Criminal Defense Attorney

Your entire life changes when you are charged with a crime, particularly a felony. Your freedom may suddenly be in jeopardy. Felony charges are serious business and the consequences of a conviction can be severe.

Felony Charges in Texas	Texas Felony Confinement	Texas Fine
State-Jail felony charges	180 days to 2 yrs State Jail	$10,000 max.
Third Degree felony charges	2 to 10 yrs in prison	$10,000 max.
Second Degree felony charges	2 to 20 yrs in prison	$10,000 max.
First Degree felony charges	5 to 99 yrs or life in prison	$10,000 max.
Capital felony charges	Capital felony charges	0

If you are facing Texas felony charges, hiring a respected criminal defense attorney who has a proven track record defending cases involving drugs, DWI, assault, theft, and other felony level charges will help you navigate the judicial system that will ultimately control your freedom, one way or the other.

At Swartz│Davidson Law, we strive to achievethe best possible results and favorable felony plea bargains. Previous client deals have includedcharge reductions, pretrial diversion, shortened deferred adjudication/probation periods, lowered fines, and retaining expunction eligibility.

Criminal Charges in Dallas and Surrounding Counties

Everybody makes mistakes. The more serious ones may land you in jail. It is also common for folks to simply be in the wrong place at the wrong time, or be mistaken for someone else. You are entitled to the best possible defense, and you can always fight your criminal case instead of entering a plea deal.

We represent clients in Dallas County and across North Texas who have been charged withthe following crimes:

• Assault/Battery (both simple and aggravated)
• Cannabis/Marijuana Possession or Paraphernalia
• Controlled Substances & Cannabis Extracts
• Disorderly Conduct
• Drug Crimes
• Family Violence
• Property Crimes
• Probation Revocation/Violation
• Theft Crimes
• Theft by Check/Bad Check
• Terroristic Threats
• Weapons charges

If you want to know where you stand and what kind of punishment you could be facing, call Swartz│Davidson Law today for a free consultation.

In Texas, drug crimes (which we categorize separately from cannabis-related offenses) are generally divided into Simple Possession and Possession with Intent to Deliver. Texas takes drug crimes seriously.

If you have been arrested or if the police are at your door, call Swartz│Davidson Law immediately.

Understanding Felony Drug Offenses

Depending upon the nature of the crime, where it occurred(across state or national borders, e.g.), the actual amount of drugs involved, and other considerations, your drug case could be heard in federal court – just because Texas troops, police, or sheriffs arrested you does not guarantee you a state court for your case.

Regardless of whether your case will be heard in state or federal court, hire an experienced drug crimes defense lawyer. Common arrests and felony criminal charges in this arena include, but are not limited to:

• Drug cultivation.
• Drug manufacturing.
• Drug trafficking.
• Internet drug sales (e.g., illegal sale of prescription drugs, sale of steroids or human growth hormone, sale of ‘knock-off’ or fake prescription drugs, and the sale of precursor chemicals used to manufacture other drugs, like methamphetamines).
• Intent to sell – where there is no evidence a sale occurred, but they are pretty sure that’s what you were going for.

Prosecuting Drug Crimes in Texas

The county district attorney at the county courthouse is who is prosecuting you.
If you are convicted, you face penalties under Texas drug crimes guidelines, which are typically less harsh anddraconian than federal sentencing guidelines.

The penalties you face for a Texas drug conviction will vary depending upon the type of drug in your possession or control, the amount of the drug or substance, whether you distributed the drug or took it across state lines, whether there was injury or death because of your distribution of the drug, and other impacts the actions taken have instigated.

It should be noted that the new Dallas District Attorney, John Cruzeot, has emphasized alternative approaches to criminalizing a person forever based on limited non-violent marijuana related activity, and is likely to change the landscape for the way a number of drug crimes are handled in North Texas.

Texas Controlled Substances Schedule

All illegal drugs and chemicals are listed in the Texas Schedule of Controlled Substances.
Unlawful possession or distribution of drugs or chemicals listed in Schedules I and II are felony offenses.
Small amounts of controlled substances in Schedules III and IV may be charged as a misdemeanor, but sales, drug cultivation or manufacturing, and drug trafficking will be charged as felony drug offenses in Texas state or federal courts.

Felony Drug Conviction Consequences

Felony Drug Conviction Consequences

• First-degree felony punishment: 5 years to life in prison. Additionally, the person convicted of a 1st-degree felony in Texas can be fined up to $10,000.
• Second-degree felony punishment: 2 to 20 years in prison. Additionally, the person convicted of a 2nd-degree felony in Texas can be fined up to $10,000.
• Third-degree felony punishment: Two to 10 years in prison. Additionally, the person convicted of a 3rd-degree felony in Texas can be fined up to $10,000.
• State jail felony punishment: 180 days to 2 years in state jail. Additionally, the person convicted of a state jail felony in Texas can be fined up to $10,000. If a deadly weapon was involved during or after the offense, or the person charged was guilty of a prior felony conviction, the state jail felony may be bumped up to a 3rd-degree felony.
• Capital felony punishment: Death penalty or imprisonment in the Texas Department of Criminal Justice for life without parole or until death.

In Texas, Driving While Intoxicated (DWI), is both a traffic and criminal violation. A DWI conviction can result in substantial fines, a jail sentence, and the suspension of your driver’s license. It may also lead to higher insurance rates, the inability to rent a car and job loss. Because a DWI is considered a serious offense under Texas law, it pays to have a seasoned criminal defense attorney on your side.

A DWI charge occurs if you operate a motor vehicle with a blood alcohol content of .008 or higher. It is a Class B Misdemeanor, with a minimum term of imprisonment of 72 hours. There are two components to a DWI charge: the criminal case and the administrative case that may result in your license being revoked. You have just 15 days from the date of your DWI arrest to request a hearing regarding driver’s license suspension.

ALCOHOL-RELATED CRIMES IN TEXAS

Texas law provides serious penalties for a number of alcohol-related crimes.
This includes:

• Public Intoxication: a Class C misdemeanor, public intoxication is defined as a person being intoxicated in a public place to a degree that they may endanger themselves or others.
• DWI with Child: a state jail felony, DWI with Child may be charged if a person is driving while intoxicated with a child under 15 years of age in the car. Even if your blood alcohol content is below the legal limit of .08, the police may charge you with this crime if you are unable to operate a vehicle safely.
• Driving Under the Influence (DUI): a person may be charged with DUI if they are over 18 but under the legal drinking age of 21, and operated a motor vehicle with any detectable alcohol in their system.
• Boating While Intoxicated (BWI): This crime occurs when a person operates a watercraft with a blood alcohol content of .08 or higher. It is a Class B misdemeanor.
• DWI Intoxication Assault: If you are operating a vehicle, aircraft, watercraft or amusement park ride while intoxicated and cause serious bodily injury, you may be charged with this third degree felony.
• DWI Intoxication Manslaughter: similar to DWI Intoxication Assault, DWI Intoxication Manslaughter is charged when a person operates a vehicle, aircraft, watercraft or amusement park ride while intoxicated and causes the death of another person. It is a second degree felony.
• DWI Enhanced Penalties: you may be subjected to enhanced penalties if you commit DWI with Child, DWI Assault, or Intoxication Manslaughter.

Each of these crimes carries the possibility of jail time, in addition to high penalties and fines.

WHAT TO DO IF YOU ARE CHARGED WITH A DWI

If you are charged with DWI or other alcohol-related crime, remain calm. Do not plead guilty! A skilled DWI defense attorney can work with you to have the charges or sentence against you either reduced or dismissed. If you have been accused of any of the following offenses, a DWI defense attorney may be able to help:

• Public Intoxication
• Drunk Driving
• Driving While Intoxicated (DWI)
• Driving Under the Influence (DUI)
• Driving While Intoxicated with a Child Passenger
• Intoxication Assault
• Intoxication Manslaughter

If you are being held on an alcohol-related charge in Dallas, Collin, Denton, Tarrant or Rockwell Counties, call our office immediately at 214-282-0035 for an emergency jail release. We will post bond at the jail for you to be released, if possible, and will represent you on the criminal charges.

CONSEQUENCES OF A DWI CONVICTION

For most people, a DWI offense is their first experience with the criminal justice system. A DWI conviction can have a serious impact on your life, including the possibility of jail time, fines, surcharges, community service and a loss of driving privileges. It can also cause car insurance premiums to dramatically increase — or permit their insurance company to drop them completely. Because DWI and other alcohol-related offenses can have such negative consequences on your life, it is incredibly important that you contact a skilled Texas DWI defense attorney as soon as possible after being arrested or charged. In many cases, the Law Office of Chad West can provide a bond to get you released from jail in Dallas and the surrounding counties, and then can represent you and potentially have the charges either dismissed or reduced. Working with an attorney can help you on a potential deal with the prosecution, that would focus on getting help so that you are not at risk of committing another DWI offense. We can also assist clients with Driver’s License Suspension hearings, known as ALR hearings.

Swartz│Davidson Law handles Texas traffic ticket issues and warrants across North Texas’s municipal and Justice Courts. We also contest DL suspensions, handle CDLs, and occupational license applications.

In addition, Swartz│Davidson Law is routinely hired by other attorneys who simply cannot be at the same place at the same time to handle their traffic ticket and minor criminal defense dockets weekly.

Headed up by Atty. Marc J. Traynor, a National Barrister Award winning litigator, Marc’s tenacity and affably disarming demeanor have made him a favorite of courts and attorneys, earning him peer recognition in D Magazine’s Best Lawyers in Dallas. Our criminal defense attorneys will protect your rights and fight for them with the prosecutors and in the courtroom.

A public intoxication ticket can be more than embarrassing…it can saddle you with a criminal record that will follow you unless take care of it the right way at the right time.

What is Public Intoxication, Technically?

Penal Code § 49.02: an individual can be charged with public intoxication if they are (a) in a public place, and (b) so intoxicated they may endanger themselves or another person.

Intoxicated is defined in Texas as not being able to use mental and physical faculties, such as walking and talking, in a normal way from the use of alcohol, drugs and/or controlled substances.

A person can also be considered intoxicated if they have an alcohol concentration of at least .08 grams per 210 liters of breath, 100 milliliters of blood or 67 milliliters of urine. If the individual has blood or breath concentration (BAC) of at least the legal limit of .08 they are considered per se intoxicated, which means they can automatically be arrested for the offense.

A public place includes a licensed or permitted premise under the Texas Alcoholic Beverage Code, such as grounds and buildings, vehicles and any additions pertaining to the ground and any adjacent areas if they are under the control of the same person who is licensed to sell alcohol.

Public intoxication is not considered a lesser included offense for the purpose of driving while intoxicated (DWI), which means if an alleged offender has been charged with a DWI, but the prosecution cannot prove all of the elements of the offense, their charges cannot be reduced to a public intoxication offense.

Penalties for Public Intoxication in Texas

Public intoxication is typically a Class C misdemeanor offense, which can result in a fine up to $500.

First (and sometimes a second or third) offenses are usually met with a fine, increasing each time. Beyond that, prosecutors tend to seek stricter sentences and punishments, including the requirement to disclose the public intoxication conviction on future job applications, to college or graduate school admissions offices, etc.

If someone has been convicted of 3 or more public intoxication offenses or disorderly conduct offenses that have all been committed within the preceding 24 months of the current offense, they could receive a conviction for a Class B misdemeanor under Tex. Penal Code § 12.43. This degree of offense is punishable by fine up to $2,000 and/or a jail sentence up to 180 days.

Juvenile Public Intoxication in Texas

A person under the age of 21 who is charged with public intoxication can receive a conviction for a Class C misdemeanor for a first offense, which can result in a fine up to $500. If the person under 21 has been convicted of two or more previous alcohol-related offenses, the offense is punishable by a fine between $250 and $2,000 and/or a jail sentence up to 180 days.

If a minor has been placed on deferred disposition for a public intoxication offense, they are also required to:

• Attend an alcohol awareness program,
• 0 to 40 hours if there was a prior conviction for a similar offense, and
  • Complete community service 8 to 12 community service hours from an approved location/facility for a first offense, or
• Receive a driver’s license suspension for 30 days if no prior convictions for a similar offense, or
  • a driver’s license suspension for 60 days if there was a prior similar conviction, or
  • 180 days if two or more prior convictions for a similar offense.

If the alcohol awareness program is not completed on time, or evidence of the completed program is not timely presented to the court, the juvenile could receive an additional license suspension or license denial for up to 6 months for a first offense, or up to 1-year for a second or subsequent offense.

A Possible Defense to Public Intoxication in Texas

Under section 49.02(b) of the Texas Penal Code, an affirmative defense to public intoxication in Texas is where the person was given the alcohol or controlled substance for therapeutic purposes and as a part of the individual’s professional medical treatment by a licensed physician.

Public Lewdness is a type of sex crime. A conviction typically results in fines and/or jail time (depending on prolific proclivity). 3 or more convictions will require that person to register as a sex offender (regardless of whether a consenting adult partner was involved in any or all of those instances).

In Texas, Public Lewdness is defined as:(a) when a person knowinglyengages in a particular sex act and that act is either (b) in public, or (c) “reckless” as to whether someone else may be present who would be offended or alarmed.

The sex acts include:

• Sexual intercourse.
• Deviate sexual intercourse.
• Sexual contact.
• Sexual contact with a bird or animal.

So What’s A“Public Place”

Under Texas law, a public place can be anywhere that the public, or a substantial group of the public, has access to. That means that if you were engaged in sexual activity in a place where other people could have discovered you and been alarmed or offended, you’ve met the definition.

They mean parks, public restrooms, automobiles (especially if it’s on the road), common areas (e.g., apartment buildings), or other outdoor spaces.

A Bit of History On This

The Texas Public Lewdness statute has, in the past, been an effective tool of entrapment, arguably an aim of legislating that private morality.

Penalties for Public Lewdness in Texas

Public Lewdness is a Class A misdemeanor, carrying a potential penalty of up to 1-year in jail or a fine of up to $4,000.

Potential Defenses to Public Lewdnessin Texas

A number of potential defenses exist, including, but not limited to, entrapment, and being mistaken about the privacy and accessibility of the area where sexual activity was engaged in.

Have You Been Charged With The Most Common Crime?

According to the Texas Department of Public Safety, shoplifting is the most common theft crime, statewide. There are approximately 100,000 reported shoplifting offenses throughout Texas each year, with the value of stolen goods aggregating aboveapproximately $15,000,000 each year.

Fun Fact Though: The average value of stolen property is reported as being only $168…the lowest average value for any type of theft offense.

The most commonly shoplifted items worldwide are clothing and accessories, grocery items, and health and beauty products like makeup, shaving cream, and cologne.

Whatever they accused you of stealing, you need an aggressive criminal defense lawyer to help you fight the charges and protect you, your rights, and your futurefrom the inordinate consequences of receiving a conviction.

Shoplifting Penalties in Texas

The penalty you could receive for a shoplifting conviction depends on the value of stolen goods involved in your case.

If the item was valued at less than $50, it is a Class C misdemeanor which is punishable by a fine of $500.

For property valued at between $50 and $500, shoplifting is a Class B misdemeanor punishable by up to 180 days in jail and a $2,000 fine.

If the property was valued at between $500 and $1,500, the offense is a Class A misdemeanor and it carries a maximum sentence of up to 1-year in jail and a $4,000 fine.

If you have been arrested and/or charged with a theft-based crime, call Swartz│Davidson Law for your free, confidential, consultation at 469-909-1127.

Theft crimes are considered crimes of ‘moral turpitude.’ A conviction likely complicates or eliminates employment opportunities, housing opportunities, etc. Offenses include, but are not limited to, petty larceny, shoplifting, burglary, burglary of a vehicle, theft of services, and theft of trade secrets.

The penalty you could receive for a shoplifting conviction depends on the value of stolen goods involved in your case.

Criminal penalties in Texas include fines, paying restitution, and jail time.

If the item was valued at less than $50, it is a Class C misdemeanor which is punishable by a fine of $500.

For property valued at between $50 and $500, shoplifting is a Class B misdemeanor punishable by up to 180 days in jail and a $2,000 fine.

If the property was valued at between $500 and $1,500, the offense is a Class A misdemeanor and it carries a maximum sentence of up to 1-year in jail and a $4,000 fine.

With any misdemeanors, you may be eligible for deferred adjudication (i.e., no conviction upon completion of court-ordered action) or regular probation.

If you have been arrested and/or charged with a theft-based crime, call Swartz│Davidson Law for your free, confidential, consultation at 469-909-1127.

Assault crimes vary from Class C misdemeanors to felonies. They cover the ground from offensive touching to aggravated assault with a deadly weapon, including intoxication assault (a result of drinking and driving), and sexual assault.

PossiblePenalties for Assault Conviction in Texas

In Texas, Assault penalties range from fines to 20 years in prison and a $10,000 fine.

A misdemeanor conviction can result in 1-year in jail or/or $4,000 fine.

Felony assault charges can be either a 1st or 2nd degree felony.

So What’s A ‘Deadly Weapon’ Anyways?

A deadly weapon is technically anything that can be used to cause serious bodily injury or death.

Aggravated assault with serious bodily injury is any assault that results in the death, near death, or disability of the victim. Both forms of aggravated assault are subject to second degree felony charges that can be punished by 20 years in prison and a $10,000 fine.

Potential Defenses

It is extremely important to obtain statements from all witnesses at an early stage and determine whether there is any bias or ulterior motives that may help or hinder our client’s case. If they change their tune, their credibility (or lack thereof) becomes an issue to attack.

While every case is different, in almost every case a temper has flared and, at the very least, egos have been bruised. Swartz│Davidson Law will investigate the evidence in an assault case and select the strategy that best serves the interests of our client, given the circumstances they find themselves in.

If you have been arrested and/or charged with a simple or aggravated assault or battery, call Swartz│Davidson Law for your free, confidential, consultation at 469-909-1127.

If you (or your probation officer) believe you have violation the restrictions the Court placed on you as part of your probation, you have a serious issue that requires astute, aggressive representation.

Talk with attorneys confidentially first…do not make the mistake of speaking with the Court, the police, investigators, or employees of the same to try and “clear it up”…anything you say can (and will) be used against you.

In Texas, a violation of probation could be any one (or more) of the following:

1. A new criminal offense against the State of Texas (an arrest during your period of probation);
2. Possibly missing a required course and/or a required treatment program assigned to you per your probation agreement;
3. Drug offenses (including possession of drugs and/or selling of drugs);
4. Possession of a firearm;
5. Submitting unclean drug tests upon request;
6. Traveling or moving out of the state of Texas.

Swartz│Davidson Law attorneys in many caseshave successfully mitigated damages associated with a possible violation of your probation/community supervision conditions.

It is best to consult with an attorney as quickly as possible if you are in fear of a probation violation. Our office will work quickly to ensure that your rights are always protected. If you are facing a probation revocation charge, let us help you.

If you have been arrested and/or charged with a violation of the conditions of your probation, call Swartz│Davidson Law for your free, confidential, consultation at 469-909-1127.