Criminal & Civil Defense Attorney in Austin, Texas
What Is Criminal Law?
Criminal Law is a body of law that defines consequences to conduct that is perceived as threatening and dangerous to the property, health, safety and well-being of society. However, the only way those consequences can be applied is if a person’s constitutional rights are maintained throughout the legal process used to determine whether a person has violated the body of law governing that society.
The Texas Penal Code prescribes the punishment range for individuals convicted of a criminal offense. There are numerous types of offenses that range from fines to the death penalty.
Additionally, there are other tangental consequences that will affect your ability to gain employment or even housing if you are convicted of violating a criminal law. Texas currently has over 200 laws that restrict persons with criminal histories from finding jobs and over 1,900 separate licensing and statutory restrictions that bar or limit employment to persons with criminal histories.
Below is a list of the punishment range for such criminal offenses:
Misdemeanor violations are typically attributed to poor judgment, bad mistakes or crimes of desperation.
1. Class A Misdemeanor - An individual adjudged guilty of a Class A misdemeanor shall be punished by:(1)a fine not to exceed $4,000;(2)confinement in jail for a term not to exceed one year; or (3)both such fine and confinement.
2. Class B Misdemeanor - An individual adjudged guilty of a Class B misdemeanor shall be punished by:(1) a fine not to exceed $2,000;(2) confinement in jail for a term not to exceed 180 days; or (3) both such fine and confinement.
3. CLASS C MISDEMEANOR. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.
Felonies are classified according to the relative seriousness of the offense into five categories from most serious leading to the death penalty to a state jail felony:
1. Capital felonies - An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death.
2. Felonies of the first degree - An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years and a fine up to $10,000.00.
3. Felonies of the second degree - An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years and a fine up to $10,000.00.
4. Felonies of the third degree - An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years and a fine up to $10,000.00.
5. State jail felonies - an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days and a fine up to $10,000.00.
Travis County Jail Releases
The Eighth Amendment of the US Constitution and Article 1, Section 13 of the Texas Constitution prohibits excessive bail or fines. The reason this is important is because the Constitution provides that a person is innocent until proven guilty and as such should be allowed the opportunity to defend themselves outside of a jail system.
Did you know that the average daily costs to incarcerate the entire “pretrial” jail population consisting of people solely of being accused of a crime without formal proof or adjudication of guilt costs Travis County Taxpayers close to $100,000 a day? I can assist you in trying to obtain a personal recognizance bond so that you can begin preparing a defense for your case. Remember that you are innocent until proven otherwise! Allow me to help you fight for your innocence or mitigate your Austin, TX case.
I can assist you when charged with the following offenses:
Theft, Robbery, Property Crimes
Drug Charges including Alcohol Offenses
Driving While License Invalid and other Traffic Tickets
Assault, Family Violence
I can also assist you with expunging or sealing your criminal history to negate the need for you to disclose information that should remain solely your business. Please contact the Law Office of Mario Flores, PLLC of Austin, TX when you need a criminal defense attorney to help protect your constitutional rights.
Don't jeopardize your future. Allow me to craft a defense that minimizes the consequences of your bad judgment and mistakes. Contact me today.