McAllen, Texas | Criminal Defense Lawyer

When a law enforcement officer pulls you over on suspicion for driving while intoxicated, you will likely be asked to take a chemical breath test to determine your blood alcohol content. If your BAC is greater than 0.08 percent, you can be charged with a DWI. The state of Texas imposes very harsh penalties on those who drive under the influence. If you have been charged with a first-offense DWI, the consequences you face may include the following:

• A fine of up to $2,000
• Between 3 and 180 days in jail
• A license suspension of up to 1 year
• A $2,000 fee (maximum) each year for 3 years to retain your driver’s license
• Community service
• DWI education and treatment programs

While the consequences of a first-offense DWI are serious, it is important to be aware that each subsequent conviction has even more significant penalties. The penalties of a second offense DWI conviction include the following:

• Fines of up to $4,000
• Jail time ranging from 1 month to 1 year
• Driver’s license suspension for a minimum of 1 year and up to 2 years
• A fee of up to $2,000 each year for 3 years to retain your driver’s license
• Community service requirements
• DWI education and treatment programs
• Possible ignition interlock device installation

A third or subsequent DWI offense has some of the harshest consequences you can face for a crime of this nature. These penalties include the following:

• A fine of $10,000
• 2 to 10 years in prison
• A driver’s license suspension for 1 to 2 years
• A fee of up to $2,000 each year for 3 years to retain your driver’s license
• Possible ignition interlock device installation

Like any other criminal matter, the circumstances surrounding a case can lead to various additional consequences. A few examples of these in Texas include the following:

• Refusing to take a sobriety test can result in a license suspension of 180 days if it is a first-offense DWI, and 2 years if it is a second or subsequent DWI offense.
• Driving while intoxicated with a child under the age of 15 in the vehicle is a felony that can result in 180 days-2 years in state jail and a maximum fine of $10,000.
• Driving while intoxicated with a blood alcohol content of 0.15 or higher is considered a Class A misdemeanor that can result in 1 year of jail time and a maximum fine of $4,000.

Commercial drivers need to be aware that if they are caught driving with a blood alcohol content of 0.04 percent or higher, they can face DWI charges. Of course, this BAC requirement is significantly lower than other drivers who will only be charged if they have a BAC of 0.08 percent and up. If you are convicted of a DWI with your commercial driver’s license, you may be in jeopardy of facing significant implications on your current CDL job, as well as future employment prospects.

Any drivers with two or more DWI convictions on their record within a 5-year period will be ordered to install an ignition interlock device, in accordance with Texas law. An ignition interlock device requires a driver to take a breathalyzer test each time they get in the car to drive. If a BAC of greater than 0.02 percent is detected, the car’s engine will not start. You will likely be responsible for any expenses related to the ignition interlock device, including the cost of installation into your vehicle and any other vehicles you have access to, a monthly fee, and a removal fee upon the end of the required period of installation.

With the help of an experienced attorney, you may be able to have your DWI charge reduced or thrown out altogether. There are several defenses that your attorney should explore when handling your DWI case, some of which include the following:

• Whether the traffic stop was lawful
• Whether the tests taken were accurate
• Whether the law enforcement officer was acting out of conduct
• That you were involuntarily intoxicated
• Failure to properly conduct field sobriety tests

Here in Texas, certain assault charges are referred to as “simple assault.” A person is guilty of an act of simple assault when he or she intentionally, recklessly, or threatens to cause bodily injury to another. A person can also be charged with simple assault for taking part in “provocative or offensive physical contact” with another person. Note that “bodily injury” refers to cuts or bruises, not broken bones or other serious injuries.

When someone is convicted of simple assault, they will face various penalties, depending on the circumstances of the alleged assault. Typically, simple assault is a Class C misdemeanor but can be elevated to a Class B or Class A misdemeanor if certain aggravating factors are present, such as if the person assaulted was elderly or a sports official. The penalties for misdemeanor assault in Texas are as follows:

• Class C: A potential $500 fine.
• Class B: 180 days of incarceration and a potential $2,000 fine.
• Class A: One year of incarceration and a potential $4,000 fine.

You should note, however, that there are certain cases where simple assault may warrant felony charges. For example, when someone causes bodily injury to a police officer, nurse, or another type of public servant, or a pregnant woman, they may face third-degree felony assault charges. The penalties for third-degree felony assault charges are anywhere between two and 10 years of incarceration and a potential $10,000 fine.

When someone intentionally or recklessly causes serious bodily injury to another, or when someone uses or threatens to use a deadly weapon while committing an act of assault, they may face aggravated assault charges. Typically, aggravated assault is considered a second-degree felony. For second-degree felony aggravated assault charges, a person can expect to face anywhere between two and 20 years of incarceration, as well as a potential $10,000 fine.

It is worth noting, however, that though aggravated assault is typically a second-degree felony, it can be considered a first-degree felony if the assault occurred under certain conditions, such as the offender using a deadly weapon during an act of domestic assault and causing serious bodily injury to the victim. For a first-degree felony assault charge, a person can expect to face anywhere between five and 99 years of incarceration and a $10,000 fine.

Here in the state of Texas, domestic violence is defined as when one person commits an act of violence or otherwise takes action against a family or household member that either injures them, puts them at risk of injury, or causes them to feel threatened of imminent bodily injury. Therefore, crimes of assault or sexual assault against a family or household member are considered domestic violence in Texas. Someone can also face domestic violence charges for committing an act against someone they are dating or for abusing a child who is a family/household member.

Depending on the circumstances of the alleged act of domestic assault, a person can face either misdemeanor or felony domestic assault charges. Aggravated domestic assault charges are also on the table. The penalties for misdemeanor domestic violence charges in Texas are as follows:

• Class A (causing the victim to sustain bodily injury): A $4,000 fine and up to one year of incarceration
• Class C (threatening to harm another or engaging in “offensive contact”): A $500 fine

A person can face charges of aggravated domestic assault if they either cause serious bodily injury to their victim, or they used/threatened to use a deadly weapon while committing the act of assault. Typically aggravated domestic assault is a second-degree felony, which entails anywhere between two and 20 years of incarceration and a potential $10,000 fine. That said, if the domestic assault caused serious bodily injury and a deadly weapon was used, a person can face a first-degree felony, which can entail between five and 99 years to life in prison and a potential $10,000 fine. Regardless of the charges you’re facing, your best option going forward is retaining the services of an experienced McAllen, Texas domestic violence lawyer who can fight for you.

Despite the fact that marijuana legalization is becoming increasingly common throughout the United States, this is certainly not the case in Texas. Here, possessing marijuana for recreational use is still considered illegal. The penalties for possession in the state of Texas are heavily dependent on the amount of marijuana on one’s person. The breakdown of marijuana possession penalties is as follows:

• 2 oz. or less is a Class B misdemeanor that can result in up to 180 days of incarceration and a fine of up to $2,000
• 2-4 oz is a Class A misdemeanor that can result in up to 1 year in jail and a maximum fine of $4,000
• 4 oz-5 lbs is a felony that can result in a minimum of 180 days in jail (up to 2 years) and a maximum fine of $10,000
• 5-50 lbs is a felony that can result in at least 2 years in jail (but no more than 10 years) and a fine of up to $10,000
• 50-2,000 lbs is a second-degree felony that can result in between 2 and 20 years in jail as well as a maximum fine of $10,000
• More than 2000 lbs is a felony that can result in between 5 and 99 years in jail as well as a maximum fine of $50,000

In addition to marijuana, there are various other illegal substances that people are arrested for possessing in Texas. There are a number of different factors that are taken into consideration when determining which penalties should be imposed upon someone who is convicted of a drug possession crime. Some of the factors that the court will take into consideration include the following:

• The type of drug
• The quantity of the drug in the offender’s possession
• How the drug was being stored
• Whether additional drug paraphernalia was possessed
• Any previous convictions

Don’t risk facing high fines and spending years in jail on your own; simply retain the services of a seasoned McAllen, Texas drug crime lawyer who is dedicated to fighting for your best interests. We know just how overwhelming the criminal justice system can be, which is why we make it our goal to provide our clients with the steady, straightforward legal assistance they deserve.

If you are facing charges related to the unlawful possession of a controlled substance in Texas, you need an attorney who can effectively explore all possible defenses on your behalf. Some of the many defenses that our experienced attorneys can assess include the following:

• Lack of knowledge of being in possession of the controlled substance
• Marijuana was used for medicinal purposes
• A medical professional prescribed the substance
• The quantity of the drug was insufficient
• The drug was not intended for human consumption

Generally speaking, Texas is a very Second Amendment-friendly state. Anyone who is above the age of 18 years old can purchase a rifle and anyone who is above the age of 21 years old can purchase a handgun. It is important to be aware that for private gun sales, a background check is not required and there is no limit on purchasing multiple firearms.

However, if purchasing a firearm at a dealer, you need to undergo a background check unless you already have your state-issued concealed carry handgun license. Anyone who wishes to apply for a handgun concealed carry license can apply online. Be aware that the application requires you to submit fingerprints, complete up to 6 hours of training, pass a written exam, and pass a shooting proficiency test. Other important information about firearm ownership in the state of Texas is as follows:

• There is no need to register handguns, shotguns, or rifles
• There is no permit required to carry a rifle or a shotgun, even though a permit is required to carry a handgun
• Texas recognizes Stand Your Ground and Castle Doctrine laws

There are certain limitations that you should be aware of when it comes to exactly who is permitted to own a gun. As previously mentioned, no one under the age of 18 can possess a firearm. However, there are exceptions to this rule. A child who is under the age of 18 can own a gun as long as they have parental consent. Other individuals who are not permitted to own a firearm include the following:

• Convicted felons who have been released within the last 5 years
• Anyone confined in a penal institution

The state of Texas has additional limitations on certain types of firearms, accessories for firearms, as well as other weapons:

• Explosive weapons
• Machine guns
• Short-barreled firearms
• Firearm silencers (suppressors)
• Armor-piercing rounds
• Zip guns

As you can imagine, there are various ways in which minors can get themselves into trouble. These offenses range from relatively minor to very serious, just as adults who find themselves in legal trouble. Some of the most common types of juvenile crimes committed in the state of Texas are as follows:

• Assault
• Underage possession of alcohol
• DWIs
• Drug charges
• Vandalism
• Shoplifting

Of course, though these are the most common types of juvenile crimes we deal with, those who are under the age of 17 can still commit a wide array of other, more serious crimes, such as murder, sex offenses, and more.

As with most crimes, the severity of the penalties a child may face will depend largely on the nature and severity of the crime allegedly committed. For example, for some of the most serious criminal offenses, such as murder, a child under the age of 17 may be tried as an adult and incarcerated by the Texas Youth Commission, and when they turn 21, they may be transferred to the Department of Criminal Justice.

That said, in most cases, when minors are accused of crimes, they will face one or more of the following penalties:

• Probation
• Restitution
• Deferred prosecution, which is when a child can go on probation for 6 months. As long as the child completes probation without violating any of its terms, the charges may be dropped.
• Supervisory requirement, which is when a child is required to receive regular counseling through the probation department.

There are a wide array of sex crimes, and depending on the alleged offense, the accused party may face various penalties upon conviction. Just some of the most common sex offense charges we see in Texas, as well as some of their potential penalties, are as follows:

• Sexual Assault: 2-20 years of incarceration and a potential $10,000 fine.
• Aggravated Sexual Assault: Up to 99 years in prison and a $10,000 fine.
• Super Aggravated Sexual Assault: Life in prison, a $10,000 fine, regular drug/alcohol screening, limited internet access, potential death penalty.
• Solicitation of Prostitution: Anywhere between 180 days-2 years of incarceration and a $10,000 fine.
• Child Pornography: Between 5-25 years of incarceration and a $10,000 fine.
• Indecent Exposure (without a child present): Up to 180 days of incarceration and a $2,000 fine.

One of the most commonly-asked questions we hear from those facing sex offense charges is whether they will have to register as a sex offender. Unfortunately, anyone who has been convicted of an offense of a sexual nature is required to register as a sex offender. Texas law categorizes sex offenders either as level one, two, or three.

The amount of time a sex offender remains on the sex offender registry depends on the designation they receive. Level one is the lowest, meaning the individual poses the least amount of risk to his or her community, while level three is the highest and implies there is a high risk that the person will continue to engage in criminal sexual conduct. Depending on the type of offense/the sex offender designation a person receives, they may be required to register as a sex offender for anywhere between 10 years and for the rest of their life. Just some of the sex crimes that warrant lifetime registration are as follows:

• Sexual performance by a child
• Possession of child pornography
• Continuous sexual abuse of a child
• Sexual assault
• Aggravated sexual assault
• Super aggravated sexual assault
• Trafficking of persons
• Compelling prostitution of a minor

Once you are a registered sex offender, the general public will know your name, what you look like, your criminal history, and often, when you move into their neighborhoods. Rather obviously, this can permanently destroy a person’s good name. Don’t face sex crime charges on your own–only do so with a competent Hidalgo County, Texas criminal defense lawyer.

When someone is facing theft charges in Texas, they may be subject to severe penalties upon being convicted. These penalties can range from a Class C misdemeanor to a first-degree felony, which is one of the most serious charges one can face. The breakdown of theft charges in Texas are as follows:

• Property valued at $50 or less results in a Class C misdemeanor
• Property valued between $50 and $500 results in a Class B misdemeanor
• Property valued between $500 and $1500 results in a Class A misdemeanor
• Property valued between $1500 and $20,000 results in a state jail felony
• Property valued between $20,000 and $100,000 results in a third-degree felony
• Property valued between $100,000 and $200,000 results in a second-degree felony
• Property valued at $200,000 or more results in a first-degree felony

Whenever you face a conviction related to theft and shoplifting, you are subject to serious penalties. The penalties for each theft crime classification are as follows:

• Class C misdemeanor results in a maximum fine of $500
• Class B misdemeanor results in a maximum fine of $2000 and up to 180 days in jail
• Class A misdemeanor results in a maximum fine of $4000 and up to 1 year in jail
• A state jail felony results in a maximum fine of $10,000 and state jail time between 180 days and 2 years
• A third-degree felony results in a maximum fine of $10,000 and a period of imprisonment between 2 and 10 years
• A second-degree felony results in a maximum fine of $10,000 and a period of imprisonment between 2 and 20 years
• A first-degree felony results in a maximum fine of $10,000 and a period of imprisonment between 5 and 99 years

The term violent crime encompasses a wide range of charges. Although the range is vast, these charges are some of the most serious crimes a person can be charged with. Of course, a simple assault is quite different than committing murder, so the consequences can vary quite a bit. The legal team at the Law Office of Angel Davila has years of experience representing clients who have been charged with the following crimes:

• Simple or aggravated assault
• Murder or manslaughter
• Sexual assault
• Kidnapping
• Armed robbery

What many people are not aware of is how easily a simple crime can be upgraded to an aggravated crime. When this happens, the penalties associated can increase substantially and result in much greater jail time, fines, and other repercussions. For example, if you have been charged with assault in Texas, the penalties are significantly different between an assault that uses a weapon and one that does not. Any time force is used, the penalties of a crime escalate tremendously.

Some crimes, such as aggravated robbery or attempted capital murder, can result in a first-degree felony. A conviction of this magnitude can result in a maximum fine of $10,000 as well as a prison sentence that can last from 5 to 99 years. Second-degree felonies related to violent crimes can include aggravated assault, sexual assault, and manslaughter. These crimes can lead to imprisonment for 2 to 20 years and a fine of up to $10,000. A good example of how a crime can become upgraded when it involves violence is a robbery, which is a second-degree felony, and aggravated robbery, which is a first-degree felony. There is a major difference in how severe the penalties between these two crimes are.

The first thing you should understand is that not everyone is eligible to have their records expunged. Here in Texas, you may only have your record expunged under the following circumstances:

• You were charged with a crime, but the charges were dismissed
• You were arrested for a crime but never faced formal charges
• You committed a qualifying juvenile offense
• You were a minor who committed a qualifying alcohol offense
• You were convicted of a crime that was either acquitted by a trial court of the Criminal Court of Appeals, or you were pardoned by the Governor of Texas of the President of the United States

If you do not meet any of these qualifications, you are most likely ineligible for expunction. Additionally, if the following is true for you, you will also be ineligible for expunction:

• You are currently facing pending charges for another alleged criminal act
• You were convicted of a felony within 5 years of the arrest for the crime you’re looking to have expunged
• You received deferred adjudication/probation
• You are trying to have an offense expunged that was part of a “criminal episode”

That being said, depending on the circumstances of your criminal record, you may still be eligible to have your record sealed.

Having a record sealed is known as an order of non-disclosure, and while this is not the same as an expungement, wherein your criminal record will be destroyed, it is still far better than having your criminal record available to the general public. When someone gets their record sealed it essentially makes it so prospective employers, the general public, and private investigators will not be able to see your criminal record. This makes it far easier for people to get jobs and move on with their lives. To have your record sealed in Texas, you must meet the following criteria:

• You were placed on, and completed, deferred adjunction for the criminal offense you’re looking to have sealed
• The statute of limitations for the given offense has not elapsed
• You weren’t placed on deferred adjudication or convicted of another crime

You should also note that there are certain crimes that automatically disqualify a person for having their record sealed. For example, if you were ever convicted of murder, capital murder, aggravated kidnapping, stalking, domestic violence, child endangerment, injury to a child or an elderly/disabled person, violation of a court order, or any offense that requires you to register as a sex offender, you will not qualify for having your record sealed.

When someone is sentenced to probation, they will have to follow a set of terms for the duration of their probationary period. Just some of the potential terms of probation (depending in large part on the crime you committed) are as follows:

• Mandatory drug testing
• Refraining from committing any other crimes
• Getting and keeping a job
• Regularly reporting to a probation officer
• Court-mandated community service

The consequences of a probation violation depend on the severity of the violation and the type of probation you are placed on. The two types of probation in Texas are straight probation and deferred adjudication probation. If you’re on straight probation, you were most likely found guilty of a crime but were allowed to serve community supervision instead of going to jail, at the judge’s discretion. Violating straight probation will most likely result in you either serving out the remainder of your sentence in jail, or the entire duration of your sentence in jail.

Deferred adjudication probation, on the other hand, is when a judge delays convicting a person of a crime while the person is on probation. When someone violates the terms of their deferred adjudication probation, they will most likely face the maximum sentence for their initial crime.

Whether you are currently accused of violating straight or deferred adjudication probation, you need an aggressive McAllen, Texas probation violation lawyer in your corner. For a person to be convicted of violating probation, there must only be a “preponderance of evidence,” a lower standard than “beyond a reasonable doubt.” For this reason, among others, you simply cannot afford to proceed without an experienced attorney on your side.

White-collar crimes come in various forms, though in most cases, they involve some sort of theft. Just some of the most common types of white-collar crimes that our firm has seen over the years are as follows:

• Embezzlement: Embezzlement is when someone is entrusted with certain assets, funds, or private company information and misappropriates those funds to serve their own interests. For example, if someone in charge of a company’s payroll funnels money into their own account, they will most likely face embezzlement charges:
• Internet Fraud: We live in a time where internet fraud is rampant. Just some of the most common examples of internet fraud include credit card fraud, internet auction fraud, investment schemes, phishing, and more.
• Money Laundering: Money laundering is when a person or group makes a large sum of money via criminal activity, but then disguises the origin of their funds to make it seem as though they were legally earned. Money laundering is a trademark of organized crime.
• Extortion: Extortion is when a person receives money or assets through coercion, threats, or blackmail.

Those who are found guilty of the aforementioned crimes, or any other white-collar crime such as those involving Ponzi schemes, racketeering, identity theft, forgery, and other types of corporate crimes can expect to face a wide array of very serious penalties without an experienced McAllen, Texas white-collar crimes lawyer on their side. Just some of the most common penalties associated with white-collar crimes are as follows:

• Jail/prison time
• High fines
• Restitution
• Home detention
• Supervised release
• Community confinement

You should also note that if you are convicted of any of these crimes, you will develop a criminal record, which will have a significant and lasting impact on your life. Don’t fight these charges on your own.