Tag: felonies

Butler Law Firm Addresses the Differences Between the Charges You Could Be Facing

Posted by Butler Law Firm - The Houston DWI Lawyer on with 0 Comment

What Is The Difference Between A Misdemeanor And A Felony?

So much is put on the line when you are charged with any kind of crime. From court-ordered community service or classes to fines and imprisonment, as well as the long-term consequences that are associated with your record having a conviction on it, your future and freedom can be threatened by any type of criminal charge.

Our expert defense attorney Houston team here at Butler Law Firm have decades worth of combined experience in defending clients who have been charged with all kinds of federal and state crimes, including misdemeanors as well as felonies. Although we work aggressively on all cases that we handle, felonies and misdemeanors do have distinct differences between them that any person accused of a crime needs to know about.

In Texas, the major offense groups of crimes are felonies and misdemeanors. The classifications help to identify the seriousness of an alleged offense, and for determining what the potential punishment will be. gaminator mobile bonus free The following are some of the key differences between these two offenses:

Misdemeanors

The major defining characteristic for this offense it that the punishment does not exceed a one-year jail term – which typically takes place at a county jail. Despite the fact that all cases are different and punishment may be impacted by the specific circumstances that are involved, the common punishments carried by misdemeanors include the following:

  • Court fees, fines, and restitution
  • Court ordered treatment or classes
  • Community service
  • Imprisonment not exceeding a 1-year term
  • Probation

There are several different misdemeanor crimes in Texas, ranging from simple assault and shoplifting to a major of first and second DWIs. There are also three separate categories these misdemeanors are classified into that refer to the potential penalties and severity of the offense:

Class A Misdemeanor: Imprisonment terms of up to one year in jail and fines up to $4,000.

Class B Misdemeanor: Imprisonment terms up to 180 days in jail and fines of up to $2,000

Class C Misdemeanor: No jail time and fines of up to $500.

Felonies

Butler Law Firm | Felony DWI in Houston TexasIn a majority of states, felonies are usually classified as crimes that may result in spending one year or longer inside a state prison. If the offense was a federal crime then the prison sentence is at a federal penitentiary. Felonies in Texas include crimes that may be punishable by six months to life imprisonment terms and death in some cases. totó tippek sportfogadás Felonies are considered to be the most serious type of criminal offense. They may carry life-changing and severe penalties including:

  • Restitution / large fines
  • Court ordered treatment or classes
  • Probation
  • Loss of civil rights privileges (gun ownership, voting)
  • Lengthy imprisonment terms

In addition to harsh penalties that the court hands down, another thing that is notable about felonies is they can seriously limit opportunities for conviction individuals. Frequently, felonies may end up being a serious stigma that can severely impact the individual’s ability to find a job and earn a living, to attend higher education or receive funding. Felonies can hurt a person’s reputation as well. There are 5 different felony offense levels in Texas:

State Jail: Fines of up to $10,000 and state jail terms of 6 months up to 2 years

Third Degree: Fines of up to $10,000 and state prison terms of 2 to 10 years

Second Degree: Fines up to $10,000 and state prison terms of 2 to 20 years

First Degree: Fines of up to $10,000 and state prison terms of 5 to 99 years

Capital: Life sentence or death with no parole

Other Factors To Take Into Consideration

Felony and misdemeanor crimes, in addition to their penalties, vary widely depending on the situation. There are some other important considerations:

Wobblers: There are crimes that are called wobblers, which means the prosecutor might have the discretion of charging a person with the crime of either a felony or a misdemeanor. In those cases, getting a felony charge reduced to a misdemeanor may be a positive resolution to the situation.

Aggravating Factors: Certain aggravating factors in both felony and misdemeanor cases can increase the penalties faced by an individual, and elevate a misdemeanor into a felony in some cases. Those aggravating factors might include crimes committed against certain types of people (children, law enforcement, vulnerable adults), crimes committed while the person is on probation, or past criminal history or prior convictions.

Whether you or a loved one has been charged with either a felony or misdemeanor, remember that both of these offenses pose serious long-term as well as immediate consequences and need to be taken very seriously. sportfogadás tippek naponta Be sure to call our proven defense attorney Houston legal team here at Butler Law Firm as soon as you can after being charged.

Please contact us for your FREE consultation if you want to discuss your case with one of our firm’s attorneys.

DWI’s Impacting A Good Portion Of Your Life

Posted by Butler Law Firm - The Houston DWI Lawyer on with 0 Comment

The Impact Of A DWI In Texas

Butler Law Firm | DWI In TexasWhen a person is arrested, they will often panic. This is especially true if this is a person’s first arrest. While it is never good to be arrested, it doesn’t have to be the end of the world. To put it into perspective, remember that just being arrested doesn’t mean you’re guilty. It also doesn’t mean you’ll be convicted of a crime. كيف تحصل على المال What it does mean is you should find an experienced attorney who specializes in Texas criminal law. If this is a DWI 1st offense, you should try and hire a criminal defense attorney who specializes in Texas DWI defense. They can answer all of your questions including how long does a DWI stay on your record?

Expunction And Expungement

Texas law allows certain criminal charges to be removed or eliminated from your criminal record. You must apply for this since the process is not automatic. Your attorney can help you with the process, but in Texas, most jurisdictions nor the State will not challenge a request for expungement. Depending on the crime, the State may challenge a request, but it’s always best to work with an experienced attorney when requesting criminal charges be removed from your criminal record.

Common Dispositions Of Criminal Cases

When a case is concluded, this is termed the disposition of the case. The disposition of an individual criminal case will depend on whether or not the charges can be expunged or removed from your criminal record. هايبر باي When you are arrested, there are several ways your case could end. The best disposition is the prosecutor drops the charges and decides not to pursue the case. When this happens, the charges will typically be dismissed. This often happens when the evidence is tainted or just isn’t strong enough to make the prosecution’s case. Evidence can be tainted because of an illegal search, a broken chain of custody or something else that can impact the veracity of the evidence.

There are times when a case is referred for deferred adjudication. Almost every state has some version of this process. For example, a DWI 1st offense may end in a plea bargain or deferred adjudication. The prosecution may offer to defer the charges if the accused will agree to meet a predetermined set of conditions within a certain period of time. Once these conditions are met, the prosecution agrees to dismiss all charges.

If you agree to this type of plea bargain, you will be given a plea agreement statement outlining the terms of the plea bargain. افتتاح اليورو 2022 You must sign this and a judge must accept it for the plea bargain to become official. You may have to agree to plead guilty or no contest to the charges. If you meet all the conditions within the time period, the charges will be dismissed. If you fail to meet the conditions, you may be convicted of all charges.

In Texas, your case may also proceed to court where you will either be found guilty or non-guilty. If you are found guilty, the disposition will be entered on your criminal record and unless expunged, will remain there.

How Disposition Can Impact Your Permanent Record

Chapter 55 of the Texas State Code provides for expunging or removing certain criminal convictions from an individual’s permanent record. There are certain conditions which must be met in order for a criminal conviction to be removed from a criminal record. This is a very complex procedure, but it is best to work with an experienced attorney throughout the process. They will be able to analyze your case to see if you might be eligible for expungement.

Under Texas law, a person may file for expunction under the following conditions:

  • They were tried for a crime and convicted but were pardoned
  • They were found not guilty by either a jury or a judge
  • They were charged with a crime, but were later released and were never convicted of the crime.
  • Under the above, the person must also not have been convicted of any felony or misdemeanor associated with the same crime. This is regardless of the statute of limitations. Also, a certain amount of time must have expired since the crime or the charges.

There are certain waiting periods for each class of crime before a person can ask for expungement:

Felonies – Three years from the first arrest
Class C Misdemeanors – Three years from the first arrest
Class A and B Misdemeanors – One year from the first arrest

How To Expunge A DWI Conviction

Every crime that happens in Texas is assigned severity level. This is the same with DWIs. Driving while Intoxicated or a DWI is typically considered a Class B Misdemeanor. The usual penalty if convicted of this crime is 72 hours in jail. If the accused was found with an open bottle of alcohol in their vehicle when arrested for a DWI, they will get six days and it is considered a Class A Misdemeanor. This means your penalty for a DWI 1st offense will depend on the circumstances of the crime.