Some Potential Consequences of Criminal Cases or Criminal Allegations in Texas

By: Guillermo Flores, Attorney, Legionnaire Law Firm, PLLC.

IMPORTANT: Please read the DISCLAIMER at the bottom of this blog prior to reading this blog.

This blog mentions some potential consequences of arrests, criminal charges, convictions, or even allegations of some crimes or offenses in Texas. However, there are numerous other potential consequences under both Texas law and federal law not mentioned here. Thus, it is important to understand and note that every case, legal matter, legal proceeding, or situation is different, unique, has different circumstances, and requires custom legal advice from a competent attorney.

In general, arrests, charges, convictions, or even mere allegations of crimes involving felonies or family violence (or domestic violence) in Texas can potentially affect a person’s life in several ways. These are serious offenses. Therefore, potential defendants, actual defendants, and their criminal defense attorneys should take these offenses (or alleged offenses) seriously. Simply put, there is a risk of direct and collateral consequences. In general, some of these consequences may affect a person’s life in numerous ways, including but not limited to: loss of freedom due to incarceration, immigration status (immigration law can be complex and thus, an accused or defendant who is not a U.S. citizen should consult with an immigration attorney),1 federal health care programs,2 ability to possess firearms (see below), family relations (see below), ability to qualify as an executor or administrator of a person’s estate,3 property,4 current or future employment (criminal background searches or reports),5 professional licenses,6 student loans or grants,7 lose the right to vote,8 serve on a petit jury or grand jury,9 Veteran’s benefits,10 parole eligibility, or enhancement of future criminal offenses.11

As previously indicated, this blog only mentions some potential consequences (in general); however, it is important to understand that there are many more other potential consequences, depending on the particular offense or circumstances. In addition to some of the potential consequences listed above, there are other potential consequences or circumstances that must be considered by persons who are accused or charged with a crime involving a felony or family violence (domestic violence). For example, possession of firearms and family relations are something to take into consideration (among other things).

Possession of Firearms

A person’s ability to possess firearms could be restricted as a result of some criminal convictions. This blog merely provides some general examples; however, there may be more provisions or laws restricting a person’s eligibility to possess firearms under Texas law or federal law. Generally speaking, under Texas law, a person who has been convicted of a felony may not possess a firearm after the conviction and before the fifth anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later.12 Additionally, under Texas law, persons who have been convicted of a felony may not possess firearms (after the period stated above), at any location other than the premises at which such person lives.13 Moreover, under Texas law (another example), a person who was convicted of an assault punishable as a Class A misdemeanor against a family member or against a person from the same household (family violence or domestic violence), may not possess a firearm before the fifth anniversary of the later of: (1) the date of the person’s release from confinement following conviction of the misdemeanor; or (2) the date of the person’s release from community supervision following conviction of the misdemeanor.14 These are offenses that are located in the Texas Penal Code, which are known by Texas criminal defense lawyers.

In addition to Texas law, there can be restrictions under federal law. For example, federal law makes it unlawful for any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year, or for any person who has been convicted in any court of a misdemeanor crime of domestic violence (among other provisions) “to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”15

Federal law (another example) also prohibits persons to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce, if such persons are under an indictment for a crime punishable by imprisonment for a term exceeding one year.16 Moreover, federal law prohibits gun possession by individuals subject to domestic protective orders.17

Family Violence Offenses Can Potentially Affect Family Relations

Family violence or domestic violence allegations or convictions (or even deferred adjudication), can potentially affect a person’s family relations or family law proceedings. For example, by citing the Texas Family Code, the Dallas Court of Appeals stated in a memorandum opinion that a “trial court [is] required to consider family violence finding in proceeding[s] regarding parent-child relationship or spousal maintenance.”18 Simply put, Texas law requires courts to consider the commission of family violence in making child-custody determinations.19 Additionally, in regards to child custody in Texas, although there is a rebuttable presumption that the appointment of both parents of a child as joint managing conservators (joint custody) is in the child’s best interest, a finding of a history of family violence involving the parents of the child removes this presumption.20 Thus, accusations, allegations, or charges of family violence (or domestic violence) or findings of family violence can be very serious when it comes to family relations.

Additionally, in determining child-custody or child visitation (or possession), courts must consider evidence of intentional use of abusive physical force by a person directed against the person’s spouse, a parent of the child, or any person younger than 18 years of age and they also have to consider the commission of family violence (among other things).21 In regards to spousal maintenance (spouse support) proceedings (including spousal maintenance proceedings in suits for dissolution of marriage, i.e., divorce), courts also consider if a person from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense involving family violence, to determine eligibility for spousal maintenance (among other considerations).22 Moreover, a court that determines that a spouse is eligible to receive spousal maintenance from the other spouse is required to consider all relevant factors, including any history or pattern of family violence, to determine the nature, amount, duration, and manner of periodic payments.23

In conclusion, allegations, arrests, charges, and convictions of crimes or offenses involving felonies or family violence (domestic violence) in Texas are serious because they can potentially affect a person’s life or way of living in many ways. As such, a person accused of a felony, family violence, domestic violence, or any other crime or offense in Texas, should immediately consult with a Texas criminal defense attorney. Given what is at stake, these allegations and offenses must be taken seriously by persons who are accused of a felony or of a crime involving family violence (or domestic violence) and by their Texas criminal defense attorney.

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1 See generally Padilla v. Kentucky, 559 U.S. 356, 356 (2010); see also e.g., Loch v. State, 621 S.W.3d 279, 284 n.1 (Tex. Crim. App. 2021) (“Under federal law, ‘any alien who is convicted of an aggravated felony at any time after admission is deportable’ . . . [f]urther, ‘any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.’”) (quoting 8 U.S.C. § 1227(a)(2)(A)(ii), (iii)); see also 8 U.S.C. § 1101(a)(43) (defining "aggravated felony"); see also e.g., 8 U.S.C. § 1227(a)(2)(A)(i) (crimes of moral turpitude), 8 U.S.C. § 1227(a)(2)(E)(i) (“Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable.”), 8 U.S.C. § 1227(a)(2)(B)(i) (controlled substances). Defendants (or potential defendants) who are not U.S. citizens should consult with a competent immigration attorney who understands immigration laws in connection with offenses or crimes.

2 See generally e.g., 42 U.S.C. § 1320a-7(a) (exclusion of some individuals and entities from participation in certain federal health care programs for felony convictions relating to some controlled substances or health care fraud).

3 See Tex. Est. Code § 304.003(a)(2); but see id. § 304.003(b).

4 E.g., Tex. Code Crim. Proc. Arts. 59.01(2), 59.02(a) (property that is contraband).

5 Many employers or future employers conduct background searches on employees or potential employees.

6 See Mitschke v. State, 129 S.W.3d 130, 135 (Tex. Crim. App. 2004) (“there are a number of direct consequences of a plea of guilty, such as . . . ineligibility for certain professional licenses”); see also e.g., Tex. Occ. Code § 53.021(b) (“A license holder’s license shall be revoked on the license holder’s imprisonment following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision.”).

7 See e.g., 20 U.S.C. § 1091(r).

8 See e.g., Mitschke, 129 S.W.3d at 135 (“there are a number of direct consequences of a plea of guilty, such as the loss for a period of years of the right to vote”); see also e.g., Tex. Elec. Code § 11.002(a)(4).

9 See Tex. Gov’t Code § 62.102(8)-(9) (disqualifications for jury service based on convictions of misdemeanor theft or felony, or under indictment or other legal accusation for such offenses); see also Tex. Code Crim. Proc. Art. 19A.101(a)(7)-(8) (disqualifications to be selected or serve as a grand juror based on convictions of misdemeanor theft or felony, or under indictment or other legal accusation for such offenses); Tex. Code Crim. Proc. Art. 35.16(a)(2)-(3) (listing challenges for cause to a juror based on conviction of misdemeanor theft or felony, or under indictment for such offenses).

10 See e.g., 38 U.S.C. §§ 5313, 5313B(a).

11 See e.g., Tex. Penal Code § 22.01(b)(2)(A); see also e.g., Wilson v. State, Nos. 05-10-01207-CR, 05-10-01208-CR, 05-10-01209-CR, 05-10-01210-CR, 05-10-01211-CR, 05-10-01212-CR, 05-11-00087-CR, 2012 Tex. App. LEXIS 2192, at *10-11 (Tex. App.—Dallas Mar. 21, 2012, no pet.) (“any subsequent offense involving family violence will be enhanced to third degree felony”) (citing Tex. Penal Code § 22.01(b)(2)(A)).

12 See Tex. Penal Code § 46.04(a)(1).

13 See id. § 46.04(a)(2).

14 See id. § 46.04(b).

15 See 18 U.S.C. § 922(g)(1), (9).

16 See id. § 922(n).

17 See e.g., Webb v. Schlagal, 530 S.W.3d 793, 809 (Tex. App.—Eastland 2017, pet. denied) (“Congress had a substantial and compelling government interest to decrease domestic violence when it enacted Section 922(g)(8) of Title 18 of the United States Code, which disallows gun possession by individuals subject to domestic protective orders.”) (emphasis added) (citing United States v. Lippman, 369 F.3d 1039, 1044 (8th Cir. 2004)); Arnett v. State, No. 01-18-00859-CR, 2019 Tex. App. LEXIS 10764, at *13 (Tex. App.—Houston [1st Dist.] Dec. 12, 2019, pet. ref'd) (federal law prohibits gun possession by individuals subject to domestic protective orders) (citation omitted).

18 Wilson v. State, LEXIS 2192, at *11 (mem. op., not designated for publication) (citing Tex. Fam. Code § 153.004(c)); see also Tex. Fam. Code § 153.004(c) ("The court shall consider the commission of family violence . . . in determining whether to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory conservator.").

19 See Ex parte Flores, 130 S.W.3d 100, 105 (Tex. App.—El Paso 2003, pet. ref’d) (citing Tex. Fam. Code § 153.004).

20 Tex. Fam. Code § 153.131(b).

21 See generally id. § 153.004.

22 See id. § 8.051(1) (Eligibility for Spousal Maintenance).

23 See id. § 8.052(11).

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