Attorney Provides Representation for Misdemeanors in San Antonio, TX
A San Antonio lawyer experienced in dealing with minor crimes
A federal felony is a serious crime that carries the possibility of federal penitentiary confinement upon conviction. Examples of such crimes include:
I defend against these types of allegations through motions, hearings and trial practice. Many cases need hearings on matters involving bail, suppression of evidence and discovery of the government’s evidence. I am an experienced trial lawyer prepared to protect the individual’s constitutional right to a jury trial.
I represent you as a person — not a number
The potential for penitentiary time is great and the possibility of probation severely limited for federal felonies by both mandatory statutory minimums and the United States Sentencing Guidelines (USSG). The USSG are no longer mandatory, however, and the United States Supreme Court has returned sentencing discretion to individual judges. However, many judges still follow the USSG, making it easy for judges, prosecutors, and probation officers to treat a defendant as a number, not as a person.
I am an aggressive attorney who humanizes each client through vigorous representation, such as spending time with the probation officer preparing the pre-sentencing report, and requesting departures from the sentences prescribed by the USSG, based on factors unique to a particular case.
State felonies and misdemeanors
A felony in the state of Texas is an offense that carries a risk of incarceration in the Texas Department of Criminal Justice, Institutional Division or in a state jail facility. There are five grades of felony in Texas, the most serious being capital murder. Capital murder potentially carries a sentence of death or capital life, which means 40 years in prison before parole eligibility.
All felonies, with the exception of capital felonies, also carry probation options. First-degree felony probation is a minimum of five years, and a maximum of 10 years. Second- and third-degree felony probations are a minimum of two years up to a maximum of 10 years. State jail felony probations are a minimum of two years up to a maximum of five years.
Types of probation
There are two types of probation in Texas for felonies and misdemeanors:
- Deferred adjudication has two distinct aspects: positively, an individual who receives deferred adjudication will not have a felony conviction upon successful completion of probation; negatively, an individual who does not successfully complete probation is subject to the full range of available punishment. For example, an individual who violates the conditions of first-degree deferred adjudication is subject to a 99-year prison term.
- Regular felony probation also has two distinct aspects, negative and positive. First, the individual placed on regular probation has a felony conviction. However, if subject to a motion to revoke probation the prison term is never more than 10 years.
Classification of misdemeanors
Misdemeanors in Texas are in three categories: Class A, Class B, and Class C.
- Class A misdemeanors are punishable by up to one year in jail and a fine of $4,000. These offenses include driving while intoxicated-second offense; possession of marijuana, 2-4 ounces; criminal mischief; theft; and assault.
- Class B misdemeanors are punishable by up to six months in jail and a fine of $2,000. These offenses include driving while intoxicated-first offense; possession of marijuana under 2 ounces; evading arrest; evading detention; and failure to identify.
- Class C misdemeanors include traffic violations, petty theft, and offensive contact assault. The maximum punishment is a fine of $500, unsupervised probation, and no jail time.
- All three types of misdemeanors also have available deferred adjudication and regular probation options. Class A and Class B probations can run up to two years. Class C probations are generally 180 days or less.
Collateral consequences of a criminal conviction
These can include loss of driver license, the right to vote, immigration status, the right to bear arms, professional licenses, employment, school suspension, and lifetime registration as a sex offender.
Contact a San Antonio misdemeanor lawyer for more information
If you have been charged with a misdemeanor and would like more information about my services, please don’t hesitate to contact Kevin L. Collins, P.C. today for more information. I am happy to leverage my experience and significant knowledge of criminal defense to ensure that you receive a positive case result. Give me a call at 210.598.8629 or contact me online.