Criminal Defense Attorney San Marcos, TX

Understanding Criminal Charges In Texas

No one in Texas can press charges against you, such as the accuser or victim. When the police arrest you, the case is delivered to the prosecutor’s office for review. It is at this time they may file charges against you.

Knowing that just being arrested can be a serious problem, even if charges are not filed, is critical. For instance, with domestic violence, an angry partner could send the police to arrest you on bogus charges to scare you. If this happens to you, your fate could be in the hands of the prosecutor, even if you are innocent.

Our San Marcos criminal defense attorneys can fight for your rights. We can help you to build a case to convince the state not to file charges.

Theft crimes

You may be charged with theft in Texas if you engage in forgery, fraud, or shoplifting. Remember that theft is a moral turpitude crime, which means it can damage your ability to obtain employment. It also can affect whether a jury will believe your testimony.

Depending on the number of goods involved, theft may be charged as a Class C misdemeanor or up to a first-degree felony. A first-degree felony can be charged if what you stole was worth $200,000 or more. Your attorney may try to contest the charges by noting there is a mistake of fact, lack of intent, or the crime was committed under duress.

Drug charges

Most drug crimes in Texas have harsh penalties. You can be charged with a serious drug crime for possessing, selling, or manufacturing marijuana, cocaine, heroin, or methamphetamines. Depending on the drug and quantity, you can be charged with a felony or misdemeanor, and those variables affect the prison term.

DWI Crimes

There are a variety of alcohol-related vehicular crimes and drunk driving offenses in Texas:

• Driving While Intoxicated (DWI) – First Offense (Texas Penal Code §49.04): A person commits a DWI offense if they operate a motor vehicle in a public place while intoxicated. A first-time DWI offense is typically a Class B misdemeanor, punishable by a fine of up to $2,000, a jail term of up to 180 days, or both. Additionally, the offender may face license suspension, probation, mandatory alcohol education programs, and installation of an ignition interlock device.
• DWI – Second Offense (Texas Penal Code §49.09): If convicted of a second DWI offense within ten years of the previous conviction, the penalties escalate significantly. A second DWI offense is a Class A misdemeanor, carrying a fine of up to $4,000, a jail term of up to one year, or both. The offender may face longer license suspension, mandatory alcohol treatment programs, and extended probation.
• DWI – Third or More Offense (Texas Penal Code §49.09): Subsequent DWI offenses are considered felonies in Texas. A third or subsequent DWI offense is a third-degree felony, punishable by a fine of up to $10,000, a prison term of 2 to 10 years, or both. The offender may also face mandatory license suspension, ignition interlock device requirements, and other severe consequences.
• Intoxication Assault (Texas Penal Code §49.07): Intoxication assault occurs when a person operates a motor vehicle while intoxicated, causing serious bodily injury to another person. This offense is a third-degree felony, carrying a fine of up to $10,000, a prison term of 2 to 10 years, or both. The offender may also be subject to driver’s license suspension, mandatory ignition interlock device installation, and other legal ramifications.
• Intoxication Manslaughter (Texas Penal Code §49.08): Intoxication manslaughter involves causing the death of another person while operating a vehicle under the influence of alcohol or drugs. It is a second-degree felony, carrying a fine of up to $10,000, a prison term of 2 to 20 years, or both. In addition to potential license suspension and ignition interlock device requirements, a conviction for intoxication manslaughter can have life-altering consequences.

Sex crimes

Texas sex crimes include sexual assault, rape, child molestation, indecency with a child, child abuse, child pornography, indecent exposure, and public lewdness. There is a tremendous amount of negative stigma with sex crimes, especially involving children. If you are convicted, you may have to register as a sex offender when you get out of jail. Being forced to register as a sex offender can affect your ability to get a job and where you live.

In Texas, online solicitation of minors sounds like a sex crime, but it technically falls under property crimes. Anyone who is 17 or older commits this crime when they have communicated in a sexual manner with someone who is under 17, or the offender thinks the person is under 17.

This crime can occur by text, email, other electronic messaging, and commercial online services. This offense has occurred whether or not you actually met the person. Anyone who participates in this crime faces a third-degree or second-degree felony charge.

Assault and other violent crimes

Violent crimes such as assault usually lead to tough penalties. If a deadly weapon is involved, you may be sentenced to years in prison. Some of the most common violent crimes are homicide, assault, robbery, domestic violence, and aggravated assault. Your attorney may argue that your actions were self-defense or acting in defense of others.

Other violent crimes with serious penalties in this state are:

• Manslaughter: This is charged when you kill someone in Texas without intent. You did not disregard the person’s life, but you still took an action that took their life. You might be charged with this crime if you were drunk and hit someone with your vehicle. Manslaughter does not usually result in life in prison, but you could get between two and 20 years.
• Aggravated robbery: This is a first-degree felony because it involves using a deadly weapon. If there is no weapon, it is a simple robbery. Being convicted of aggravated robbery can sometimes lead to a life sentence, depending on your criminal history.
• Arson: Setting any property on fire in the state can lead to an arson charge. If someone perishes in the fire, you might be charged with a first-degree felony of arson causing death. You will get at least five years in prison, and life in prison is possible.

Juvenile crimes

A minor’s mistake should not hamstring them for life, but it can be bad news if your child is charged with a serious crime and doesn’t get an effective attorney. You can be charged in Texas for a crime in juvenile court between the ages of 10 and 17, and the charges can range from Class C misdemeanors to murder. After the child turns 17, they can also be charged in adult court.