Question for my brother.

[TexasComputerDude]

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[KBCraig]

There's no such charge as "inciting a riot" in Texas. There is PC 42.01, Disorderly Conduct, or 42.02, Riot.

§ 42.02. RIOT.
(a) For the purpose of this section,
"riot" means the assemblage of seven or more persons resulting in
conduct which:
(1) creates an immediate danger of damage to property
or injury to persons;
(2) substantially obstructs law enforcement or other
governmental functions or services; or
(3) by force, threat of force, or physical action
deprives any person of a legal right or disturbs any person in the
enjoyment of a legal right.
(b) A person commits an offense if he knowingly participates
in a riot.
(c) It is a defense to prosecution under this section that
the assembly was at first lawful and when one of those assembled
manifested an intent to engage in conduct enumerated in Subsection
(a), the actor retired from the assembly.
(d) It is no defense to prosecution under this section that
another who was a party to the riot has been acquitted, has not been
arrested, prosecuted, or convicted, has been convicted of a
different offense or of a different type or class of offense, or is
immune from prosecution.
(e) Except as provided in Subsection (f), an offense under
this section is a Class B misdemeanor.
(f) An offense under this section is an offense of the same
classification as any offense of a higher grade committed by anyone
engaged in the riot if the offense was:
(1) in the furtherance of the purpose of the assembly;
or
(2) an offense which should have been anticipated as a
result of the assembly.


A conviction for rioting would have the same effect as any other Class B misdemeanor, a 5 year wait.

[TexasComputerDude]

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[KBCraig]

It was a case of a friend calling him telling him to meet him someplace, like they normally do, and then some kids showed up from the neighboring town and a fight broke out. my brother was getting in his truck to leave when someone pulled a shotgun and shot him.

Well then, that's a slam-dunk in your brother's favor.

§ 42.02. RIOT.
...
(c) It is a defense to prosecution under this section that
the assembly was at first lawful and when one of those assembled
manifested an intent to engage in conduct enumerated in Subsection
(a), the actor retired from the assembly.

Even if your brother called the assembly, called the neighboring kids, and then instigated a fight, if he was getting in his truck to leave, he has a valid defense to prosecution.

How badly was he wounded? I hope he's okay.

[KBCraig]

Let me add, I strongly suggest not accepting any kind of plea bargain if everything is as you said. A conviction of any kind can eventually come back to harm your brother. Just look at how many family shouting matches, with no violence at all, were pleaded out as misdemeanors. Years or decades later, those misdemeanor "domestic violence" convictions can bar someone from legally owning any firearm at all.

[TexasComputerDude]

(a), the actor retired from the assembly.[/b]

Even if your brother called the assembly, called the neighboring kids, and then instigated a fight, if he was getting in his truck to leave, he has a valid defense to prosecution.

How badly was he wounded? I hope he's okay.

oh wow, thanks alot. I missed that. I do believe you've just won our case.

if you want to read about it you can to (had to remove link) Its a website we just put up to dispel some of the rumors going around about him. Its not as perfect as I wanted it, but I only had 24 hours to get it up and running.

My brother was shot in the chest with a shotgun from about the width of a 1 lane road. It was a miracle he survived and the doctor told us so. Its also what got me off my butt and made me get my CHL.

as a side note, it was also the first time anyone has ever been admitted into Nacogdoches Memorial Hospital late at night with a gunshot wound that didn't involve drugs and/or alcohol, or so the nurses told us.

[rm9792]

Class A or B misdemeanor = no CHL for 5 years
Felony = No CHL ever

This includes those classes of charges that result in probation or deferred adjudication.

That's the straight answer for ya

No, deferred adjudication requires a 10 year wait. In the worst case scenario ask for that.

[HerbM]

(a), the actor retired from the assembly.[/b]

Even if your brother called the assembly, called the neighboring kids, and then instigated a fight, if he was getting in his truck to leave, he has a valid defense to prosecution.

How badly was he wounded? I hope he's okay.

oh wow, thanks alot. I missed that. I do believe you've just won our case.

If this, reading the correct statute and pointing out that your brother's case doesn't fit the DEFINITION of this crime, "wins your case" then perhaps your brother needs a NEW and much better attorney.

Or your brother needs to talk this through with him in much better detail and understand the issues.

A lawyer can say, "I think I can get your off" as a general reassurance but your brother should be VERY interested in the details of that opinion, and might even want a second opinion in many cases. It's his, freedom and perhaps his lifetime rights at stake.

And as you tell it he did NOTHING wrong, has already been shot/nearly killed, and deserves no punishment.

A decent lawyer should KNOW this -- or be able to tell you why it isn't true, and in either case be able to explain the (very real) dangers of a legal system that might convict an innocent man on some technicality or misunderstanding.

Your brother needs this information explicitly unless he is incapable of processing it, and then you might want to help him directly by visiting the lawyer with him.

[TexasComputerDude]

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[Kalrog]

...but I think the best course of action is to keep our mouths shut for the time being, until we can get all the facts 100% straightened out. We have just learned some BIG news that takes the case to a whole other level.

Good move. Especially in a public setting like this. Although we are interested in the details when you can provide them.

My brother is innocent and we have more than enough evidence in our favor to prove it to any jury.

Let's hope it doesn't come to that.

[TexasComputerDude]

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[Kalrog]

Local law enforcement does not have to sign off on a CHL - that is why Texas is "Shall Issue".

[DoubleJ]

I do have one question, If I have no criminal record or mental illness record can anything else get my chl denied? Does the local law enforcement have to sign off on it?

yes. something about Taxes, Child support, and Student Loans. ask an instructor about that, but basically if you're in default, it's bad news.