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Many people think of assault as being an assault directly on a person, when in reality it may be defined in a different manner depending on the actual facts of the case.

Each case that carries a charge of assault will be different depending on the facts of the case. So before you contact a lawyer to assist you with your case, make sure you know specifically for what you are charged. Knowing this will make your lawyer’s job a lot easier. For instance, depending on how the case is charged, the penalties may range (without mitigation or other intervening circumstances) from 180 days up to 4 years in the hoosegow, depending on the facts of the case.

It’s safe to say that, technically speaking, assault is a crime against a person or persons. Yes, this is pretty vague, but once the case gets to court, the judge will usually expand the definition so the jury (if there is a jury trial) understands the case at bar. For instance, if the charge is assault (bodily contact) on a person without their consent, it is indeed assault. However, having said that, any violent act toward another individual without consent (the defining element) is also assault.

Often the terms assault and battery are partnered up, however, more often than not, battery is really a different kind of assault in a category of its own. In order to distinguish the differences as it pertains to what you are charged with, it’s wise to speak to a highly skilled criminal defense attorney. Give your attorney all the details, holding nothing back, and let them outline what options you may have for the charges you’re facing.

Having a highly skilled criminal defense attorney on your side is a good thing and it may mean a mitigated sentence. Once the attorney has the details of your charges they may be able to offer several options for handling your case – get the charges dropped, reduced, thrown out of court or possibly negotiated into an alternative justice program. The choices of course are ultimately yours once you have consulted with your attorney.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

There are plenty of fish in the sea of white-collar crime, ranging in size from small to whoppers, but it’s not always that easy to catch the big ones.

It used to be that white-collar crime was an occasional, rather unusual kind of event, that people found shameful. Now, with the advent of the computer and other high tech software, programs, etc., the whole landscape of white-collar crime has changed. Computers have made things much easier for those with a criminal mind to fiddle with the books and other things.

Despite the fact that white-collar crime seems to be easier to commit, those who commit it are, by law, entitled to a well thought out criminal defense. They must be accorded that benefit of the doubt, as it is a very basic law of the Constitution that those who stand accused of crimes must be considered to be innocent until they are proven guilty.

White-collar crimes are mostly non-violent and usually involve the use of deception or trickery by a person who is in a position of trust and authority. What usually makes a white-collar crime slightly easier to track is the presence of a paper trail, or an electronic trail that investigators follow to the eventual “end” with the smoking gun. The problem is that just because a certain smoking gun may be an executive’s computer, it does not prove it was “that” executive who committed the trickery.

Further controversy swirls around the actual definition of white-collar crime, with many advocating that it should be defined by the status or occupation of trust the offender has. On the other hand, there is another school of thought that feels white-collar crime needs to be delineated by the offense committed – e.g. racketeering, perjury, computer fraud, etc. Actually, the bottom line would not be the definition of the crime, but whether or not the accused has access to a good criminal defense lawyer.

White-collar crime has nowhere to go but up, thanks to the Internet, which has created a whole new playground for economic crimes to be perpetrated. Apprehension in these instances is usually quite difficult, and proving a particular person is guilty becomes a whole different proposition. If you feel you have been wrongly accused of a white-collar crime, or are about to be charged with one, contact a criminal defense lawyer with experience in this area. That one phone call may keep you out of jail.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

Texas takes its commitment of prosecuting drug traffickers very seriously with a variety of punishments that suit the severity of the crime.

Drug trafficking is also called the illegal drug trade and it’s considered to be a serious offense in Texas if someone is caught doing what comes naturally for drug traffickers. The broad definition of “illegal drug trade” is more than just trafficking. “It pertains to growing, selling and distributing any type of illegal drugs,” explained Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

Note the use of the term “any” when referring to the kinds of drugs that are chargeable under Texas laws. “What this really means is that charges are most often dealing with large amounts of drugs,” indicated Wannamaker. If any of these drugs in question has been muled over the border, the penalties increase, not to mention the fact if there are priors in drug related offenses, the court isn’t going to be very lenient if there is a conviction.

Texas is riding herd on drug traffickers and there is one thing we should never forget – people’s rights under the U.S. Constitution. “I’m a criminal defense attorney because I am passionate about people having their rights and freedoms protected,” said Wannamaker.

“Just because someone is charged with a drug offense doesn’t always mean they are guilty. We need to remember the basic foundation of criminal law – Innocent until proven guilty,” said Wannamaker, of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

It doesn’t take a rocket scientist to see that drug use and abuse is on the rise in the U.S. Drug-related crimes are on the increase and the U.S. Congress responded by enacting laws to make more drug-related activities chargeable crimes.

“I’m honestly not sure if making more things that are drug-related into criminal acts is the best way to solve the drug problem, as usually it is linked to personal issues, not the drug itself. In other words, addict’s problems generally started before taking drugs, and then get worse after starting drugs,” opined Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

The drug doesn’t cause the addiction, the personality who takes drugs is already pre-disposed to having addictive behaviors and if it wasn’t drugs, it may be alcohol, gambling, sex or work addictions. In addition, making more laws means more police, more enforcement, more chances for the miscarriage of justice and even greater opportunities for the abuse of human rights under the Constitution.

Think about this as well. “Where will the money for more law enforcement come from when the nation’s deficit is staggering and we’re currently in a nasty recession?” questioned Wannamaker. While it’s a nice gesture to make people think that more aggressive laws and more police on the streets will address the drug problem, the fact is the drug problem has been with us for years. “We’re only seeing more of it thanks to the drastic downturn in the economy,” Wannamaker pointed out.

These days what is illegal and how strict the penalties are for being caught vary from state to state. “It’s a given that things like marijuana, ecstasy and LSD are illegal, but so is taking prescription drugs without a prescription,” added Wannamaker. Yes, there’s a booming business through drug traffickers for prescription drugs, including some highly recognizable painkillers such as Oxycontin, Codeine and Dilaudid.

It’s not just using the drug that is illegal; even possessing certain drugs is considered to be a criminal offence. “Then there is also the offense of trafficking as well,” said Wannamaker. In all of this rush to codify having drugs, using drugs, selling drugs and importing drugs, an important factor usually gets overlooked, either through carelessness or intentionally. “That factor is the right of the person charged to be regarded as innocent until proven guilty,” insisted Wannamaker who knows this fact all too well since he is a board certified criminal defense lawyer.

“We cannot, as a nation, override people’s constitutional rights and assume they are automatically guilty of a crime if they had some “weed” or whatever in their possession. Things are not always what they appear to be, and that is why we have criminal defense attorneys – to defend people’s inalienable rights,” said Wannamaker.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

The broad definition of “illegal drug trade” is more than just drug trafficking. “It pertains to growing, selling and distributing any type of illegal drugs,” explained Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

We should never forget people’s rights under the U.S. Constitution. “I’m a criminal defense attorney because I am passionate about people having their rights and freedoms protected.”

“Just because someone is charged with a drug offense doesn’t always mean they are guilty. I do not give up until my client has an equitable disposition for the their criminal charge,” said Wannamaker, of Wannamaker and Associates, an Austin, Texas, law firm.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamkerlaw.com.

“I’m not sure if making more issues that are drug-related into criminal acts is the best way to solve the drug problem. Addict’s problems generally started before taking drugs, and then got worse after starting drugs,” opined Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm.

In addition, making more laws means more police, more enforcement, more chances for the miscarriage of justice, and even greater opportunities for the abuse of human rights under the Constitution.

“Where will the money for more law enforcement come from when the nation’s deficit is staggering and we’re currently in a nasty recession?” questioned Wannamaker. The fact is the drug problem has been with us for years. “We’re only seeing more of it thanks to the drastic downturn in the economy,” Wannamaker pointed out.

“Things like marijuana, ecstasy and LSD are illegal, but so is taking prescription drugs without a prescription,” said Wannamaker. Yes, there’s a booming business through drug traffickers for prescription drugs, including some highly recognizable painkillers such as Oxycontin, Codeine and Dilaudid.

“There is also the offense of trafficking as well,” said Wannamaker. In all of this rush to codify having drugs, using drugs, selling drugs and importing drugs, an important factor usually gets overlooked. “That factor is the right of the person charged to be regarded as innocent until proven guilty,” insisted Wannamaker who knows this fact all too well since he is a board certified criminal defense lawyer.

“We cannot, as a nation, override people’s constitutional rights and assume they are automatically guilty of a crime if they had some “weed” or whatever in their possession. Things are not always what they appear to be, and that is why we have criminal defense attorneys – to defend people’s inalienable rights,” said Wannamaker.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamkerlaw.com.

Not a lot of people truly appreciate the differences between a civil and a criminal case. This is largely due to the fact that most of the cases making the media, or are portrayed on TV, are criminal cases.

Very few civil cases, with the possible exception of some of the big headliners recently, garner much interest simply because they are not as juicy as a criminal case. Big criminal cases often have a following of “groupies” that will show up in droves at a courtroom so they may watch the drama unfold.

While you might think the cases aren’t that different, in actuality, they are quite diverse. Verdicts and rulings are areas in which you will see a significant difference. Defendants in criminal trials have a lot of things at stake, not the least of which may be their freedom. Criminal trials may also result in some serious types of punishment.

With crimes there are two categories, the felonies (with severe punishments) and the misdemeanors (less severe punishments.) For instance, first-degree murder may receive life without parole or death, depending on which state the crime was committed, etc. On the other hand, generally speaking, misdemeanor charges may result in fines, probation, community service, and/or jail time, etc.

In civil cases, the question isn’t so much culpability, but liability. These cases deal mostly with issues involving personal injury, contract disputes, real estate squabbles, and divorces. The plaintiff sues the defendant to complain of a wrong that was done to them.

In a civil case, the plaintiff is responsible to build a case to show a civil wrong. Getting a verdict in a civil case doesn’t require meeting the same high standards as criminal cases. In civil cases, all the plaintiff has to do is convince the jury it was reasonably possible the defendant was responsible for the complaint. The burden then shifts to the defendant to prove they are innocent.

This is just the tip of the iceberg when it comes to the differences between civil and criminal proceedings, but if you wish to know more, feel free to research it online.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, Wannamakerlaw.com.

There are times in a person’s life when the call of millions of dollars is far too strong to resist. Those who choose to manufacture drugs to obtain those millions are still entitled to the finest criminal defense possible.

Apparently, the problem of drug manufacturing is reaching an all time high in the U.S. and is causing untold social problems including mental, emotional and financial hardships for families caught in the tangled web of addiction. It has apparently gotten the U.S. government so concerned that there are rumors they will find a way to increase the number of law enforcement officers on the streets to fight this crime.

While there may be some people who indulge in drug manufacturing and don’t think twice about the consequences of what they are doing, this does not mean that if an investigation is conducted, the right people are actually charged. “It might also mean the investigation was not done in accordance with people’s rights and freedoms under the U.S. Constitution,” stated Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

“Above all else, the basic right for anyone charged with a criminal offense is the right to be considered innocent until proven guilty. We need to remember this when the police go on drug manufacturing raids and come up with people who may not have known what was going on,” added Wannamaker. In criminal law, things are rarely as they appear and nowhere is it more evident than in the case of drug manufacturing, etc.

While a drug raid may produce evidence of a home-built lab on the premises, it does not necessarily mean the owner of the home is the culprit; it may not be what it appears to be on first glance either. There are too many things that can go wrong when police officers are let loose on the streets to hunt down drug manufacturers.

“Not the least of which is illegally monitoring a person’s power consumption on the premise that they may be running a grow house,” stated Wannamaker, who knows what he’s talking about after having successfully defended such a case. No one is saying there isn’t a drug problem or that drug manufacturing isn’t reaching an all time high.

“What we’re saying (criminal defense attorneys) is that the government needs to proceed with caution and respect the rights of all individuals involved in this process. It is not constitutional to automatically assume someone is guilty and then try and build a case against them later to fit the facts,” said Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

Knowing what to look for in a competent criminal defense lawyer may come in handy in case something goes drastically wrong. Life has a way of throwing curves when they are least expected.

No one really wants to be in a situation where they need a good criminal lawyer, but there are times when things appear to be inevitable and take on a life of their own. Knowing what attributes a first class criminal defense attorney should have is crucial in instances like this.

“A top notch criminal lawyer doesn’t know the meaning of the word quit. They are in the long haul to win. It’s as simple as that,” stated Daniel H. Wannamaker of Wannamaker and Associates, an Austin, Texas, law firm with offices in Houston and Dallas. The lawyer will dig into everything they can lay their hands on; review files until they are dog-eared; and hunt for new information no one else has been able to find. If the criminal defense attorney gets any sleep during a criminal case, it would be mostly of the catnap variety.

First-rate criminal attorneys have a well-known reputation in their community and are well-respected for their accomplishments. Virtually everyone will know their name and what they are capable of doing. “In other words, a good board certified criminal defense attorney’s reputation for winning will precede them,” according to Dallas criminal defense lawyer,  Daniel Wannamaker.

Along with a reputation for being a tenacious bulldog, the top criminal defense attorney in the community will have the experience to back them up. This occupation isn’t for sissies and many outstanding criminal lawyers have spent thousands of hours in the trenches, racking up case victories.

It’s those thousands of hours that will benefit a person charged with a criminal offense. “In some instances, it helps if the lawyer has experience in the particular area where a criminal charge has been laid, but it isn’t always essential,” outlined Wannamaker. The point is that no matter what the charges are, if the lawyer has a solid background defending people in criminal cases, this is the person to call when a criminal charge has been laid, or is about to be laid.

To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.

You might not know this, but when you find out the reasons for mail theft being about the number one white-collar crime, you’ll understand why. One in three cases of identity theft happens when mail is stolen.

You’d think with all the postal security in place in the U.S., there would not be any way someone could just coolly walk off with all sorts of mail containing people’s personal information. Security aside, it is rather difficult to track and keep over 668 million pieces of mail daily. Yes, daily. That is a lot of mail sent from one end of the country to the other and back again. Honestly, most of it does get to where it is supposed to go, but unfortunately some of it is lost prior to delivery.

Just last year it appears the mail theft business was a busy one, as U.S. Postal Inspectors managed to arrest over 6,000 suspects. Many of these suspects were accused of pilfering mail right off the postal trucks, out of collection boxes, right out of apartment mailbox panels, neighborhood delivery/collection boxes, etc.

Theft of U.S. mail happens in a blink of an eye and in a manner which most people would not pay attention. For instance, it only takes a split second to briskly walk up someone’s driveway, open the mailbox, swipe the mail and leave, with a handful of things like credit card statements, utility bills, loan applications and bank statements. There goes your identity.

What do you do to put a stop to this white-collar crime? Well, step number one is putting a lock on your mailbox; a total pain, but worth it if it prevents someone from stealing your identity and messing up your credit history. Make sure the lockbox is sturdy and designed to prevent theft, otherwise a patient thief will only take a few seconds to get it open.

While it may sound hilarious and border a bit on the ridiculous, your mailbox is now almost as important as Fort Knox, with about the same level of protection in the newer boxes. They’re now being made in solid weatherproof material, are welded together instead of using pop rivets, and are tamper and wrench proof. Now that’s a mailbox. Short of the thief taking the whole mailbox (and it has happened) your mail should be relatively secure in one of these newer security conscious models.

Step number two is to take all outgoing mail to a postal drop box yourself. Don’t leave it in the mailbox for the postman to pick up. These are small things that may make a huge difference in whether or not you have your mail pinched, a theft you would rather not happen, as it takes approximately 44 months to recover from having your identity stolen.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer practicing in Austin criminal defense and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.