Felonies
Murder
Capital Murder, Murder, Manslaughter, and Criminally Negligent Homicide are all types of homicides that occur when a person intentionally, knowingly, or negligently causes the death of another individual. These are the most serious of offenses and can cause a person to be incarcerated for decades or for life without parole. It is critical that a person charged with Capital Murder, Murder, Manslaughter, and / or Criminally Negligent Homicide work with an experienced criminal defense attorney as quickly as possible. An experienced criminal defense attorney may be able to establish a defense such as mistake, accident, sudden passion, or insanity. An experienced criminal lawyer will also be able to develop beneficial evidence that can sway a jury in a defendant’s favor when they assess punishment. The legislature has ordered Texas judges to give priority to homicide trials, so it is critical for a defendant to hire an experienced criminal defense attorney as quickly as possible in order to immediately start developing a defense strategy.
Robbery / Aggravated Robbery
Aggravated Robbery and Robbery are Theft related felonies involving bodily injury to a victim, the threat of bodily injury, or a theft in which a deadly weapon is displayed. Aggravated Robbery and Robbery are felonies punishable by up to decades in prison. An experienced criminal defense attorney can help defend a person charged with these serious offenses, and possibly get the charges dismissed, by investigating the facts of the allegations and seeing if a defense can be developed involving a bad or mistaken identification, a faulty witness statement, or the motivation of a witness to lie. Juries and judges can assess harsh punishments for Aggravated Robbery and Robbery when they believe the victim is someone worthy of extra protection, such as someone who is young, elderly, or disabled. Judges and juries can also be less harsh in assessing punishment if the defendant is young. It is necessary to work with an experienced criminal defense attorney to investigate all of these punishment factors as quickly as possible.
Theft
Theft is one of the most commonly charged criminal offenses. A person commits theft when they unlawfully appropriate property with the intent to deprive the owner of the property. Appropriation is unlawful when it is done without the owner’s effective consent or if the property is stolen and the person charged with theft knows that it was stolen. Theft can be charged as a fine-only misdemeanor or come with a punishment of up to life in prison depending on the value of the item or items stolen. Theft is a serious offense and can affect a person’s ability to get a job, rent an apartment, or serve on a jury, among other things. It is important to work with an experienced criminal defense lawyer to establish a defense to a theft charge, including an illegal police search, lack of evidence that the defendant knew the property was actually stolen, or that the State cannot prove the actual or correct value of the property. An experienced defense attorney may also be able to obtain a plea bargain offer from the State to dismiss the charge entirely in return for compensation to the owner and / or community service.
Burglary
Burglary is a felony offense that occurs when a person enters a home or building with the intent to commit, or commits, another felony, a theft, or an assault. Burglary of a Building, such as a garage or warehouse, is a felony punishable by six months to two years’ incarceration in prison. Burglary of a Habitation, such as a home, is punishable by two to 20 years’ incarceration in prison. An experienced criminal defense attorney can develop a defense of a person charged with Burglary by establishing whether the person charged actually had permission to be on the premises and/or had a greater right to the property alleged to have been stolen. Judges and juries often assess harsh punishments for people found guilty of burglary so it is important to hire an experienced criminal defense attorney to build a defense involving factors such as the youthful age of the defendant or the absence of any prior criminal history.
Possession of Child Pornography
Possession of Child Pornography occurs when a person knowingly or intentionally possesses, or knowingly or intentionally accesses with an intent to view, visual material that depicts a child younger than 18 at the time the image is made engaging in sexual conduct. Punishment can range from two years to life in prison depending on the number of visual depictions. Most often, law enforcement will need a warrant to access child pornography on a computer drive. An experienced criminal defense attorney can determine whether it is possible to mount a defense based on an improper warrant, if the accused is not more than two years older than the child, or the visual materials were accessed for a legitimate educational, medical, or psychological purpose.
Sexual Assault
Sexual Assault is the intentional or knowing nonconsensual penetration of the anus or sexual organ of another person. Aggravated Sexual Assault occurs when the victim suffers serious bodily injury, a deadly weapon is exhibited, or the victim is a child, disabled, or elderly. Sexual Assault and Aggravated Sexual Assault are punishable by up to decades in prison. An experienced criminal defense attorney will be able to develop a credible defense to these serious charges including consent, challenges to the credibility of the victim, and possible attacks on the results of DNA and other scientific evidence.
Human Trafficking
Human Trafficking occurs when a person knowingly traffics another person, and through force, fraud, or coercion causes the trafficked person to engage in a series of sexually related offenses including prostitution and promotion of prostitution. Human Trafficking is punishable by incarceration for decades and can become a life sentence if the person trafficked is a child. An experienced criminal defense attorney can negotiate a plea bargain to a lesser crime or possibly develop an affirmative defense involving evidence of duress.
Indecency With a Child
Indecency With a Child occurs when a person engages in sexual contact with a child younger than 17 years old, or causes the child to engage in sexual contact. Indecency With a Child also occurs when a person exposes their genitals when a child is present with an intent to sexually gratify, or causes the child to expose their genitals with the intent to sexually gratify. Sexual contact can include touching through clothing. An experienced criminal defense lawyer can develop a defense to Indecency With a Child based on the credibility of the victim as well as the absence of force or duress or a defense when there is not more than three years age difference between the victim and the defendant.
Assault of a Family Member
Assault of a Family Member occurs when a person intentionally, knowingly or recklessly causes bodily injury to a family member. The law defines family member to include a spouse, dating relationship, or a roommate. Assault on a Family Member becomes a felony punishable by two years to possibly decades in prison when the defendant chokes the family member or assaults a family member more than one time. An experienced criminal defense attorney is necessary to help a defendant in these emotional cases. Your lawyer can cause the State and a jury to question the accuracy of what was reported to the police and / or a witness’ credibility. A criminal defense attorney can also negotiate with the State to reduce the charge and / or obtain a plea bargain in which counseling, rather than incarceration, is the result.
Aggravated Assault
Aggravated Assault occurs when a person intentionally, knowingly, or recklessly causes serious bodily injury to another. Aggravated Assault also occurs when a person uses or exhibits a deadly weapon such as a firearm of a knife during the commission of an assault. Aggravated Assault is punishable by up to 20 years in prison, but can yield a penalty of up to life in prison if the person causes serious bodily injury to a family member and uses a deadly weapon during the assault, or if the victim of the Aggravated Assault is a public servant on official duty. An experienced criminal defense lawyer is necessary to mount a rapid defense to this serious charge. Your attorney can obtain the victim’s medical records to determine the true scope of their injuries, and obtain witness statements to assess whether the State can actually prove that a deadly weapon was exhibited. A criminal defense attorney may also be able to negotiate a plea bargain with the State that may result in no incarceration or a reduction in the charge to a misdemeanor. If the defendant is youthful or lacks a criminal record, your lawyer can also negotiate a plea bargain that would keep an Aggravated Assault charge from appearing as a reportable crime to potential employers.
Felony Possession of a Weapon
If a person who has been convicted of a felony offense possesses a firearm less than five years from their release from confinement, they can be charged with Felony Possession of a Weapon. After five years, the person commits a felony offense if they possess a firearm anywhere other than the premises in which they live. Felony Possession of a Weapon is punishable by incarceration up to 10 years. Often, Felony in Possession of a Weapon charges rely on searches by law enforcement that may be improper or eyewitness statements that are faulty. An experienced criminal defense attorney will also be able to determine if the prior felony conviction the State is relying on to prove that it is illegal to now possess a firearm is, in fact, an actual felony since some convictions from other states may not be felonies in Texas.
Possession of a Controlled Substance
Possession of a Controlled Substance is a felony offense punishable by anywhere from 6 months to life in prison depending on the amount of a controlled substance you are alleged to have been holding. Types of controlled substances include cocaine, methamphetamine, heroin, and PCP. It is important to work with an experienced criminal defense attorney when you are charged with Possession of a Controlled Substance as the police’s search could be illegal or the State may have a problem testing the drug evidence. Both could lead to the State reducing the charge or dismissing the case.
Credit Card Abuse
Credit Card / Debit Card Abuse occurs when a person with intent to obtain a benefit fraudulently presents or uses a credit card with knowledge that the card has not been issued to them and is not used with the effective consent of the owner. Credit Card / Debit Card Abuse can also occur when a person steals a Credit or Debit Card, or with knowledge that it has been stolen, receives a Credit or Debit Card with intent to sell it or use it. Punishment for Credit Card / Debit Card abuse ranges from six months to two years’ incarceration or possibly up to 10 years if the victim is elderly. An experienced criminal defense attorney will be able to develop a possible defense surrounding whether the defendant actually had consent. They may also be able to negotiate a plea bargain with the State resulting in no incarceration, particularly if the defendant is young or has no record or a limited criminal record.
Contact Kathryn
If you need someone to fight for you and your family, contact us today to find out how we can help. Board Certified by the Board of Texas Legal Specialization in both Criminal Law and Juvenile Law, Kathryn Kahle is here to set things right.