HOUSTON CRIMINAL DEFENSE & DWI DEFENSE ATTORNEY BLOG

CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by:

(3) both such fine and confinement.

Examples of Class A misdemeanors include:

* Assault Bodily Injury
* Violation of a Protective Order
* Burglary of a Motor Vehicle
* DWI (2nd Offense)
* Criminal Trespass (Habitat/Dwelling)
* Resisting Arrest
* Stealing Checks
* Perjury
* Deadly Conduct (No firearm)
* Possession of Firearm (Prior family violence conviction)
* Obscenity
* Unlawfully Carrying Weapon
* Unlawful Restraint (No Child)

CLASS B MISDEMEANOR. An individual adjudged guilty of a Class B misdemeanor shall be punished by:

(3) both such fine and confinement.

Examples of Class B misdemeanors include:

* Assault (by threat or offensive contact with sports participant)
* Criminal Trespass (Not habitation/dwelling)
* Disorderly Conduct (Firearm)
* DWI (1st Offense)
* Evading Arrest (not in a vehicle and no injury)
* False Report to a Peace Officer
* Harassment (1st Offense)
* Possession of Marijuana (Less than 2 ounces)
* Prostitution
* Terroristic Threat

CLASS C MISDEMEANOR. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.

Examples of Class C misdemeanors include:

* Assault (Threat or Offensive Contact)
* Disorderly Conduct
* DUI by a Minor
* Gambling
* Issuance of a Bad Check
* Minor in Possession of Alcohol
* Possession of Alcohol in a Motor Vehicle
* Public Intoxication
* Traffic Violations

J. Cole Brooks CRIMINAL DEFENSE LAW, Criminal Law FAQ's

A capital felony is punishable by life in prison or death by lethal injection.

Examples of capital felonies are any number of versions of capital murder:

* Murder of a police officer or fireman
* Murder committed during a kidnapping, burglary, robbery, aggravated sexual assault, or arson
* Murder committed while incarcerated or while escaping from a penal institution
* Murder for remuneration or hire
* Murder of a child of six years of age or less
* Murder of multiple people

First Degree Felony

A First Degree felony is punishable by a jail sentence ranging from 5 to 99 years in prison. Additionally you may be forced to pay a fine of up to $10,000.00.

Examples of First Degree Felonies are:

* Murder
* Aggravated Sexual Assault
* Aggravated Robbery
* Aggravated Kidnapping
* Arson to a place of worship
* Arson that results in bodily harm
* Theft or criminal mischief of $100,000.00 or more
* Burglary of a habitation with the intent to commit felony other than felony theft

Second Degree Felony

A Second Degree felony is punishable by 2 to 20 years in prison and you may be required to pay a fine of up to $10,000.00.

Examples of Second Degree felonies are:

* Murder committed in sudden passion
* Manslaughter
* Indecency with a child by sexual contact
* Sexual Assault
* Robbery
* Theft or criminal mischief of $20,000 or more
* Aggravated Assault
* Burglary of a habitation
* Arson

Third Degree Felony

A third Degree felony is punishable by 2 to 10 years in prison and you may be required to pay a fine of up to $10,000.00.

Examples of Third Degree felonies are:

* Violating Protective/Magistrate’s Order (third conviction or commits assault or stalking);
* Theft/Criminal Mischief of $20,000 or more
* Kidnapping
* Stalking with prior conviction
* Intoxication assault
* DWI (third offense)
* Violating a protective order or magistrateʼs order

Fourth Degree Felony

A Fourth Degree felony is punishable by 180 days to 2 years in state jail and you may be required to pay a fine of up to $10,000.00. In some cases the court will require you to serve the same punishment as a Class A misdemeanor.

Examples of Fourth Degree felonies are:

* Criminally negligent homicide
* Criminal nonsupport
* Burglary of a nonresidential building
* Theft or criminal mischief of $1500.00 or less
* Forgery or a check or credit card
* Criminal mischief to a habitation with a firearm or explosive weapon

J. Cole Brooks CRIMINAL DEFENSE LAW, Criminal Law FAQ's

If a law enforcement officer pulls you over and asks to search your vehicle, You have the RIGHT to politely tell the officer “NO”!!!! By telling the officer “no”, the officer must have probable cause or some recognized exception under the law to probable cause before an officer can legally conduct a search of a vehicle. For example, a police officer can not just pull you over for a routine traffic stop, and then conduct a full search of your vehicle without some probable cause or reasonable suspicion to first of all stop you, and secondly probable cause to perform a search. However, often individuals waive this right by consenting to a search. That’s why officers generally ask you, “may I search your vehicle”. By stating yes, you have effectively waived any privacy interests under the 4th Amendment of the U.S. Constitution and under the Texas Constitution. By saying yes, you basically allow an officer to search your vehicle without needing probable cause to do such. Thus, if an officer’s search turns up evidence of criminal activity, that evidence can be used against you in a criminal prosecution. So in other words, don’t voluntarily make law enforcement’s job any easier to prosecute you. If law enforcement conducts a search without your consent and lacks probable to do so, then any evidence obtained as a result of the search generally cannot be used against you in a criminal prosecution. JUST SAY NO!!!

J. Cole Brooks Drug Crimes, Search & Seizure Law Search & Seizure Law

Currently, a DWI conviction will result in an individual having to pay DPS an annual surcharge for three (3) years from the date of the conviction. The surcharges for a DWI conviction include:

1st Conviction: License Suspension from 90 days to 365 days;
2nd Conviction: License Suspension from 180 days to 2 years.

J. Cole Brooks DPS Surcharges & Driver Responsibility Program, DWI & DUI Penalties DPS Surcharges, DWI/DUI LAW

In Texas, if your license is suspended for any reason you have a right to request an ALR hearing. An ALR hearing is basically an informal mini-trial to determine if your license was or is about to become suspended for a legitimate reason. In a DWI case, an ALR hearing is a useful tool to determine how good the State’s case is against you. You get to subpoena the officers and experts to the ALR hearing, and take their testimony. This is very helpful in determining what route you should take in your DWI defense, and what evidence that the State has against you. This is evidence that you likely will not uncover prior to the time of your criminal DWI trial.It can help to keep you from being surprised,and can help in defending your DWI case. If you intend to fight your DWI, you should consider asking for an ALR hearing. You have 15 days from the date of service with the notice of suspension letter to request an ALR hearing.

An ALR hearing may also be requested for drivers that have received notice of a license suspension due to habitual traffic ticket convictions, failure to maintain financial responsibility and causing an accident, and other criminal and traffic law violations.

J. Cole Brooks Administrative License Revocation (ALR) Hearings, DWI/DUI LAW ALR, DWI/DUI LAW

Generally, the penalties for DUI as a minor, in addition to suspension of your driving license, include:

3rd Offense: Class B misdemeanor. For a third offense the minor will still be required to complete between 40 and 60 hours of community service, however deferred adjudication is no longer an option. As with the first two offenses the minor will be required to attend an alcohol awareness program within 90 days of your conviction, and if the minor is under age 18 a parent or guardian will be required to attend both the minor’s court appearances and the alcohol awareness program. If, on the other hand, the minor is 18 years of age or older at the time of his third offense, the penalty is much higher. Specifically, the minor will receive a fine ranging from $500.00 to $2,000.00; confinement in jail for up to 180 days; or both a fine and some jail time in addition to a license suspension.

J. Cole Brooks DWI & DUI Penalties, DWI/DUI LAW DWI/DUI LAW

Generally, the penalties for DWI include:

1st offense: a first-offense conviction includes a fine not to exceed $2,000.00 and/or the possibility of serving jail time from 3 days to 180 days, and a driver’s license suspension of 90 to 365 days. (Class B Misdemeanor).

DWI where a death has occurred as a proximate cause of the intoxication: here, the crime is intoxication manslaughter. Upon conviction you might have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies).

In some of the above minor classifications you may be eligible for probation, but there is no guarantee that you will receive a probated jail sentence or fine.

J. Cole Brooks DWI & DUI Penalties, DWI/DUI LAW DWI/DUI LAW

J. Cole Brooks
Attorney & Counselor At Law
Kubosh & Associates
1619 Lubbock
Houston, TX 77007
Cell: 281-795-4720
Office: 713-222-0880
fax: 713-222-7020
email: jcole@colebrookslaw.com
website: www.colebrookslaw.com

J. Cole Brooks CRIMINAL DEFENSE LAW

I aggressively defend those individuals that have been accused and charged with violating Texas criminal offenses. In addition, I also represent juvenile offenders that been accused of delinquent conduct and/or criminal violations. I primarily represent individuals that have been charged with state misdemeanor or felony offenses. These criminal misdemeanors and felonies may include:

*Class A, B, and/or C Misdemeanors
* Felonies
* Burglary
* Robbery
* DWI/DUI
* DWLI/DWLS
* Marijuana Possession
* Felony Drug Possession
* Assaults
* Theft
* Criminal Trespass
* Disorderly Conduct
* Bad Check Cases
* Traffic Tickets

I have experience in handling and trying criminal and cases in Harris County and the greater Houston area. Although I cannot guarantee a particular outcome, I will always strive to seek a dismissal in any criminal case. In cases where a dismissal is unavailable, I will seek to reach a favorable plea bargain from the prosecutor. In other instances, a jury trial may be necessary to seek an acquittal or dismissal in your criminal case.

Don’t go into court without having someone on your side to advocate and defend your rights against the State. Being charged with a criminal misdemeanor and/or felony is a serious matter. A criminal conviction may result not only in jail and/or fines, but also may result in collateral consequences including:

* loss of employment;
* loss of a security clearance;
* loss of a driver’s license;
* loss of the ability to rent an apartment;
* loss of the ability to hold a professional license;
* loss of the ability to hold public elected office;
* loss of civil rights, such as the right to vote;
* loss of right to possess a firearm;
* loss of certain educational opportunities and student loans; and
* deportation.

Generally, I charge a reasonable flat fee to represent an individual in a criminal misdemeanor case. Generally, I require the one-half (1/2) of the fee is paid up front to retain my legal services, and the other 1/2 to be paid within 30 days. Alternative payment methods may be arranged on a case-by-case basis. This flat fee includes the filing of any pretrial motions and legal representation at all scheduled non-trial/pretrial settings. However, an additional trial fee is required for those cases that require a trial. Trial fees will vary depending upon the circumstances of each individual case. I offer flexible payment plans and accept major credit cards.

I will always strive to defend your constitutional rights and fight to ensure that you receive the fair treatment that you deserve at an affordable rate.

If you are seeking adequate legal representation in a criminal felony and/or misdemeanor case, please feel free to contact me to arrange for an initial no-cost confidential consultation. Consultations are available in the evenings, as well as, on weekends.

Always remember you are innocent until you are proven guilty!!!

J. Cole Brooks CRIMINAL DEFENSE LAW