Criminal Law
Facing the possibility
of going to jail or prison is a frightening situation. We
do not live in a time where society has much sympathy for
defendants. Many offenses can carry a wide range of
punishment and it is left up to the elected District
Attorney to decide what to seek. When you find yourself in
this situation, you need to protect your rights and have a
trained attorney to assist you. Police and the
government’s attorneys are NOT required to be honest with
defendants and you must assert your rights or they may be
waived. Regardless of your situation, there can be a very
wide range of punishments you could face. The range of
potential outcomes can vary from deferred adjudication –
preventing a conviction – to serving decades in prison.
The government’s attorney is not looking out for your
interest….you need someone who will.Some Common Criminal Charges
DWI
A conviction for DWI carries harsh penalties and can have other adverse effects. You can face fines and court costs, possible jail time, probation, community service, license suspensions, or a any combination of these. Of course you will have other legal fees and face increased insurance rates as well.
Penalties for Some DWI Offenses:
• 1st offense: A
first-offense conviction includes a fine not to exceed
$2,000 and/or the possibility of serving jail time from
3 days to 180 days, and a driver’s license suspension of
90 to 180 days.
• 2nd offense: Maximum fine up to $4,000 and/or jail time of 30 days to one year. Also, possible driver’s license suspension of 180 days to 2 years.
• 3rd offense: Maximum fine up to $10,000 and/or jail time of 2 to 10 years. Suspension of your driver’s license of 180 days to 2 years.
• Intoxication Assault DWI: Maximum fine upt to $10,000. Minimum of 2 years and a maximum of 10 years in jail.
• Intoxication Manslaughter: Maximum fine upt to $10,000. Minimum of 2 years and a maximum of 20 years in jail.
• 2nd offense: Maximum fine up to $4,000 and/or jail time of 30 days to one year. Also, possible driver’s license suspension of 180 days to 2 years.
• 3rd offense: Maximum fine up to $10,000 and/or jail time of 2 to 10 years. Suspension of your driver’s license of 180 days to 2 years.
• Intoxication Assault DWI: Maximum fine upt to $10,000. Minimum of 2 years and a maximum of 10 years in jail.
• Intoxication Manslaughter: Maximum fine upt to $10,000. Minimum of 2 years and a maximum of 20 years in jail.
Assault
An assault charge can be defined legally as just the attempt to hurt someone physically. Attempting to hurt someone, or even a threat to use force which makes the victim anxious that harmful contact will occur in the future can be classified legally as assault. If a deadly weapon is used during the perpetration of a crime, the charge becomes aggravated assault, even if no injury occurred. In today’s society, the majority of assault charges involve family members or significant others during the heat of an argument when tension is high. Once the police have been called, a relatively minor incident which could have been resolved through a cooling off period has turned into a criminal case.
Carl David Ceder has a solid history of representing those accused of assault and related misdemeanor and felony crimes. Carl is experienced and highly cognizant of Texas assault law and will be aggressive in the defense of such charges. Carl can defend his clients against all criminal assault charges. Under the criminal laws of Texas, assault is defined as:
Texas Penal Code § 22.01 ASSAULT:
(a) A person commits an offense if the person:
1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse;
3) intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
(a) A person commits an offense if the person:
1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse;
3) intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
Family Violence
When someone is convicted of family violence, they are unable to purchase or possess a firearm for the rest of their life. There will be a conviction on the record which will never go away; it will not matter that you completed probation with flying colors. Any future assault is charged as a felony due to the first conviction.
Possible Defenses to Assault
There are legally valid reasons for committing assault. So, even if you technically committed an assault, you may have defenses. For example, defense of another or self-defense can be valid defenses to assault, depending on the situation. Also, if the assault was completely accidental or if you are defending your property, you may also have a relevant defense against your assault charges. (This is NOT advice on when you can commit assault in the future, but only information about possible defenses if you are charged with assault! See disclaimer at the bottom of the page)
Theft
Theft is a ‘crime of moral turpitude’. This simply means that even misdemeanor theft (hot check, theft of service, etc.) can have some of the same consequences as a felony! For instance, just like with a felony, a conviction of ANY type of theft will prevent you from ever sitting on a jury. (It is NOT advised that you take a conviction to get out of jury duty!) One of the most serious consequences is employment. A person with a theft conviction will often find it very difficult to find a job, especially if their training and experience are in areas that involve handling cash, merchandise, inventory, tools, etc.
Take theft charges seriously! Get competent legal help to keep them off your record.