that a defendant has access to illegal substances. This is a complicated matter during a drug possession case. Here is what you should know: 

How might someone be tied to illegal substances: 2 examples

In a case where there is evidence that someone had reasonable knowledge of illegal drugs and could access them at any time, the defendant may be charged with constructive possession. Constructive possession is a hard concept to understand. These examples can help to explain how constructive possession works:
  • Sharing a car: A defendant may have let a friend use their car to pick up a prescription medicine. The next time the defendant drove their car, they found their friend’s prescription left behind. During a traffic stop, the police may find the prescription and see that it is under a different name than the defendant. As a result, the defendant may face drug possession because there was a prescription drug in the vehicle. 
  • Sharing a locker: A defendant may use their friend’s locker at the gym. The friend is known to use illegal steroids. If the locker was searched and the steroids were found, the defendant may face constructive possession charges because they could access the locker. 
Understanding your legal rights during a drug possession charge can help mitigate penalties. You can reach out for legal help to learn more. ]]> On Behalf of Rosales Law Firm <![CDATA[The risk of pleading guilty to a Texas DWI charge]]> https://www.rosaleslawfirm.com/?p=51032 2024-08-22T11:35:50Z 2024-08-22T11:35:50Z The courts can hand down major penalties One common reason people give for pleading guilty to a crime they did not commit is an expectation of lenience. They think that the courts may treat them more kindly if they are cooperative. However, they are at risk of whatever penalties the courts decide to impose based on Texas law. Even a first DWI offense can lead to up to $2,000 in fines and as long as 180 days in jail. A second DWI carries a minimum jail sentence of a month but could lead to up to a year in state custody. There is also the risk of a fine of up to $4,000 and of a two-year license suspension. There is never any certainty that the sentence won't include incarceration or the maximum fine possible just because the defendant entered a guilty plea.

The record of the crime can follow them for life

A guilty plea is also dangerous because it leads to a criminal record. A first or second DWI without aggravating factors is typically a misdemeanor offense. However, aggravating factors and repeat offenses might lead to a felony DWI. The record of the conviction may show up anytime outside parties like employers or landlords perform background checks. A DWI can hold someone back from opportunities for years to come after they plead guilty. The best solution for many people facing impaired driving charges is to review the state's case and plan a defense strategy. Fighting back against DWI charges can help people avoid criminal penalties and a criminal record. There are many different ways for people accused of impaired driving to raise questions about whether they actually broke the law or not.]]> On Behalf of Rosales Law Firm <![CDATA[How to respond to a gaslighting spouse]]> https://www.rosaleslawfirm.com/?p=51030 2024-08-13T12:02:46Z 2024-08-13T12:02:46Z It’s difficult to go through a divorce under any circumstances, but it can be especially difficult if your spouse is prone to gaslighting. Gaslighting is a form of emotional or psychological manipulation where one person tries to make another question their own reality, memories or perceptions. It’s often used by abusive partners to maintain control in a relationship – and it tends to ramp up even harder when their control starts to fade. By asking for a divorce, you may trigger a gaslighting spouse into overdrive.  So, how do you cope and keep your own grip on your mental and emotional well-being? Here are some tips:

Recognize the signs of gaslighting

You have to know how to spot gaslighting to respond to it appropriately. Common tactics include:
  • Denial of facts: Your spouse may deny things that you know happened or insist that you did things you know you did not
  • Minimization: If your spouse does acknowledge something happened, they may tell you that you’re too sensitive or merely overreacting
  • Blame-shifting: You spouse will try to flip a situation around and claim that you are the one who is at fault for every situation
Gaslighting is designed to make you doubt yourself, so you have to stay grounded in your own reality. If necessary, write things down after they happen so that you have a reference you can go back to and read if you start to feel unsure.

Respond calmly and clearly

Responding with a ton of anger and emotion can actually make you more vulnerable to your spouse’s manipulations. They may even use your reaction to prove that you’re irrational or unstable. Instead, try to stay calm and respond with statements like,
  • “I understand what you are saying, but I do not agree with you.”
  • “I do not have the same recollection of events that you have.”
  • “My feelings are not up for debate. They’re my feelings.”
  • “I have said no several times. I will no longer engage in this conversation.”
Finally, it can help to seek legal guidance as quickly as possible when you’re in this situation. A dispassionate voice can help you retain your peace despite the divorce.]]> On Behalf of Rosales Law Firm <![CDATA[Types of controlling behavior in a marriage ]]> https://www.rosaleslawfirm.com/?p=51026 2024-08-05T11:47:56Z 2024-08-05T11:47:56Z Any relationship is about give and take. Partners must retain some independence, but respect each other's needs and boundaries. Sadly, some relationships can take a toxic turn. This can happen when one partner displays coercive and controlling behaviors. What do these behaviors look like? 

Conditional love 

Love between spouses should be unconditional. Attaching conditions to affection is a subtle sign of controlling behavior. For example, saying something like, “You’d be so much more attractive to me if you wore more makeup”. Repeated comments of this nature could be a form of controlling behavior and they may even cross the line into emotional abuse. 

Cutting you off from friends and family

While couples should enjoy spending time together, this may not be healthy 24/7. Each partner should have their own friends, hobbies and activities. In some cases, a spouse may try to cut their partner off from other people. They may prevent them from going to groups that they previously enjoyed. They may even ban family members from visiting. 

Snooping or spying 

There is a big difference between asking a spouse how their day was and asking for every single minute detail. If your partner wants to know exactly who you spend your time with each minute of every day, then this is controlling behavior.  A controlling spouse will often look through their partner’s cell phone texts, emails, social media pages and other private accounts. Snooping and spying is a sign of jealousy, and it can signal that the relationship is in real trouble.  If your marriage has become toxic, then getting out of there may be your best option. Seek legal guidance to ensure that you are fully protected throughout the divorce process.    ]]> On Behalf of Rosales Law Firm <![CDATA[What are the potential consequences of a domestic violence conviction?]]> https://www.rosaleslawfirm.com/?p=51024 2024-07-22T12:54:25Z 2024-07-22T12:54:25Z Criminal consequences A first-time domestic assault charge is a Class A misdemeanor under current Texas laws. If a defendant pleads guilty or gets convicted, the penalties possible include up to $4,000 in fines and a year in jail. Those facing a second or subsequent charge could face third-degree felony charges. The penalties possible include between two and 10 years in prison and as much as $10,000 in fines. In cases involving a deadly weapon or severe bodily injury. Such cases involve second-degree felony charges. The penalties possible include between two and 20 years in prison and a $10,000 fine. In particularly severe cases, the state can pursue first-degree felony charges that lead to between five and 99 years in prison.

Social consequences

A domestic violence conviction can follow someone for life. It can affect their career development or eligibility for higher education opportunities. Even landlords may avoid renting to those with a history of domestic violence. In cases where allegations of domestic violence occur prior to a divorce or in a shared custody scenario, there can be even more concerning consequences. Family law judges do sometimes consider allegations of interpersonal violence when allocating parental rights and responsibilities. Someone who loves their children might receive less time with them because of a prior guilty plea. There are many potential defense strategies that can help people avoid a domestic violence conviction. Responding assertively to pending charges often leads to a better outcome than pleading guilty to keep a matter out of court.]]> On Behalf of Rosales Law Firm <![CDATA[What does commingling mean?]]> https://www.rosaleslawfirm.com/?p=51021 2024-07-18T17:14:55Z 2024-07-18T17:14:55Z When couples are going through a divorce and splitting up their marital assets, they may still have separate assets from before the marriage. For instance, a husband may have saved up $100,000 before he even married his wife, and he considers this his personal fund. He doesn’t want to have to split it up, giving his wife $50,000 in the divorce. In many cases, this hypothetical husband would be correct. If he brought that money to the marriage, it is initially a separate asset. It’s important to carefully consider how he used that money after the marriage, though, or where he stored the money. In some cases, it can become commingled, which means that it has been mixed together with other marital assets. If this happens, a separate asset can become a marital asset.

How could this occur?

Let’s look at two examples of how this could take place. First off, say that the husband invested the $100,000 in the couple’s shared investment portfolio. They both had access to it and they were both benefiting as that investment portfolio generated more marital wealth. This could mean that the initial money that seeded the portfolio is also a marital asset and both people now own it. Another example could be if the couple used the money to purchase a major asset. Maybe they spent the money when buying a house. They are now planning to sell the house and split up the earnings as part of the property division. But the husband likely cannot claim that he should get his $100,000 back. By putting it into the home that he owned with his wife, he turned it into a marital asset. These examples help to show some of the complications of property division and why it’s so important to understand your legal options.  ]]> On Behalf of Rosales Law Firm <![CDATA[4 factors in a drug possession case]]> https://www.rosaleslawfirm.com/?p=50999 2024-07-02T07:36:48Z 2024-07-02T07:36:48Z Drug possession is a serious crime. People can face high fees and long prison sentences for possession of an illicit substance. Not every drug possession sentence is the same. Certain factors can influence the severity of a drug possession case. Here is what you should know:

1. The schedule of the substance

To regulate drugs, the Controlled Substances Act categorizes substances into schedules. Schedules decide whether a drug can be purchased by consumers, prescribed by doctors or restricted from use. For comparison, a Schedule I drug can include peyote and a Schedule V drug can include cough drops. Possession of a higher-scheduled drug can lead to harsher criminal charges. 

2. The quantity of the drug in possession

Alongside a drug’s schedule, the quantity of a substance can decide the severity of a criminal sentence. Large quantities of illegal drugs can lead to harsher punishments. Yet, possession of a small quantity of a high-scheduled drug can lead to extreme repercussions. 

3. The intended use of the drug

Not everyone is in possession of an illicit drug for the same reasons. Some people possess illegal substances for recreational use. Others may have illegal drugs because they intend to sell or traffic them. The difference in drug use can decide the severity of a criminal punishment.

4. The suspect’s criminal record

The final sentence for drug possession can hinge on a suspect’s criminal record. First-time convictions are frequently softer than second or third convictions. A follow-up drug conviction can lead to harsh punishments. If you have been charged with a drug offense, it’s important to gather as much legal information as possible. ]]>