Join Us In Welcoming Willis Adams Back to Schulenburg!
Former Shorthorn and part of the 1972 State Championship team
Former All-American at the University of Houston as Wide Receiver
Played for the Cleveland Browns NFL from 1979-1985
WHEN: August 26th at 2:15PM
WHERE: The New Gym in Schulenburg
It has been ten years since the verdict of the Robbie Middleton case and with this being the largest verdict in US history, we’ve been contacted and interviewed by publications shedding light on this case.
It was Robert” Robbie” Middleton’s 8th birthday when he was tied to a tree, doused in gasoline, and set on fire. He miraculously survived the attack but later died after a courageous twelve-year battle with third-degree burns over 99% of his body. We knew justice needed to be served for him and the Middleton family, and Ken Bigham Jr. partnered with Craig Sico as lead counsel and took this case pro bono.
Don Wilbur Collins, the attacker, had never been charged with a criminal offense as prosecutors asserted that there was insufficient evidence to prosecute. However, on Robbie’s death bed, he gave a 27-minute video testimonial about his attacker, Collins, which was evident during the trial. Additionally, two of the world’s top burn surgeons testified that Robbie’s burns were the worst they had seen in their career.
Ultimately, a Fayette County jury reached a verdict of $150 billion, which is the largest civil verdict in US history. However, all parties in the case knew that this monetary gain would not happen. The goal was to bring attention to the fact that Collins had never been prosecuted for this horrific crime. After the verdict, the Montgomery County district attorney’s office reopened the criminal case, and Collins was subsequently convicted of murder by the Galveston county jury.
We are the Middleton Family, and we went to Ken to try to get help for my brother and find out why nothing had ever happened. We would most definitely recommend Ken to anyone!
PERSONAL INJURY | CRIMINAL DEFENSE | FAMILY LAW
Ken Bigham Jr. has nearly three decades of experience navigating the law to protect his clients from unfair treatment by insurance companies, the government and corporations. He believes that Bigham Law’s purpose is to provide outstanding value to its clients and compassionate service to its community.
Ken is an aggressive, extremely experienced lawyer that fights for your rights and negotiates strong and fair settlements for his clients. I highly recommend him and his team
The Texas Department of Family and Protective Services (DFPS), sometimes known as Child Protective Services (CPS), handles a variety of cases involving child abuse and neglect.
If you are facing any of the types of CPS cases, allegations of abuse or neglect, your CPS defense will more than likely be focused on one or more of these types of cases.
The Texas Family Code § 261.001 defines the types of abuse and neglect cases handled by the DFPS, and these include:
Under Texas Family Code § 261.001(1), physical abuse is defined as:
Emotional abuse can be more difficult to prove, but Texas Family Code § 261.001(1) defines this type of abuse as:
Under Texas Family Code § 261.001(1), sexual abuse is defined as:
Texas Family Code § 261.001(4) defines medical neglect as failure to “seek, obtain or follow through with” a child’s medical care, and that failure resulted in:
Texas CPS will consider whether the parent has a history or pattern of failing or refusing to seek medical care for the child as well as the severity of the condition, whether the child is in pain due to lack of medical care, and the potential impact of not obtaining care.
Parents or guardians may not be considered negligent if the failure to obtain care with a specific treatment is because of legitimate religious beliefs.
Texas law defines abandonment as leaving a child in a situation that would expose him/her to a risk of mental or physical harm, without making arrangements for the child’s care and without intention to return for the child.
In a CPS physical neglect case, there are allegations or evidence of failure to provide the child with basic necessities, such as shelter, food, and clothing. This excludes the inability to provide these necessities due to financial inability unless the parent or guardian has refused relief services that were offered.
Signs of physical neglect can include but are not limited to:
Under Texas Family Code, neglectful supervision occurs when a child is placed in or not removed from:
Domestic violence occurring between spouses within the presence or hearing of the child can also be considered neglectful supervision by a parent.
Allegations of child abuse or neglect are very serious, and DFPS cases can result in the child being removed from the home. It’s important to seek legal counsel if you are facing child abuse allegations. An experienced attorney can help build your CPS defense and achieve the best possible outcome in your case.
We have skilled Family Law Attorneys who are here to help with your CPS Defense. Contact us to get your free consultation and let us help fight for you.
PERSONAL INJURY | CRIMINAL DEFENSE | FAMILY LAW
Ken Bigham Jr. has nearly three decades of experience navigating the law to protect his clients from unfair treatment by insurance companies, the government and corporations. He believes that Bigham Law’s purpose is to provide outstanding value to its clients and compassionate service to its community.
Ken is an aggressive, extremely experienced lawyer that fights for your rights and negotiates strong and fair settlements for his clients. I highly recommend him and his team
If you have an encounter with the Child Protective Services (CPS) it is likely due to an alleged claim of abuse or neglect of your child. Texas Child Protective Services (CPS) works on behalf of children in adoptive homes, foster care, and familial homes. The purpose of child protective services (CPS) is primarily to protect minors’ safety as well as provide support to certain parents and guardians to promote safe and secure living conditions. CPS operates under the state laws of the social services department to assess, investigate, and intervene when necessary to protect an at-risk child.
The law provides for a wide range of definitions of abuse and neglect to cover multiple scenarios that put a child in danger. Abuse can be physical, mental, emotional, sexual, or placing the child in situations that could lead to those abuses. Such acts could include allowing the child to use a controlled substance or leaving the child with someone that you suspect will abuse the child. Neglect is a purpose failure to provide necessities to sustain life such as food and shelter or a failure to seek medical care to prevent death or bodily injury.
Once aware of a case, CPS in Texas has a duty to complete an investigation within 30 days. This investigation could consist of a taped interview of the potentially at-risk child as well as discussions and interviews with other family members. CPS will likely examine the child for physical signs of abuse and may request mental health records. Also, CPS will likely visit the home and discuss the report with the family to take into consideration any explanations provided by the family.
At the completion of the investigation, CPS determines whether there is enough evidence to continue to move forward with the case. If it is agreed that the child is not at continued risk, the case will be administratively closed as no further intervention by CPS is warranted. However, if CPS directs that more supervision or involvement is necessary, the actions can range from recommending services to help the family address the problem with follow up from CPS to ensure compliance to removing the child from the home and filing a civil court action to protect the child and even to terminate the rights of the parents or other caregivers involved in or aware of the abuse or neglect.
The focus of CPS is on the family and the protection of the child within that family unit. If you are contacted by CPS, become involved and take the investigation seriously. Seek an experienced family law attorney that can help you navigate this situation at your earliest convenience. With cooperation and teamwork, a successful resolution may be achieved. Here at the Bigham Law Firm, we have competent family law attorneys who are here to fight for you and your family. We offer free consultations, so contact us today if you’re facing a case with the CPS and need CPS Defense.
PERSONAL INJURY | CRIMINAL DEFENSE | FAMILY LAW
Ken Bigham Jr. has nearly three decades of experience navigating the law to protect his clients from unfair treatment by insurance companies, the government and corporations. He believes that Bigham Law’s purpose is to provide outstanding value to its clients and compassionate service to its community.
Ken is an aggressive, extremely experienced lawyer that fights for your rights and negotiates strong and fair settlements for his clients. I highly recommend him and his team
How is the Term ‘Assault’ Used?
The term “assault” is one of the most commonly used terms in the Texas criminal statutory scheme and common law jurisprudence. Although it is frequently used, its meaning is not always uniform since the word is not statutorily defined. The term is more of a generic word, and is used in a wide variety of ways to describe specific types of criminal conduct.
In most instances, assaultive behavior involves some form of violent physical contact, but not necessarily.
Types of Crimes Where the Term ‘Assault’ is Directly Used
In general, we have two levels of misdemeanor assaults, ranging from Class ‘C’ assaults punishable by a fine only, to Class ‘A’ assaults, punishable by up to a year in the county jail and a fine not to exceed $4000. On the felony end of the spectrum, we have Aggravated Assault, which is a more serious version of the misdemeanor category. The Penal Code also uses the generic term assault to name various other types of crimes, such as Indecent Assault, Sexual Assault, Aggravated Sexual Assault, and Intoxication Assault, etc. Each of these crimes describes behavior quite different from one another.
All felony convictions carry a penalty range which includes incarceration in the Texas Department of Corrections (i.e. the penitentiary), not simply the county jail, along with a fine not to exceed $10,000. As we shall see, even some of the misdemeanor-variety assaultive behavior can become a felony, depending on the factual circumstances of the case.
What Constitutes a Misdemeanor (‘Simple’) Assault Case?
Section 22.01 of the Texas Penal Code recites that:
A person commits an offense if the person:
- intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
- intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
- intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
The second two offenses listed above are usually deemed Class ‘C’ misdemeanor offenses. They are often referred to as Assault by Threat, and Offensive Touching, respectively. These Class ‘C’ assaults can become higher level offenses if directed at certain protected classes of individuals, like the elderly or disabled.
The first offense on the list is called Assault with Bodily Injury, or sometimes just simple assault. It is usually a Class ‘A’ misdemeanor, carrying a jail term of up to one year. This crime is what most of us think about when we hear the term assault. A simple assault can also be charged as a serious felony offense if committed against protected classes of individuals (such as public servants, elderly, etc.), or in repeated family violence situations, or if there is any impeding of the normal breathing or circulation of the victim by strangulation or blocking the person’s nose or mouth.
From a prosecution standpoint, the proof of bodily injury is a very low standard, meaning that it’s easy to prove. A bodily injury is defined by the Code simply as any physical pain, illness, or any impairment of physical condition. So during trial, if the prosecutor asks the victim of the crime: “Did it hurt when . . . ?” or “Did you feel pain when . . . ?” – and the victim responds affirmatively, then the prosecutor has established his burden to prove the element of bodily injury as a matter of law.
What Constitutes a Felony Aggravated Assault Case?
In contrast to a simple assault, the Texas Penal Code §22.02 provides that an assault is an Aggravated Assault when a person commits an assault, and the person:
- causes serious bodily injury to another, including the person’s spouse; or
- uses or exhibits a deadly weapon during the commission of the assault.
A serious bodily injury is an injury which creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Again, this is a statutory definition. Similarly, a deadly weapon is defined by statute as:
Note that the weapon does not necessarily have to be used; it can simply be exhibited.
The crime of Aggravated Assault (with or without a deadly weapon) is a Second Degree felony, punishable by 2-20 years in the Texas Department of Corrections, and a fine not to exceed $10,000. Just as with the misdemeanor offenses, there are also multiple factual situations which can cause this Second Degree to be punished as a First Degree felony. Furthermore, if a deadly weapon is charged and proved, there are enhanced parole consequences for the person convicted.
Illustrative Scenarios
Let’s see how this statutory scheme works under the following scenarios:
Example #1: The defendant and victim get into a verbal conflict. The defendant loses his temper and punches the victim in the face with his fist hard enough for the impact to cause pain to the victim. What crime, if any, has the defendant committed?
Answer: By virtue of the punching the victim in the face, the blow constituted an assault. At this point the charge against the defendant would be a misdemeanor Class ‘A’ simple assault, as discussed above.
Example #2: In the same fact pattern as Example #1, the blow to the face was hard enough not only to cause pain, but to break the victim’s eye socket. Is this now still a simple assault? Or an Aggravated Assault?
Answer: Under the case law interpreting the statutory definition of serious bodily injury, the breaking of a bone is generally considered a protracted loss or impairment of the function of any bodily member or organ. As such, this would fit the statutory elements of an Aggravated Assault. Defendant could be prosecuted as a felon.
Example # 3: In the same fact pattern as Example #1, the defendant was holding a pistol in his other hand as he punched the victim, but never fired or even pointed the pistol at the victim. Is this an Aggravated Assault, or a simple assault?
Answer: Aggravated Assault. By having the pistol in his hand during the commission of the assault, the defendant was exhibiting a deadly weapon. The deadly weapon does not actually have to be directly used. Therefore, under this fact pattern all the elements of Aggravated Assault have been met.
Example #4: In the same fact pattern as Example #3, except that instead of punching the victim with his fist, the defendant merely raised his pistol and pointed it at the victim during the heated argument. No shots were fired. What, if any, crime has the defendant committed?
Answer: Pointing a pistol at the victim during a heated argument would be a threatening act, hence an assault. And, since a deadly weapon was used or exhibited during the commission of the assault, the actions meet the elements of an Aggravated Assault. Note that the crime charged would be the same whether the defendant fired a shot, or not (unless, of course, the shot fired caused the death of the victim, in which case the charge would be Murder).
How can I get more information about this topic?
If you are charged with a criminal offense you should contact a competent defense attorney skilled in the practice of criminal law immediately in order to begin work on your defense. The Bigham Law Firm has the attorneys with the experience and resources to properly represent you in these difficult types of criminal defense cases.
If you would like more information about how to protect yourself in any criminal case, please call the Bigham Law Firm at (979) 743-4153 for a free consultation.
PERSONAL INJURY | CRIMINAL DEFENSE | FAMILY LAW
Ken Bigham Jr. has nearly three decades of experience navigating the law to protect his clients from unfair treatment by insurance companies, the government and corporations. He believes that Bigham Law’s purpose is to provide outstanding value to its clients and compassionate service to its community.
This firm gave me my life back. Before Ken and his team I almost gave up hope and caved. He gave me back a chance to finish my schooling, move past what was done to me, and handed back the tools I needed to be a man.
Here I am now a father to a beautiful little girl and building a small business. I can say if I didn’t meet Ken, the story would have been not quite the same. Nothing but love and appreciation from me and my family.
The “Dram Shop Laws” refer to a specific category of legislation in Texas and other states dealing with the civil liability associated with bars and other business establishments which serve alcoholic beverages to the public. As the name implies, a “Dram Shop” refers to a drinking establishment. The laws establish potential liability for those establishments if they serve alcoholic beverages to intoxicated patrols who cause personal injury or damage to innocent victims.
Typically these laws come into play in drunk-driving situations, where the drunk driver causes personal injury, death, or property damage to another individual. Before the enactment of the Dram Ship Laws, the only remedy for the victim of the accident was to sue the individual drunk driver for damages. Under the Dram Shop statute, however, the victim may, under certain circumstances, also be able to recover damages from the drinking establishment that served alcohol to the drunk driver.
In Texas, the Dram Shop Act is found in Title I, Chapter 2, of the Texas Alcoholic Beverage Code. Under the Act, a person who provides sells, or serves an alcoholic beverage may incur liability upon proof that:
(1) at the time the sale or service of alcoholic beverage occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and
(2) the intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.
In addition, if the provider holds a liquor license or permit that allows them to conduct their business, that license or permit may be revoked based upon the same elements of proof.
A different provision exists for minors under the age of 18. Under the Act, an adult 21 years of age or older is liable for damages proximately caused by the intoxication of a minor, if the adult knowingly:
(1) served or provided to the minor any of the alcoholic beverages that contributed to the minor’s intoxication; or
(2) allowed the minor to be served or provided any of the alcoholic beverages that contributed to the minor’s intoxication on the premises owned or leased by the adult.
This provision does not apply to an adult who is the minor’s parent, guardian, or spouse or who has legal custody of the minor who caused the damage.
Thus, if an adult serves or provides alcohol to a minor who injures himself or someone else due to intoxication, the adult who served the minor can be held liable for damages. In the case of minors, the server incurring liability can be a private individual, not only a drinking establishment. Furthermore, many defenses that help shield businesses and private individuals from liability when serving an adult do not apply when a minor is served alcohol.
The intent of this law is not to absolve the intoxicated driver of liability under the law. The victim of an accident can still sue the driver and almost certainly will do so. The law seeks to provide legal grounds to hold the drinking establishment financially liable as well, provided the elements of the cause of action are met. After all, the drunk driver may be an uninsured motorist, which means that the plaintiff/victim would have little or no financial recovery if they had no other appropriate target for their claim.
The elements of the claim:
To recover damages against the serving establishment, the plaintiff has to show that:
This Act provides only a potential source of recovery for the injured plaintiff and does not guarantee that the drinking establishment will be held liable. The plaintiff has the burden of proof by a preponderance of the evidence that the stated elements exist. This may be difficult to establish in the trial, so competent legal representation for the plaintiff is essential.
The short answer to this question is “generally no.”
The Dram Shop Act only applies to “providers,” That term is defined as “a person who sells or serves an alcoholic beverage under the authority of a license or permit issued under the terms of this code or who otherwise sells an alcoholic beverage to an individual.”
Therefore, if the host of a private party serves an individual too much alcohol, the host would generally not incur liability under this Act; unless, as discussed above, the intoxicated individual being served happened to be a minor under the age of 18. Otherwise, there would be no liability for a party host to serve alcohol to an intoxicated adult since the host was not selling beverages at the party, and since the host was likely not a holder of a license or permit to sell or serve alcohol.
The Dram Shop Act is an exclusive remedy when suing a drinking establishment. That means those typical common law tort actions, such as gross negligence, are not available to the plaintiff as a viable cause of action against a bar that acts inappropriately by serving an intoxicated individual. So if the injured party cannot meet the elements of the Act, the drinking establishment will be free from a claim of damages. In this respect, the law compromises the public’s need for legislation and the pro-business demographic that wants to protect itself from civil liability.
If a drunk driver injures you or a loved one, you may have a Dram Shop Act remedy available to recover significant monetary damages. Business establishments will do anything to avoid liability, so you must act immediately by contacting an attorney to begin investigating the case before the evidence is lost or destroyed. The Bigham Law Firm has the attorneys with the experience and resources to properly represent you in these difficult cases.
If you would like more information about how to receive the benefits that the Dram Shop Laws provide, please call the Bigham Law Firm at (979) 743-4153 for a free consultation.
PERSONAL INJURY | CRIMINAL DEFENSE | FAMILY LAW
Ken Bigham Jr. has nearly three decades of experience navigating the law to protect his clients from unfair treatment by insurance companies, the government and corporations. He believes that Bigham Law’s purpose is to provide outstanding value to its clients and compassionate service to its community.
This firm gave me my life back. Before Ken and his team I almost gave up hope and caved. He gave me back a chance to finish my schooling, move past what was done to me, and handed back the tools I needed to be a man.
Here I am now a father to a beautiful little girl and building a small business. I can say if I didn’t meet Ken, the story would have been not quite the same. Nothing but love and appreciation from me and my family.