Criminal Defense - Page 6
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location1433 3rd St, Floresville, TX 78114

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TX defense lawyerAssault charges in Texas are divided up into different offense levels, from Class C misdemeanors to first-degree felonies. The general definition of an assault under our state’s law is injuring or threatening to injure another person or making provocative or offensive contact with another person. From there, there can be facts and circumstances that make the offense of assault more serious, or less serious. The exact type of assault you are charged with can depend on any number of things. If you are facing any type of assault charge, it is important that you take the situation very seriously. Having even a less serious misdemeanor assault on your record can close doors. Your first step is contacting a good criminal defense lawyer.

What Are the Types of Misdemeanor Assault?

Misdemeanor assault charges are typically brought when the victim had only very minor injuries or no injuries. Common levels of misdemeanor assault charges include:

  • Class C - The least serious level of assault is charged when either a threat was made, or a provocative or offensive, but not harmful, physical contact was made.
  • Class A - Assault is charged as a Class A misdemeanor when the defendant caused some type of bodily injury, but there are no aggravating factors present. Provocative or offensive contact can also be charged as a Class A misdemeanor if certain circumstances are present, like if the victim is a senior citizen.

While not great to have on your record, these types of assault are treated as less serious.

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TX drug crimes lawyerA conviction for drug possession carries some very negative stereotypes. Even if it is not true, you could be labeled an addict or habitual user. You could have trouble finding rental housing because landlords are reluctant to rent to people they suspect may use or keep drugs in the property. Even if you are only charged with a misdemeanor, a drug conviction could have a serious impact on your life. Fortunately, there are a number of strategies an attorney may be able to use to help you avoid a conviction. If you are facing drug possession charges, it is important to speak to a qualified attorney right away.

What Are Some Defenses Used in Drug Possession Cases?

Just because there were illegal drugs in your vicinity does not necessarily mean that a possession conviction is a sure thing. Some defense strategies your lawyer may use include:

  • Illegal search - The Fourth Amendment to the U.S. Constitution bans unlawful searches. Any evidence found during an unlawful search cannot be used against you in court. Your lawyer will evaluate the circumstances under which you were found with drugs in your possession to determine whether the police had a legal right to search you.
  • Legal possession - It is legal to possess your own prescription drugs. People with prescriptions for a narcotic are sometimes arrested in error, particularly when they are carrying pills that are not in the original prescription bottle with their name on it. Compassionate Use Program patients have also been mistakenly arrested for lawfully carrying low-THC products.
  • Lack of knowledge - While the “these are not my pants” defense rarely succeeds, there are plenty of situations in which a person may legitimately not know that there is an illegal substance in their vicinity. This is common in vehicles. If your grandma left her prescription painkillers in your backseat by accident, you might not notice until the police find them. If you are driving a borrowed vehicle, you probably did not search it thoroughly first.
  • Improper testing - DUI cases are often dismissed because the police failed to follow proper testing procedures. Drug cases can be dismissed for the same reason. The state must conduct laboratory testing on the alleged drugs to prove that they are actually illegal substances. In one famous case, a man was arrested for possessing “methamphetamine” that turned out to be residue from a glazed donut.
  • Diversion - In some cases, your best option may be to enter a diversion program. In this type of program, you may be required to complete rehabilitation and probation, but the case can ultimately be dismissed.

Call an Atascosa County Drug Possession Defense Lawyer

BRCK Criminal Defense Attorneys can defend you if you have been charged with drug possession. Our Jourdanton drug possession defense attorneys are skilled at building strong defenses in drug cases. Call 830-769-1010 for a free consultation.

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TX defense lawyerYou probably do not want to go to either jail or prison. These punitive facilities are intentionally designed to be unpleasant, to say the least. If you have already been arrested and charged with a crime, then you are probably familiar with jail. Prisons, on the other hand, are exclusively for those who have already been convicted of felonies. Your best bet is to do everything you can to avoid landing in prison, starting with finding an experienced criminal defense attorney.

What Are Jails Used For?

Jail is where arrestees are taken and held until they are able to bond out - if they are able to bond out. Generally, people are taken to local city jails, frequently attached to a police station, right after arrest. City jails are generally designed to hold arrestees for very short periods of time - usually, over the weekend until they can see a judge on Monday at most.

However, those who are unable to bond out may be sent to a county jail, which is larger and better equipped to keep inmates for somewhat longer periods of time. There are instances where people have sat in a county jail for years on end waiting to be tried. Quite a few jail inmates have yet to be convicted of any crime and are supposed to be presumed innocent.

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TX defense lawyerSex crimes are widely regarded as some of the worst. No other type of offense leaves you with the same kind of stigma or results in the same kind of potentially lifelong restrictions. Sex offenders are likely to struggle with the consequences of their convictions for the rest of their lives. Depending on the level of the offense, you may be subjected to embarrassing notification requirements or barred from living in certain places. The impact of being registered as a sex offender on your life can be intense.

If you are facing sex crime charges, the importance of finding an aggressive attorney and building the best possible defense cannot be understated. Prison time is just the beginning of the consequences should you be convicted.

5 Facts Sex Crime Defendants Should Be Aware Of

If you are facing felony sex crime charges, there is a lot at stake. Your entire future is in jeopardy. It is important that you know:

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TX defense lawyerBeing charged with a felony is scary. There is a lot more at stake in felony prosecutions - you could go to prison for more than a year, and the social repercussions of a felony conviction can be lifelong. Having a felony on your record can exclude you from educational and career opportunities, and even make it difficult to find housing. Some felonies are fortunately relatively rare, but others are much more common than you may realize.

If you are facing one of these felony charges, rest assured that you are not alone. Seeking out a well-qualified criminal defense attorney would be a wise move. In some cases, felony charges can be reduced to misdemeanors when the case is carefully handled.

Which Felonies Are Most Commonly Prosecuted in Texas?

While a misdemeanor record can certainly cause some problems, a felony conviction will have a serious impact on your life. Some people, after being arrested, are surprised to learn that they have been charged with a felony over what they believed was a relatively non-serious offense. Common felonies Texans are charged with include:

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