Criminal Defense Attorney Sherman TX
What Is Criminal Defense?
Criminal defense is one of the bedrocks of the justice system and helps give truth to the principle that all defendants are considered innocent until proven guilty in a court of law. In a criminal trial, this doesn’t simply mean that the prosecution has to prove its case. It also means that the prosecution has to present evidence in such a way as to convince each juror that there is no reasonable doubt that the defendant is guilty of committing each crime.
After you are arrested, you should invoke your right to have an attorney represent you and do your best to secure the services of an experienced criminal defense attorney Sherman Tx. This is true even if you are only under suspicion of a crime but have not yet been arrested because the actions you take can and will be used against you when you are finally brought into custody.
What Are Some Common Types of Criminal Charges in Texas?
Law enforcement officials can charge you with a number of different felony criminal charges, including:
- Assault – if you threaten to harm someone else or you actually harm that person, you may be charged with assault and battery. Assault is usually defined as an intentional act meant to inflict harm, and can include threatening someone with a weapon, or running at someone with closed fists. Battery is defined as an action that completes the assault, such as shoving someone or spitting on a person. The act must be intentional with the purpose of inflicting harm, regardless of whether the victim was actually harmed.
- Abuse – child abuse and domestic abuse fall under this charge, which includes physical and psychological abuse. Child abuse is the intentional harming of a minor, and domestic abuse involves physical and psychological harm between family members or people who share the same residence in a relationship. Not all allegations of abuse are true, and a criminal lawyer can investigate the claims and petition for charges to be dropped if it is proven that the allegations are false.
- Drug Charges – whether you are accused of possession of illegal narcotics, distributing narcotics, intent to distribute, or manufacturing of narcotics, a defense attorney has multiple options for mounting a defense, including proving the drugs were not for distribution, or that the search for the drugs was done without legal authority. The police often charge everyone in a vehicle or a building when drugs only belonged to one person. Oftentimes the substance alleged is only a trace amount on a pipe. In some cases a defense lawyer can obtain a dismissal by showing you were not in actual possession of the substance. In some cases your defense lawyer may be able to obtain a sentence of probation, or a reduction to a lesser paraphernalia charge.
- Homicide – if you are accused of murder, you must secure an experienced attorney to protect your rights and to ensure that searches were conducted lawfully. In some instances, there may not be sufficient evidence for the arrest. In other instances, a defense lawyer may be able to get your charges reduced based on the facts of the case.
- Kidnapping – Keeping or holding someone against his or her will, preventing a person from leaving a site, or abducting a person is a serious charge. When you are accused of kidnapping, a criminal defense lawyer can investigate the circumstances and determine if your actions met the standard for a kidnapping charge. In some instances, kidnapping charges are dismissed if the victim’s claim is found to be false, and in other instances, a defense lawyer may be able to reduce the charge to false imprisonment, which typically carries a lesser sentence.
- Possession of Marijuana – Possession of marijuana In small quantities is a misdemeanor, but in large quantities may be a felony. Either way possession of marijuana is always a serious criminal offense in Texas. Possession of marijuana is not permitted for any purpose – medical or otherwise – in the State of Texas. A criminal defense lawyer may be able to show you were not in possession of the marijuana, or may obtain a sentence of probation.
- Theft – Any level of theft charge is a terrible accusation. In Texas, theft charges range from Class C misdemeanors punishable by fine only to first-degree felonies punishable by life in prison. No matter the level, a theft charge leaves a person with the stigma of being a “thief.” There is perhaps no worse label for a person in society. Any theft charge may prevent you from obtaining employment, housing, or benefits. A criminal defense lawyer may be able to get the charge lowered as much as possible, obtain a dismissal, or a sentence of probation.
- Fraudulent use/possession of Identifying Information – A low-level theft can easily turn into a felony if you are in possession of a whole wallet or purse simply because the item contains identifying items such as driver’s license, credit cards, and student ID’s. The state often charges people with this crime when they find a wallet on the ground and actually intend to return it to the owner. Sometimes your criminal defense lawyer may be able to show that you had no fraudulent intentions, and get the charge reduced to a misdemeanor, obtain probation, or even obtain a dismissal.
- Debit or Credit Card Abuse – Use of another person’s debit or credit card without permission is not just theft, it is a more serious offense in Texas. If you are accused of using a debit or credit card without permission, you need a criminal defense lawyer.
- Burglary – Unauthorized entry into a building to commit any type of crime is considered Burglary in Texas. Burglary of a home carries a sentence of up to twenty years in jail. You absolutely must have a criminal defense lawyer to show you were allowed on the premises, or did not intend to commit a crime.
- Weapon Charges – The Second Amendment gives Americans the right to keep and bear arms. But it is illegal to own certain guns, knives, and knuckles in Texas, and felons are not allowed to own guns. It is also illegal to carry certain weapons or carry them in the open. A criminal defense lawyer can help navigate the minefield of weapons charges and protect your right to keep and bear arms.
- Motion to Revoke Probation – If you have already plead guilty and convicted, then placed on probation, the state may allege you have violated the terms and conditions of probation. You have the right to an attorney and to a hearing before the judge on whether you did in fact violate your probation. In many cases, probation may be continued or extended with or without a sanction without fully revoking probation.
- Motion to Adjudicate – If you have already plead guilty but the court deferred a finding guilty and placed you on probation, the state may allege you have violated the terms and conditions of probation. You have the right to an attorney and to a hearing before the judge on whether you did, in fact, violate your probation. In many cases, probation may be continued or extended with or without a sanction without a conviction on your record and without fully revoking probation.
You Have the Right To a Strong Criminal Defense Attorney Sherman TX
After your arrest in a felony or misdemeanor crime, you should immediately exercise your right to have a criminal defense attorney Sherman Tx. It’s important to remember that anything you say without a lawyer is fair game if your case goes to trial, so hiring a strong law firm – such as the team at David K. Wilson & Associates – is your best move.
We will mount a strong defense and ensure that your rights are protected throughout the entire process. Please call us today at 903-870-9050 to discuss all your criminal defense attorney Sherman Tx legal options. Our main office located in Sherman, TX.