Understanding Criminal Charges in Texas
When someone is charged with a crime, the process typically begins with an arrest or investigation, followed by potential court proceedings that can lead to fines, probation, or incarceration. The severity of a sentence depends on various factors, including the nature of the offense, prior criminal history, and whether aggravating circumstances are present.
When you’re facing criminal charges in Dallas, you need a capable and experienced defense attorney like Mike Howard to help you. Call (214) 296-2221 to schedule your free initial consultation.
Common Criminal Charges in Texas
Getting arrested for alleged criminal behavior can be overwhelming. Understanding how the law defines certain crimes can give you a better understanding on your situation, and how Attorney Mike Howard can help you.
Domestic Violence Charges in Texas
Texas law defines domestic violence as any act of physical harm, bodily injury, assault, or a threat that causes a reasonable fear of imminent harm against a family or household member. This includes spouses, former spouses, romantic partners, parents, children, or individuals living in the same household. Unlike other types of assault charges, domestic violence cases often result in immediate protective orders that may restrict contact between the accused and the alleged victim.
Domestic violence charges can range from misdemeanor assault to felony aggravated assault. If the case involves serious bodily injury or the use of a weapon, the offense is considered aggravated and carries harsher penalties. In addition to criminal consequences, domestic violence allegations can affect parental rights, employment, and firearm possession. Even if the alleged victim does not wish to press charges, Texas prosecutors have the authority to move forward with the case based on available evidence.
Illegal Drug Charges in Texas
Texas has some of the strictest drug laws in the country, regulating controlled substances through a classification system that assigns penalties based on the type and amount of the drug involved. Drug offenses include possession, distribution, manufacturing, and trafficking.
Possession of a controlled substance is one of the most commonly prosecuted drug crimes in Texas. The penalties vary depending on the drug category and quantity. For example, small amounts of marijuana may result in misdemeanor charges, while possession of substances like methamphetamine, cocaine, heroin, or fentanyl often leads to felony charges. Cases involving the intent to distribute or manufacture controlled substances carry more severe penalties, including mandatory minimum prison sentences in some situations.
Texas law also has strict penalties for prescription drug offenses. Unauthorized possession, prescription fraud, and illegal distribution of medications such as opioids or benzodiazepines can lead to serious criminal charges. In some cases, alternative sentencing options like drug diversion programs or probation may be available for first-time offenders.
Driving While Impaired (DWI) in Texas
Driving while impaired by alcohol or drugs is a serious offense in Texas. A driver is legally intoxicated if their blood alcohol concentration is 0.08% or higher, but impairment can be presumed even at lower levels if the driver shows signs of being unable to operate a vehicle safely. Texas enforces strict penalties for DWI convictions, with consequences increasing based on prior offenses and other aggravating factors.
A first-time DWI offense typically results in fines, license suspension, and possible jail time. Subsequent offenses carry harsher penalties, including longer license suspensions, ignition interlock requirements, and mandatory alcohol education programs. Cases involving high blood alcohol concentration, accidents with injuries, or intoxication manslaughter can lead to felony charges with lengthy prison sentences.
Property Crimes in Texas
Property crimes involve the unlawful destruction or unauthorized entry into another person’s property. These offenses include burglary, arson, criminal mischief, and trespassing.
Burglary occurs when a person unlawfully enters a building with the intent to commit a crime, such as theft or assault. If the building is a residence, the charge is more severe, and penalties increase significantly if a weapon was involved or if someone was present at the time of the break-in.
Arson involves intentionally setting fire to a structure, vehicle, or open land. The severity of the charge depends on factors such as whether the fire caused injuries or damage to an occupied building.
Criminal mischief includes acts of vandalism, graffiti, or destruction of property. Depending on the extent of the damage, the offense may be classified as a misdemeanor or felony.
Theft Crimes in Texas
Theft crimes involve unlawfully taking someone else’s property with the intent to permanently deprive them of it. Texas classifies theft charges based on the value of the stolen property.
Misdemeanor theft applies when the value of the stolen property is less than $2,500. Cases involving larger amounts result in felony charges, which can lead to prison sentences. Special categories of theft, such as identity theft, credit card fraud, and embezzlement, involve additional legal considerations and often carry harsher penalties.
Sexual Offenses in Texas
Texas enforces strict laws regarding sexual offenses, with convictions leading to severe legal and social consequences. Crimes such as sexual assault, indecent exposure, child pornography, and online solicitation of a minor are aggressively prosecuted.
Sexual assault is defined as any non-consensual sexual contact or penetration. In cases where the victim is a minor, elderly, or incapacitated, penalties are more severe. Many sexual offenses also require mandatory registration as a sex offender, which can impose long-term restrictions on housing, employment, and personal freedoms.
Violent Crimes in Texas
Violent crimes include offenses such as assault, robbery, kidnapping, and aggravated assault. These crimes often involve the use of force, threats, or weapons, leading to serious legal consequences.
Assault charges range from simple misdemeanor assault, which involves bodily injury or threats, to felony aggravated assault, which includes the use of a deadly weapon or the infliction of serious injuries. Texas law allows for enhanced penalties if the victim is a police officer, emergency worker, or public servant.
Robbery involves using force or threats to take property from another person, while aggravated robbery includes the use of a weapon or causing serious harm to the victim.
Murder Charges in Texas
Texas prosecutes homicide offenses under different categories, including murder, capital murder, and manslaughter.
Murder involves intentionally causing the death of another person. Depending on the circumstances, penalties can range from life imprisonment to the death penalty. Manslaughter, a lesser charge, applies in cases where a person’s reckless actions cause another’s death.
Capital murder cases involve specific aggravating factors, such as the killing of a police officer, multiple victims, or murder committed during another felony. These cases carry the most severe penalties under Texas law.
Weapons Charges in Texas
Texas has laws allowing firearm ownership, but certain weapons offenses can lead to criminal weapons charges. Unlawful possession of a firearm, carrying a weapon in a prohibited area, or using a firearm during a crime can result in felony charges.
Federal firearms laws also apply in some cases, particularly when a person is accused of illegal gun trafficking or possessing a firearm as a convicted felon.
FAQs about Criminal Defense in Texas
What happens after an arrest in Texas?
After an arrest, the individual is taken into custody and may be booked into jail. A magistrate will determine bond eligibility, and court proceedings will follow, including arraignment and pre-trial motions.
Can charges be reduced or dismissed?
In some cases, charges may be reduced or dismissed based on the strength of the evidence, procedural errors, or successful negotiation with the prosecution.
What are the long-term consequences of a criminal conviction?
A conviction can lead to a criminal record, affecting employment, housing, and professional licensing. Some convictions also carry mandatory registration requirements or restrictions on firearm possession.
Why Should I Call a Criminal Defense Attorney in Dallas?
When you’ve been arrested for a crime in Dallas, you could be assigned a public defender or choose to hire a private defense attorney. Criminal defense attorneys do admirable work, but they are typically overscheduled and busy. Their case volume means they don’t usually have the time or resources to give your case their full attention.
A private defense attorney like Mike Howard knows how precarious your situation is. He has a client-first mindset. He listens to your case and finds out what you need. His team finds the best solution possible and walks you through the steps to get the best result possible. Mike knows Dallas’ courts, and he’s ready to help you fight for your future.
Contact a Dallas Criminal Defense Attorney Now
Speed is important when you’re fighting against criminal charges, especially if you can prove you did not commit the crime you’re accused of. Attorney Mike Howard and his team understand how critical it is to move quickly in criminal situations. They will back you up and help you fight for your freedom.
To Mike and his team, you are not just another case number or a list of charges. As a person, you have the right to defend yourself, and Mike wants you to have the best chance possible in court. Call (214) 296-2221 to schedule your consultation or use our online form.
