Posted on November 16, 2025 in Criminal Defense

In rural Texas, fencing is more than property – it is also protection. Ranchers and farmers rely on their fences to keep cattle, horses, goats, and other livestock safely contained. While cutting a livestock fence in Texas may seem like a minor property dispute, under Texas state law (Penal Code, Title 7, Chapter 28), it is treated as a serious criminal mischief offense with severe consequences.

Literally thousands of dollars in property damage can occur within minutes when livestock and breeding stock escape.  Intentionally or recklessly opening a fence line can potentially result in felony-level penalties, restitution for escaped or injured livestock, and civil lawsuits.

Texas prosecutors aggressively pursue fence-cutting cases to protect livestock and reduce rural property crimes. If you are facing such serious charges, you must speak to a knowledgeable Houston, TX criminal defense attorney as quickly as possible to ensure your rights and your future are protected.

Continue Reading ››

 Posted on November 12, 2025 in DUI/DWI

Following a DWI arrest in Texas, prosecutors tend to move quickly. They may offer a "deal" in exchange for a guilty plea, with reduced jail time or probation. If you are facing DWI charges, this may sound like the best solution – plead guilty and have the entire matter resolved. What you may not realize is that a guilty plea in a Texas DWI case carries long-term consequences that can outweigh the immediate relief.

Before you entertain the idea of entering a guilty plea, you must fully understand the rights you are giving up, the collateral penalties that will follow the judicial penalties, and how fighting the charges could actually result in much better short-term and long-term results.  An experienced Houston, TX DWI lawyer is your very best chance for the most positive outcome possible in this situation.

What Does a Texas DWI Guilty Plea Actually Mean?

The elements of a DWI offense in Texas are detailed in the Texas Penal Code Section 49.04. Under this statute, "intoxicated" means not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, or the combination of two or more of those substances, and having an alcohol concentration of 0.08 percent or higher. Pleading guilty to a DWI charge is a formal admission that you operated a motor vehicle while intoxicated. Once accepted by the judge, this guilty plea becomes a criminal conviction, not a deferred finding.

Continue Reading ››

 Posted on November 07, 2025 in Criminal Defense

While there are no publicly reported Texas homicide cases in which Alexa or Siri directly provided evidence leading to a conviction – yet – there have been legal requests for data from smart devices in Texas murder investigations. The most recent example comes from the 2019 murder case of a mother and her two daughters, who were found dead in Boerne, TX.

Prosecutors considered using data from an Echo device in the home, although no convictions were directly linked to the device. Law enforcement across Texas has explored using data from smart devices for criminal investigations, although this is a relatively new and constantly evolving area of law. The evidence from these devices must be shown to be relevant and authentic to be considered admissible in court.

As Texans continue filling their homes with connected devices, including Siri, Amazon’s Echo (Alexa), Google Nest, smart televisions, and doorbell cameras, law enforcement is increasingly treating these digital gadgets as potential witnesses, particularly in murder investigations. When a "digital confession" emerges from the cloud, complex questions regarding authenticity, consent, privacy, and admissibility arise under Texas evidence law.  

Continue Reading ››

 Posted on October 31, 2025 in Criminal Defense

The intersection between federal ATF enforcement of ghost guns and 3D firearms and the permissive firearm laws in Texas can create significant confusion for defendants. This is especially true when privately made firearms, unfinished receivers, and 3D printed gun components are at issue. Ghost guns are untraceable firearms assembled from kits or 3D-printed parts.

While the state of Texas does not explicitly ban ghost guns, federal ATF rules now classify unfinished frames and receivers as firearms. In 2025, Houston-area prosecutors – along with federal agents – are increasingly targeting those who unknowingly violate new serialization or transfer rules. Gun crimes can have significant penalties, both short and long-term, particularly when charged federally.

If you believe you are "safe" under Texas laws (or lack of laws) regarding ghost guns, it is essential that you understand how state and federal firearm laws overlap and when possession can cross over into a federal offense. Having a highly experienced Houston, TX gun crimes attorney from Murphy & McKinney Law Firm, P.C. can make a significant difference in the outcome of your charges.

Continue Reading ››

 Posted on October 22, 2025 in DUI/DWI

No one looks forward to a conviction for driving while intoxicated. Obviously, potential jail time or fines are the first penalties that come to mind. However, these are not the only consequences for a DWI conviction. A conviction could also wreak havoc on your reputation and your personal life.

Out of all the potential consequences, the impact on your job could be the most significant. While a DWI conviction never has a positive impact on a person's career, some professions face steeper consequences than others. In some cases, a DWI conviction could cost you your job or even your professional license.

While it is important to understand these consequences, it is worth noting that avoiding a criminal conviction could help you avoid most issues. A conviction might feel inevitable after a DWI arrest, but a seasoned defense attorney could help you fight the charges you are facing. To discuss your case with an experienced Houston DWI defense lawyer, contact attorney Doug Murphy as soon as possible.

Continue Reading ››

 Posted on October 16, 2025 in Criminal Defense

If you are facing a DWI charge, you undoubtedly have questions about the process, the possible consequences, and how to get your driver's license back. But if you're an immigrant in the U.S., you are probably also wondering how this can affect your visa and your immigration status.

A first DWI in Texas is typically a Class B misdemeanor. If there are aggravating factors like a blood alcohol concentration above .15%, a first DWI may be a Class A misdemeanor. In the past, misdemeanors typically did not affect immigration status, but with all the recent changes, this may no longer be the case. Regardless, a DWI can have a long-term effect on your status under DACA or your ability to become a naturalized citizen.

Under the Immigration and Naturalization Act, felony convictions are typically crimes of "moral turpitude," which can affect your immigration status. If your DWI involves additional charges related to an accident that seriously injured or killed someone, or if you had a child under 15 in the car, the police may charge you with a felony. If you're an immigrant facing misdemeanor or felony charges related to a DWI in Houston, you need a skilled Houston, TX criminal defense lawyer.

Continue Reading ››

 Posted on October 10, 2025 in Criminal Defense

You may be surprised to learn that unlawful restraint (Texas Penal Code Section 20.02) and kidnapping (Texas Penal Code Section 20.03) are two separate crimes under Texas law, with dramatically different penalties. A situation that could begin with an allegation that an individual was being held against his or her will can quickly escalate into felony kidnapping charges.

The line between the two crimes is incredibly thin; knowing where the law draws that line could mean the difference between misdemeanor charges and spending decades in prison. Something as relatively minor as an argument between spouses that results in the husband grabbing his wife’s phone and blocking the doorway could be charged as unlawful restraint, and while it is a misdemeanor offense, it can still result in many unintended consequences.

Continue Reading ››

 Posted on October 03, 2025 in Criminal Defense

Imagine being accused of a crime based solely on a video or audio clip that looks and sounds just like you – yet it is not. As artificial intelligence-generated "deepfakes" continue to increase, Texas courts are facing challenges as they determine what can be considered "reliable" evidence. Deepfakes blur the line between truth and fabrication, raising crucial questions regarding the rights of the accused.

Texas courts are only just beginning to grapple with the admissibility of "deepfake evidence" in criminal cases, such as AI-altered images, videos, and audio recordings. If you are a defendant facing criminal charges, it can be frightening to think that AI-generated media could potentially be used to convict you. Prosecutors may introduce manipulated content in criminal cases, resulting in issues of authentication under the Texas Rules of Evidence (Rule 901) colliding with cutting-edge technology.

Continue Reading ››

 Posted on September 30, 2025 in Drug Crimes

There is a common misconception among some Texans that certain substances are either "legal drugs" or "illegal drugs." For some, these terms are used to distinguish between illegal street narcotics like heroin or LSD and medication prescribed by a doctor. Unfortunately, some of those people may learn the hard way that possessing a "legal" drug without a valid prescription can lead to being arrested just as easily as the possession of an illegal narcotic.

In fact, the unlawful possession of certain prescription drugs carries tougher penalties than most recreational drugs. With any drug possession case, a conviction could cost you a lengthy prison stay as well as a large fine. The consequences of a conviction can extend beyond the length of your sentence; however, a felony conviction can have a lifelong impact on your ability to find a job or maintain housing. These consequences are serious, but under the right circumstances, you can avoid a conviction.

Continue Reading ››

 Posted on September 23, 2025 in Theft

Texas Senate Bill 1300 takes effect on September 1, 2025. This bill will enhance criminal penalties for organized retail theft. Governor Greg Abbott signed the bill into law in June 2025. The bill allows charging more serious felonies for higher-value thefts, clarifies several specific definitions, and simplifies the legal process for prosecuting organized retail theft. Indictments are now allowed without the necessity of naming each item stolen; an intent can be demonstrated by the use of evidence from prior theft offenses.  

A person who removes a price tag or transfers goods into different packaging can be presumed to have the intent to steal merchandise. The basic definition of organized retail theft has been expanded under the bill to cover various scenarios, including stealing from a single merchant on multiple occasions, overwhelming security personnel, or acting in concert with others to commit a theft, such as a retail "smash and grab."

Continue Reading ››