Focus Areas
Driving Under the Influence (DUI) and Driving While Intoxicated (DWI)
DUI and DWI Levels of Offense:
Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) charges are categorized based on the level of impairment, BAC (blood alcohol concentration), and other circumstances. Here’s a summary of common offense levels:
Standard DWI: Applies when BAC exceeds the legal limit (usually 0.08%) or there is clear evidence of impairment.
Aggravated DWI: Involves significantly high BAC (0.15%+), reckless behavior, or endangering others, resulting in harsher penalties.
Underage DUI: Zero-tolerance laws penalize drivers under 21 for any detectable alcohol in their system.
Drug-Related DWI: Covers impairment caused by drugs, including prescription and illegal substances.
Felony DWI: Elevated charges for cases involving prior convictions, accidents causing injury or death, or driving with minors in the vehicle.
Understanding these levels is crucial to building a strong defense. Contact us today for expert legal representation and to protect your future.
Assault
Levels of Assault Charges:
Assault charges vary in severity based on the circumstances of the incident, the level of harm caused, and the intent behind the act. Here’s an overview of the common levels of assault offenses:
Assault Bodily Injury: Involves the bodily injury of someone without their consent. Typically charged as a misdemeanor.
Domestic Violence: Assault against a family or household member, this can include any member of a household such as a roommate or even partners that share a child/children.
Assault with a Deadly Weapon: Using or threatening with a weapon, even if no injury occurs, elevates the charge and penalties.
Felony Assault: Involves serious physical harm, repeat offenses, or specific circumstances like attacking a protected class (e.g., law enforcement).
Possession
Levels of Possession Charges:
Possession charges vary depending on the type and amount of substance, intent, and other circumstances. Here’s a breakdown of common possession offense levels:
Drug Paraphernalia Possession: Having items used for drug consumption, such as pipes or syringes. This is typically a Class C Misdemeanor.
Possession of Marijuana: Having any amount of marijuana or THC product which can range from a Class B Misdemeanor up to a 1st Degree Felony depending on the amount.
Possession of Controlled Substance: Having any sort of prescription or controlled substance in your possession. Can range from a State Jail Felony up to a 1st Degree Felony.
Possession of Prescription Drugs Without a Prescription: Unauthorized possession of medications such as opioids or stimulants, which can result in a felony charge.
Possession with Intent to Distribute: Possessing large quantities of a substance, packaging materials, or other evidence of distribution, can enhance the charge.
Unlawful Carry of a Weapon
Unlawful Carry of a Weapon:
Unlawful Carry of a weapon involves the possession of a firearm in 2 different situations:
- During the commission of another crime: an individual is arrested for another crime, such as Driving While Intoxicated or Possession, which can result in this additional charge.
- Under the age of 21: In Texas, you must be over the age of 21 years old to possess a Firearm
Theft
Levels of Theft Charges:
Theft charges are categorized based on the value of the property stolen, the method used, and other factors. Here’s a breakdown of common types of theft offenses:
Theft: Stealing items of low value $100 to $2,500 is a Misdemeanor. Anything from $2,500 to $30,000 is a State Jail Felony. Anything $30,000 and above will result in a felony.
Burglary: Entering a building or property with the intent to commit theft or another crime. This is a felony charge.
Robbery: Theft involving force, threats, or intimidation. This is a more serious offense, typically charged as a felony.
Receiving Stolen Property: Possessing or buying stolen goods, even if you didn’t commit the initial theft, can result in felony charges.
Indecency
Levels of Indecency Charges:
Indecency offenses involve inappropriate or unlawful sexual behavior that violates public decency or morals. Here’s a breakdown of common types of indecency charges:
Indecent Exposure: The intentional exposure of private body parts in a public place or to others without consent. Typically a misdemeanor, but can be elevated to a felony in certain circumstances.
Indecent Assault: A non-consensual act of sexual touching or groping that does not involve penetration. Often classified as a misdemeanor in Texas
Indecency with a Child: Engaging in inappropriate sexual conduct with a minor, including sexual contact or exposure. This is a serious felony charge, often carrying severe penalties.
Lewd Behavior: Engaging in sexually inappropriate actions in public or in the presence of others, such as public masturbation or lewd gestures.
Murder
Levels of Murder Charges:
Murder charges are the most serious criminal offenses and vary based on intent, circumstances, and the degree of the crime. Here’s an overview of common murder charges:
First-Degree Murder: The most severe form of murder, typically involving premeditation, deliberate planning, and intent to kill. It often carries life imprisonment or the death penalty, depending on the jurisdiction.
Manslaughter: A lesser charge than murder, often involving a killing that occurs in the heat of passion or as a result of reckless behavior, without intent to kill. Penalties range from probation to significant prison time.
Criminally Negligent Homicide: Occurs when someone causes the death of another individual through an act of recklessness, usually charged as a state jail felony but there can be aggravated circumstances that enhance the charge.
Felony Murder: Occurs when someone is killed during the commission of a felony, such as a robbery or burglary, even if the killing was unintentional. This charge carries serious penalties, including life sentences.
Vehicular Manslaughter: Involves the death of a person caused by reckless or negligent driving, often under the influence of alcohol or drugs.
Capital Murder: A specific form of first-degree murder that involves particularly aggravating factors, such as the murder of a law enforcement officer or a child. It may carry the death penalty or life imprisonment without parole.
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