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Criminal Defense












Once you have been charged with a crime, the timeline is running.  The State wants to take your liberty and property. In order to successfully defend felony, misdemeanor or DWI charges against you, complex rules must be stringently followed and action promptly taken. Rules must be adhered to. Certain defense strategies may be time sensitive and no longer in existence after a period of time. Favorable evidence critical to your defense, if it exists, must be identified and located.

A criminal conviction can impact you for the rest of your life. Any conviction could have long term ramifications such as:

  • Securing employment
  • Job termination
  • License restriction
  • Right to vote
  • Removal or deportation from the United States
  • Right to possess and use firearms

Our attorneys can hit the ground running with your case to protect your rights and provide you with a vigorous and attentive defense.

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What are typical punishments for felonies and misdemeanors?

The jail time in the State of Texas for crimes is based upon their class according to the following chart:

Felonies

Capital felony

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Life or Death, $10,000 fine

1st Degree felony

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5-99 years or life, $10,000 fine

2nd Degree felony

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2-20 years, $10,000 fine

3rd Degree felony

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2-10 years, $10,000 fine

State jail felony

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180 days-2 years, $10,000 fine

Misdemeanors

For a Class A misdemeanor

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Up to 1 year, $4,000 fine

For a Class B misdemeanor

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Up to 6 months, $2,000 fine

For a Class C misdemeanor

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$500 fine

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Driving While Intoxicated Defense

  • A DWI Conviction can cost you!
    • Up to 6 months in jail for a first offense
    • Up to a $2,000.00 fine
    • A suspended driver’s license
    • $1,000.00 Surcharge per year for three years from DPS
    • Increased Auto, Health  and life Insurance
    • Employment problems
  • Let us Fight for Your Acquittal
    • Driver’s License
      • You have 15 days from the date of your arrest to hire a lawyer to keep your license from being suspended
      • We can help you get an occupational license

    • Fight the Field Sobriety Tests
      • Horizontal Gaze Nystagmus
        • Did you know there are 47 causes of HGN other than alcohol?  

      • Balance Tests
        • Was the Officer Was Not Properly Trained?   
        • Did the Officer correctly perform the tests?  
        • Did the Officer have you Perform The Tests Under Improper Conditions?  
        • Your Age, Weight or Disability May make you An Improper Candidate For Tests?

    • Intoxilyzer 5000
      • The Breath Test is Not Infallible
        • Was the Machine Calibrated?
        • Was the Test Given Correctly? 

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Possession of Drugs Defense
Drug offenses under the Texas Penal Code or the Health and Safety Code are very serious. The tactics one must use to defend the innocent person charged with a drug offense continually change. Initially one has to determine with what the defendant is charged through the confusion  of legal definitions.

The criminal defendant should know that possession is defined in two separate places in the criminal laws of Texas.

Possession is defined as "actual care, custody, management or control." Additionally, possession under the law must be a voluntary act. Under the law possession is voluntary when the defendant "is aware of the thing possessed for a sufficient amount of time in order to terminate its possession."

With regard to Marijuana, possession must consist of a "usable quantity" -- resin in a pipe would not be enough (but it may be possession of drug paraphernalia). Possession of controlled substances other then marijuana (e.g. cocaine, meth, extascy, lsd) is based on weight of the alleged substance or number of "abuse units". The controlled substance weight includes any dilutants and adulterants.

The State cannot always prove the voluntariness (or lack thereof) of a possession offense or the affirmative link between the illegal substance and the defendant. Under Texas law mere presence is not enough.

Why You Need an Attorney:
Possession charges must be dealt with aggressively because a conviction could mean a driver's license suspension and/or could have a disastrous effect on future educational and employment opportunities.

Such a conviction could bar one from holding certain jobs (teacher, peace officer). Additionally, non-US Citizens (including permanent residents) are subject to deportation or removal proceedings even if the non-citizen receives a deferred adjudication in a felony drug case.

Punishment Maximums set by the Legislature
(if the State has enough evidence to convict) are as follows:


Possession of Controlled Substance
Penalty Groups 1 and 2 (e.g. Cocaine, Methamphedimine, Heroin -- Illegal / Prohibited Substances)

Amount of Controlled Substance Alleged

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Offense Grade

Maximum Punishment Range

Less than one gram

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State Jail Felony

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A minimum punishment of 180 days and a maximum punishment of 2 years in a state jail facility and optional fine not to exceed $10,000.00

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One gram or more but less than four grams

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3rd Degree Felony

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A minimum of two years and a maximum of ten years in the Texas Department of Criminal Justice and an optional fine not to exceed $10,000.00

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Four grams or more but less than 200 grams

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2nd Degree Felony

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A minimum of two years and a maximum of 20 years in the Texas Department of Criminal Justice and an optional fine not to exceed $10,000.00

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More than 200 grams

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1st Degree Felony

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A minimum of five years and a maximum of 99 years or life in the Texas Department of Criminal Justice and an optional fine not to exceed $10,000.00

Marijuana Possession

Usable Quantity of Marijuana Alleged

Offense Grade

Maximum Punishment Range

Less than two ounces

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Class B Misdemeanor

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Up to 180 days in the County Jail and/or a fine of $2000.00

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Two ounces or greater up to but less than four ounces

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Class A Misdemeanor

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Up to one year in the County Jail and / or a fine of up to $4000.00

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Four ounces or greater but less than five pounds

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State Jail Felony

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A minimum punishment of 180 days and a maximum of 2 years in a State Jail Facility and an optional fine not to exceed $10000.00

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Address: 802 Mulberry, Abilene, Texas 79601   Phone: (325) 437-3737