CASE TYPES

Assaults

Assault by bodily injury in Texas consists of intentionally, knowingly or recklessly causing bodily injury to another person. If this is being charged as a misdemeanor, you may be facing a punishment range of up to one year in jail and a $4000 fine. If the State alleges that the injury rises to the level of "serious bodily injury" or a deadly weapon is involved, then this may be charged as a felony punishable by two to twenty years in prison and up to a $10,000 fine. Prior convictions of domestic violence may also enhance your assault charge to a felony if the State is alleging that the current offense is also domestic violence related. There are a wide array of situations that can cause an assault charge to result in you looking at more prison time. If you have questions about your assault charge, contact us at 713-542-4983 for a free consultation.

Driving While Intoxicated

Driving While Intoxicated can be a misdemeanor or a felony based on the facts involved, and a common misconception is that your vehicle has to be in motion for you to be charged. In reality, your vehicle does not even have to have the engine on for the State of Texas to charge you with DWI. Another common misconception is that if your blood alcohol is lower than .08 then the State cannot charge you with DWI. While it is true that the Texas penal code lists .08 or above as the legal limit, you may still be charged on the basis that you lost the normal use of your physical or mental faculties. If there is a child under 15 years of age, then you may be with Driving While Intoxicated as a state jail felony. You may also be charged with felony DWI if you have two prior convictions.

If you have questions about your misdemeanor or felony DWI, contact us at 713-542-4983 for a free consultation.

Property Crimes

Property crimes, including theft and criminal mischief, sometimes use a sliding scale based on the alleged value of the property stolen or damaged to determine the level of punishment and degree of offense charged. If through the course of a theft a third party has been injured or assaulted, it is possible that the charge will be upgraded to robbery with a punishment range of 2-20 years and a $10,000 fine. Further, if a firearm is involved, then the theft of property may be upgraded to an aggravated robbery with a punishment range of 5-99 years and a $10,000 fine.

The individual facts involved in each property crime will determine the punishment range and seriousness of the offense. If you have questions about your misdemeanor or felony property crime, whether it is theft, forgery, robbery, burglary, or aggravated robbery, contact us at 713-542-4983 for a free consultation.

Juvenile Offenses

Juvenile offenses are governed by the juvenile justice code, contained within the family code. Juveniles may be charged with all of the myriad offenses an adult can be charged with, however the rules involved are substantially different. Ultimately, the goal of the juvenile justice system in Texas is to rehabilitate the offender and this impacts every facet of juvenile law. Who is a juvenile? In Texas, a person can be charged in a juvenile court for criminal offenses committed on or after his 10th birthday. These offenses can range anywhere from a class C misdemeanor up to and including capital murder. A person who is at least 10 years old and under the age of 17 can be charged as a juvenile. Once a person turns 17 in Texas, he is legally considered an adult, and any criminal charges will be handled in adult court. If you have any questions about juvenile offenses, contact us at 713-542-4983 for a free consultation.

Drug Offenses

Drug possession laws vary widely according to the type of drug and quantity, as well as whether there is evidence to believe the Defendant is a drug dealer. Punishments for drug offenses will be determined in part by the penalty group the drug is assigned to in the Texas Health and Safety Code and Sections 481.102 through 481.105 list the penalty groups and their associated controlled substances.

Penalty Group 1: Cocaine, heroin, methamphetamine, ketamine

State jail felony: Less than one gram
· Fine: Up to $10,000
· Prison sentence: Between 180 days - 2 years
Felony of the 3rd Degree: Between 1 - 4 grams
· Fine: Up to $10,000
· Prison sentence: Between 2 - 10 years
Felony of the 2nd Degree: Between 4 - 200 grams
· Fine: Up to $10,000
· Prison sentence: Between 2 - 20 years
Felony of the 1st Degree: Between 200 - 400 grams
· Fine: Up to $100,000
· Prison sentence: Between 5 - 99 years
Enhanced Felony of the 1st Degree: 400 grams or more
· Fine: Up to $100,000
· Prison sentence: Between 10 - 99 years

Penalty Group 1-A: Lysergic acid and LSD

State jail felony: Fewer than 20 units
· Fine: Up to $10,000
· Prison sentence: Between 180 days - 2 years
Felony of the 3rd Degree: Between 20 and 80 units
· Fine: Up to $10,000
· Prison sentence: Between two and ten years
Felony of the 2nd Degree: Between 80 - 4,000 units
· Fine: Up to $10,000
· Prison sentence: Between 5 - 20 years
Felony of the 1st Degree: 4,000 or more units
· Fine: Up to $250,000
· Prison sentence: Between 15 - 99 years

Penalty Group 2: Mushrooms and Psilocybin

State jail felony: Less than one gram
· Fine: Up to $10,000
· Prison sentence: Between 180 days - 2 years in prison
Felony of the 3rd Degree: Between 1 - 4 grams
· Fine: Up to $10,000
· Prison sentence: Between 2 - 10 years
Felony of the 2nd Degree: Between 4 - 400 grams
· Fine: Up to $10,000
· Prison sentence: Between 2 - 20 years
Felony of the 1st Degree: 400 grams or more
· Fine: Up to $100,000
· Prison sentence: Between 5 - 99 years

Penalty Group 3: Anabolic steroids, Xanax, Lorazepam

Class A Misdemeanor: Less than 28 grams
· Fine: Up to $4,000
· Jail sentence: Up to one year
Felony of the 3rd Degree: Between 28 - 200 grams
· Fine: Up to $10,000
· Prison sentence: Between 2 - 10 years
Felony of the 2nd Degree: Between 200 and 400 grams
· Fine: Up to $10,000
· Prison sentence: Between 2 - 20 years
Felony of the 1st Degree: 400 grams or more
· Fine: Up to $50,000
· Prison sentence: Between 5 - 99 years

Penalty Group 4:Compounds with small amounts of codeine or opium

Class B Misdemeanor: Less than 28 grams
· Fine: Up to $2,000
· Jail sentence: Up to 180 days
Felony of the 3rd Degree: Between 28 and 200 grams
· Fine: Up to $10,000
· Prison sentence: Between two and ten years
Felony of the 2nd Degree: Between 200 and 400 grams
· Fine: Up to $10,000
· Prison sentence: Between two and twenty years
Felony of the 1st Degree: 400 grams or more
· Fine: Up to $50,000
· Prison sentence: Between five and 99 years

Domestic Violence

Rather than a specific offense itself, domestic violence is more of a descriptor of what would otherwise be a typical assault that involves a family member, a roommate, or someone the Defendant is in a dating relationship with. Domestic violence laws in Texas do however have one particular offense unique to them in the form of what is referred to as impeding breathing offenses. These are typically involving an allegation of strangulation, choking, or impeding breathing in some manner. Additionally, offenses alleging domestic violence allow for the granting of Magistrate's order of Emergency Protection (MOEP). The rules and laws for issuing a protective order in Texas can be found in the family code statute.

The other significant consequence of domestic violence charges is the fact that prior conviction of family violence may be used to upgrade a future domestic violence charge. If you have any questions about your domestic violence offense, contact us at 713-542-4983 for a free consultation.