Criminal Defense Attorney in New Braunfels Helping Clients Fight Back Against Their Charges

Felonies are more serious than misdemeanors and can carry longer prison sentences, higher fines, and more severe penalties. Texas classifies felonies in degrees – a first-degree felony being the most serious type of felony with the potential of resulting in a life sentence in prison. However, a misdemeanor is still a criminal charge and should not be taken lightly, as it can still result in hefty fines and jail time in some cases. Certain misdemeanors can also be charged as felonies when aggravating circumstances apply, such as the use of a deadly weapon.

In Texas, a criminal conviction can result in fines, probation, or jail time, depending on the severity of the case. More serious charges, such as first-degree felonies, can also lead to a life sentence in prison, and capital felonies, such as certain types of murder, could also lead to the death sentence. Additionally, even a minor criminal conviction, such as a Class C Misdemeanor, can have lasting effects on a person’s future. Having a criminal record may be damaging to one’s reputation and make it more difficult to obtain employment, housing, or educational opportunities.

In Texas, the elements of a criminal offense include, at a minimum, that an individual intentionally or knowingly committed an act prohibited by law and that the act of commission was punishable by law. In other words, the person knew that what they were doing was unlawful and wrong. For example, if an individual burglarizes a home to steal things while being aware of the fact that their actions are breaking the law, he may be charged and convicted of a criminal offense.

Some of the most common defenses to criminal charges in Texas include insanity, lack of intent, and self-defense. If a defendant pleads insanity, the defendant claims that they committed the crime, but their mental illness or incapacity makes them unable to distinguish right from wrong and thus cannot be guilty of the crime. Lack of intent is a strategy in which the defendant claims they had no criminal intent to commit the crime and their actions were accidental or due to intoxication, for example. Finally, a defendant may also try to argue that they acted in self-defense and used deadly force to respond to a threat that caused them fear of death or bodily harm.

In some cases, a skilled criminal defense attorney may be able to get a client’s criminal charges dismissed. This can be done in many ways. The most common strategies to have criminal charges dropped or dismissed can include questioning the validity of the prosecution’s evidence and obtaining deferred adjudication. By questioning the validity of the prosecution’s evidence and arguing that they were obtained illegally and in a way that violated the defendant’s constitutional rights, the evidence may need to be suppressed from the case. Through deferred adjudication, the defendant is given a chance to avoid criminal charges by following the requirements set forth by a judge.

Probation is a court order for a defendant to serve a sentence in the community instead of serving time in jail or prison. Certain defendants who are given deferred adjudication probation may avoid criminal charges altogether upon successful completion of all probation terms. Parole is the release of a prisoner before the completion of their sentence. Both probation and parole require the defendant to follow specific rules and restrictions, such as not committing another criminal offense or obtaining authorization before leaving the county or state.

There are two different options to remove an offense from your criminal record in Texas: expunctions and non-disclosures. A criminal offense that is expunged is completely erased, and all related files are destroyed, while a non-disclosure makes the information about the criminal offense unavailable for the public, and only law enforcement may be able to access it. There are very specific requirements for a person to be eligible for expunction of their records, such as having no new criminal charges filed against them or being charged and later acquitted during an appeal. It is always a good idea to consult an attorney to learn whether your criminal case is eligible for expunction or non-disclosure.

There are a few different alternative sentences to jail or prison in Texas, such as community service, probation, and fines. These alternatives can be less damaging to a person’s life and future prospects as some defendants may be able to avoid spending time behind bars or having a criminal record if they abide by the rules of their alternative sentence, such as showing up to classes or required meetings and staying sober. However, it is important to consult an attorney in order to weigh the risks and benefits of each option before making a decision.