Misdemeanors
Possession of a Dangerous Drug
Possession of a Dangerous Drug under Texas law refers to a person possessing, or possessing with intent to sell, prescription medications without the actual prescription for the medication. Essentially, it is possession of a drug that the State believes is unsafe for self-medication. Dangerous Drugs include medications such as Pseudoephedrine (found in over the counter medications like Claritin D) and Dextromethorphan (a common ingredient in over the counter cold medicines like Tussin Cough). Possession of a Dangerous Drug is punishable by up to one year in county jail. An experienced criminal defense attorney will be able to assess the State’s allegations and determine whether it is possible to challenge the police’s search and / or seizure of the drugs as being illegal. Your lawyer may also be able to negotiate with the State to enter into a plea bargain.
Possession of Marijuana
Possession of Marijuana remains illegal in Texas even though it has been legalized or decriminalized in other States. In Texas, possession of a “useable quantity” of marijuana is punishable by up to six months in jail if less than two ounces, and up to four months in jail if greater than two ounces but less than four ounces. An experienced criminal defense attorney can help a person charged with Possession of Marijuana by determining whether or not the State’s case is strong. For example, a lawyer can determine whether or not the police’ search and / or seizure of the marijuana was lawful. An experienced criminal defense attorney will be able to negotiate with the State to enter into a plea bargain that would result in the completion of community service and / or classes and then dismissal of the case in order to keep the charge off of your record.
Carrying a Weapon
Texas laws regarding carrying firearms are complicated and full of exceptions. In Texas, a person can be punished by up to one year in jail if they carry a firearm when they are younger than 21 years old and within the preceding five years have been convicted of Sexual Assault, Disorderly Conduct, or Terroristic Threat and carried the firearm when they were not on, or on their way to, their own premises, automobile, or watercraft. The law contains multiple exceptions including if the person is licensed to carry a firearm and / or if the firearm is in plain view and holstered. Carrying a Weapon is punishable by incarceration of up to one year in jail. An experienced criminal defense attorney will be able to determine if one of the multiple exceptions to Carrying a Weapon apply. If an exception does not apply, your lawyer may be able to challenge the State’s evidence and / or negotiate a plea bargain that results in no jail time or final conviction.
Criminal Trespass
Criminal Trespass occurs when a person enters or remains on or in the property of another without effective consent and the person had notice that entry was forbidden and received notice to depart but failed to do so. Punishment for Criminal Trespass depends on where the trespass occurred, but generally, it is punished with up to six months in jail. Punishment can increase to a year in jail if the trespass occurs in a habitation or if a firearm is carried during the trespass. An experienced criminal defense attorney will be able to assess whether the State can actually prove that the accused did not have consent to be on the property and / or that they had notice to leave. Your lawyer may also be able to negotiate a plea bargain resulting in no jail time or conviction, particularly if the person charged is a youth.
Criminal Mischief
Criminal Mischief occurs when a person, without effective consent, intentionally or knowingly damages the property of another, tampers with the property of another and causes financial loss or substantial inconvenience to the owner, and / or makes markings, drawings, or paintings on the property of another. Punishment is assessed based on a value ladder. Punishment is a fine only offense if the value of the property is $100 or less, up to six months in jail if more than $100 but less than $750, and up to a year if more than $750 but less than $2,500. An experienced criminal defense attorney will be able to assess, and possibly challenge, the State’s evidence regarding the value of the damaged property. Also, an experienced defense lawyer will be able to negotiate with the State to see if a plea bargain is possible that would result in no jail time or a conviction if the owner is compensated for their loss. The State can be reluctant to convict a youthful defendant or a person with no criminal history for Criminal Mischief.
Prostitution
Prostitution occurs when a person knowingly offers or agrees to receive a fee from another to engage in sexual conduct. Prostitution also occurs when a person knowingly offers or agrees to pay a fee to engage in sexual conduct with another. Prostitution is punishable for the person agreeing to engage in sexual conduct by up to six months in jail, and possibly more time if the person has previously been convicted of prostitution. Punishment for the seeker of sexual services is tougher under Texas law, with incarceration for up to one year and possibly more if the person has a prior prostitution conviction or agreed to engage in sexual conduct with a person younger than age 18. An experienced criminal defense attorney will be able to assess whether the person allegedly receiving the fee is being coerced or promoted into prostitution, as is unfortunately often the case, and convince the State to dismiss the case. An experienced criminal defense attorney will also be able to determine of the State entrapped the person alleged to have offered to pay. Often, the State is willing to engage in a plea bargain in which the person charged takes AIDS / HIV classes or similar counseling in order to avoid a conviction.
Violation of a Protective Order
Violations of a Protective Order occur when a person, in violation of a condition of bond in a family violence, sexual assault, stalking, trafficking, or indecent assault case, commits a prohibited act against the protected person of a Court’s order. This prohibited act can be an act of family violence, going near the residence of workplace of the protected person, or communicating in a threatening or harassing manner toward the protected person. Frequently in a family violence case, the parties will reconcile while the protective order is in place. This does not matter, and you can still be charged with Violation of a Protective Order. Violation of a Protective Order is punishable by up to one year in jail and possibly more if the person has been previously convicted of Violation of a Protective Order or commits assault against the person protected by the order. An experienced criminal defense attorney is necessary to help a person charged with Violation of a Protective Order as courts tend to take violations of their orders seriously. Your lawyer will know whether the person charged actually had notice of the prohibited conduct and if the victim’s statement to law enforcement was accurate. An experienced criminal defense attorney will also be able to make an argument to the court that the current conditions of bond, including the amount of bail, that gave rise to the protective order should not be changed or raised.
Disorderly Conduct
Disorderly Conduct is a frequently charged offense in Texas and can be committed in multiple ways. Most commonly, Disorderly Conduct occurs when someone discharges a firearm in a public place other than a public road, or displays a firearm or other deadly weapon in a public place in a manner calculated to alarm. These forms of Disorderly Conduct are punishable by up to six months incarceration. An experienced criminal defense attorney will be able to assess whether the State has fully investigated all of the facts of the case, including whether the person charged displayed or discharged the firearm in self-defense. Your lawyer may also be able to negotiate a plea bargain with the State that does not involve a conviction but instead community service and / or weapons safety classes.
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.