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Engaging in Deceptive Business Practices in Texas

July 31, 2012 By

Have you been arrested for or charged with engaging in deceptive business practices in Texas? In recent years, faced with increasing complaints from consumers, Texas prosecutors and law enforcement authorities have allocated significant resources to pursuing criminal action against individuals alleged to have engaged in fraudulent or deceptive business practices. If you have been caught in their net, even though you run a clean operation, you want an experienced attorney to protect your rights.

At the Law Office of Kevin Clancy & The Law Office of Tim Clancy, we bring nearly 50 years of combined legal experience to people in and around the Dallas-Fort Worth Metroplex. We focus our practice exclusively on criminal defense, handling a broad range of criminal matters. Because attorney Kevin Clancy served as a prosecutor before opening our practice, we understand how the state prepares and presents a criminal case, and can anticipate the tactics they will employ to try to get a conviction.

Protecting You against Deceptive Business Practices Complaints

Many of the prosecutions involving allegations of deceptive business practices involve individuals and companies providing home construction, repair or remodeling services. If you enter into an agreement to provide these types of services and take any kind of a down payment, you can suddenly find yourself facing criminal charges, if controversies arise or if there are delays in construction or delivery.

Texas has extensive laws designed to protect consumers from fraud or deceptive practices. If you have been charged or are under investigation for violation of the Deceptive Trade Practices laws, you should take the following measures:

  • Hire an experienced attorney as soon as possible
  • Exercise your right to remain silent—Police may want to question you. You don’t have to answer their questions, but may exercise your constitutional right to remain silent. You can also ask to have your attorney present before answering any questions.
  • Demand to see a warrant before allowing police to search your home or your car.

Contact the Law Office of Kevin Clancy & The Law Office of Tim Clancy

To arrange an appointment with experienced Texas criminal defense attorneys, contact us online at or call 214-740-9955 to schedule a consultation.

Attorney Kevin Clancy is AV-rated under Martindale-Hubbell’s peer review rating system.

Filed Under: Criminal Defense, dallas, Deceptive Business Practices, white collar crime Tagged With: , , , , , , , , , , , , , , , , , , , , , ,

Felony & Misdemeanor Assault Laws in Texas

July 17, 2012 By

Have you been charged with assault in Texas? You could be facing misdemeanor or felony charges, depending on a variety of factors. The penalties can be severe, including up to 10 years in prison or a fine of up to $10,000. There are a number of legitimate defenses to an assault charge. You want an experienced lawyer to help you protect your rights.

At the Law Office of Kevin Clancy & The Law Office of Tim Clancy, we have almost 50 years of combined criminal law experience, focusing our practice on the needs of people throughout the Dallas-Fort Worth area. We handle all types of assault charges, including misdemeanor or felony prosecutions. We will fully investigate the facts of your case, and will be staunch advocates for you at all stages of the legal process.

The Different Types of Criminal Assault in Texas

Under Texas law, assault may be prosecuted as a misdemeanor or as a felony, based on a number of factors. In general, assault is an intentional or reckless act, whereby you cause physical bodily injury to another person. You can also be charged with assault if you threaten someone with immediate bodily harm. You don’t have to cause any traumatic injury; it is considered assault if you knew or should have known that the contact would be considered offensive. To that end, a simple touching or an intended affectionate gesture can be assault.

A simple assault can rise to the level of a felony under certain circumstances, including:

  • If the victim was a public servant or government contractor, or a security guard or emergency services worker, you may be charged with third degree felony assault
  • If it can be shown that you intended to cause serious bodily harm, you can be charged with a felony
  • If you used a weapon to commit or further the assault, you can also be charged with felony assault

Your Potential Defenses

The defenses to a charge of assault generally fall into two categories: a defense where you assert that you did not commit assault, and a defense where you admit that you committed the assault, but want to argue that you had legal reasons. In the first instance, you may establish alibis or use other evidence to demonstrate that you did not commit the act. In the latter case, you may argue self-defense, protection of another person, or the prevention of theft.

Contact Our Office

For a confidential consultation with an experienced Texas criminal defense attorney, contact us online at or call 214-740-9955.

Attorney Kevin Clancy is AV-rated under Martindale-Hubbell’s peer review rating system.

Filed Under: Assault, Criminal Defense, dallas, misdemeanors Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , ,

Evading Arrest or Detention in Texas

July 3, 2012 By

Have you been arrested and charged with evading arrest or detention in Texas? Are you uncertain of your rights, concerned about the potential penalties? Do you have questions or concerns about the potential defenses you might raise? This blog outlines the provisions of the Texas law governing evading arrest or detention, and identifies potential defenses. To protect your rights, you want to talk with an experienced criminal defense lawyer.

At The Law Office of Kevin Clancy & The Law Office of Tim Clancy, we provide nearly 50 years of combined criminal law experience, protecting the rights of people across the Dallas-Fort Worth Metroplex. Kevin Clancy, a former prosecutor, has firsthand knowledge of the methods by which the state gathers evidence and prepares a criminal case. We can anticipate their actions and help you take preemptive measures to protect your rights.

The Law in Texas

Under Section 38.04, the Texas Penal Code makes it a violation of law to “intentionally flee” from someone that you know is a peace officer lawfully trying to arrest or detain you. As a general rule, evading arrest or detention is a Class B misdemeanor, with the punishment not to exceed 180 days in jail or a fine of $2,000, or both. There are exceptions, however:

  • If you use a vehicle to flee or evade arrest, and you have not prior convictions for evading arrest or detention, you may be charged with a state jail felony
  • If you use a vehicle and have been previously convicted for evading arrest or detention, you may be charged with a felony of the third degree
  • If someone else suffers bodily injury because of the peace officer’s attempt to apprehend you, you may be charged with a third degree felony

Defenses You Can Raise

The crime of evading arrest or detention requires intent, i.e., that you knew or should have known the person attempting to apprehend you was a peace officer. You can argue that you reasonably believed that the person was not a peace officer. You can also assert that you were u unaware that the peace officer was seeking to arrest or detain you, and that your attempt to leave the scene was for other reasons.

Contact Our Office

For a confidential consultation with an experienced Texas criminal defense attorney, contact us online at or call 214-740-9955.

Attorney Kevin Clancy is AV-rated under Martindale-Hubbell’s peer review rating system.

Filed Under: Criminal Defense, dallas Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , ,