Plano Criminal Defense Lawyer

What Do Defense Lawyers Do?

- How We Can Help

As criminal defense lawyers, we represent you as a defendant and give you the best fight possible. We help you:

• Know your rights
• Know when something is out of line
• Get respected and treated objectively by the justice system
• Understand your options
• Make informed choices
• Avoid anything that isn’t in your best interest

Having a lawyer on your side when you are a defendant is invaluable. If a judge deems you capable, you may represent yourself; however, this isn’t advisable for many reasons. There is so much on the line when you are being tried for a crime that it simply isn’t worth the risk for most people.

If you want sentencing reduced or eliminated altogether, a defense lawyer is your best bet. Most of our time will be spent diligently working behind the scenes on your case, examining evidence, working with other experts and filing any necessary motions. Most of the time, you won’t even have to go to court.

Below are examples of situations we can help you in.

Driving While Intoxicated in Texas

An individual is considered intoxicated if they lack the normal use of mental or physical faculties due to the ingestion of alcohol, drugs, or any other substance. Texas’s DWI laws prohibit motorists from operating a motor vehicle:

• with a blood alcohol concentration (BAC) of .08% or more (a “per se” DWI); or
• while intoxicated by drugs or alcohol.

Texas also has “zero tolerance” laws making it illegal for underage drivers (those under 21 years old) to operate a motor vehicle with any detectable amount of alcohol in their system.

Note that a motorist can get a DWI even without actually driving. The Texas DWI statute defines DWI as “operating” a vehicle while intoxicated or with a prohibited BAC. So, while driving is sufficient for a conviction, it isn’t required.

DWI penalties in the state vary based on the circumstances of the incident and can depend on how many prior convictions the offender has. For a 1^st offense, an individual could face up to 6 months in prison, up to $2,000 in fines, 90 days to 12 months of license suspension, and/or ignition interlock device use (IID) if they choose to obtain an occupational license. A 2^nd offense will warrant up to 12 months in jail, up to $4,000 in fines, 180 days to 2 years of license suspension, and IID use for 1 year.

Texas also operates under implied consent laws, which require all drivers lawfully arrested for a DWI to submit to a blood or breath test. Those who refuse testing could face license suspension for 180 days upon a first offense and 2 years for a second or third offense.

Drug Possession Laws

To be convicted of illegal possession of an illicit drug in Texas, a prosecutor must prove beyond a reasonable doubt that the defendant knowingly and intentionally possessed or had control over a controlled drug which they did not have a valid prescription or order for from a doctor for medical purposes.

Penalties for illicit possession will vary widely based on a few determining factors, such as:

• type of drug;
• quantity;
• how the drug was stored or concealed;
• possession of additional drug paraphernalia; and
• past convictions.

The penalty for possession is at the very least a Class B or Class A misdemeanor, which carries a penalty of up to 1 year in county jail and/or a fine of up to $4,000, depending on the type of drug at issue. For more dangerous drugs, the penalty can range from a third degree felony all the way up to a first degree felony. Be aware that the highest penalty given in Texas for drug possession is life or 99 years in prison and/or a fine of up to $250,000.

Note that the possession of marijuana may be classified as light as a Class B misdemeanor, carrying up to 180 days in jail and/or a fine of no more than $10,000 for possession of 2 ounces or less. This penalty can increase to life in prison and a fine of up to $50,000, though, for possession of over 2,000 pounds.

Assault and Aggravated Assault

In Texas, a person commits an offense of assault if they:

• intentionally, knowingly, or recklessly cause bodily injury to another;
• intentionally or knowingly threaten another with imminent bodily injury; or
• Intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will consider the contact as offensive or provocative.

Note that an assault is considered aggravated assault if it results in serious injury or involves use of a weapon in the commission of the assault.

Assault is considered a Class C misdemeanor if the person threatens another with bodily harm or causes physical contact in a provocative or offensive way, and this is punishable by a fine of up to $500. A Class B misdemeanor occurs if a person commits assault against someone who is a sports participant during a performance or in retaliation for a performance, and this carries up to 180 days in jail and/or $2,000 in fines. Such a threat of injury or offensive physical contact against an elderly individual constitutes a Class A misdemeanor punishable by up to 1 year in jail and up to $4,000 in fines.

Be aware that assault can also be charged as a 3^rd or 2^nd degree felony if committed against a public servant or family member, and this could carry up to 20 years in prison and up to $10,000 in fines.