State Crimes
Experienced Defense Lawyers Handling State Crimes in San Antonio
A state crime is an action in violation of the laws set forth by the U.S. state in which the alleged crime takes place. The laws are set forth by the state’s government.
Misdemeanors
There are three classes of misdemeanors in the state of Texas:
Class A
Penalty:
- $4,000 fine or less
- Up to one year in a county jail
- Possibility of no more than three years of supervision
- Animal cruelty
- Assault
- Avoiding or resisting arrest by running away
- Carrying an illegal or unlicensed weapon
- Driving while intoxicated (DWI) second offense
- Interfering with a call to 911
- Failing to appear in court due to a previous misdemeanor charge
- Lying while under oath
- Obscenity
- Possession of marijuana between 2 to 4 ounces
- Stealing of a coin operated machine
- Vehicular burglary
Class B
Penalty:
- $2,000 fine or less
- Up to 180 days in a county jail
- Possibility of no more than three years of supervision
- Driving while intoxicated (DWI)
- Falsifying a degree
- Filing a false report to a police officer
- Harassing another person
- Indecent exposure
- Making terrorist threats
- Possessing 2 ounces of marijuana or less
- Prostitution
- Silent 911 call
- Trespassing
Class C
Penalty:
- $500 fine or less
- Assault
- Disorderly conduct
- Driving while in possession of an alcoholic beverage
- Gambling
- Leaving a child inside of a vehicle
- Issuing a bounced check
- Public intoxication
- Underage alcohol possession
Domestic Violence
One misdemeanor that carries more weight than any other misdemeanor charge is domestic violence. Domestic violence is treated as a Class A misdemeanor and can carry serious fines and penalties with it.
Elements of domestic violence are the same as assault according to the state of Texas. The three primary elements of domestic violence include:
- Injuring another human being, intentionally or otherwise
- Threatening to injure another human being, intentionally or otherwise
- Touching someone in an offensive manner, intentionally or otherwise
Some actions which may result in domestic violence charges include:
Physical Abuse |
Sexual Abuse |
| Hitting | Any nonconsensual sex |
| Slapping | Marital rape |
| Biting | Attacking genitals or other sexual body parts |
| Denying needed medical care | Forced sexual intercourse after physical violence |
Texas Marijuana Laws
Marijuana possession in Texas can land you in jail. Even if the amount is only 2 ounces, the state of Texas can imprison you for a significant amount of time. Yet, some first-time offenders could choose a rehabilitation program instead of going to prison.
Derivatives of marijuana can lead to even harsher charges. For example, having hash oil could become a felony charge, which could get you a prison sentence of up to two years. Felony charges also apply when marijuana is sold in amounts greater than 5 pounds.
Expungement in Texas
You can get your criminal record expunged, or eliminated, in Texas. There may be individual items that cannot get removed from your record. You will need to apply for a Petition for Expunction, get it notarized and then schedule a court hearing.
The court will rule on whether you meet the requirements for having your record expunged. They will send a notification to any relevant parties so they can be apprised of your status. At the end of your hearing, you will receive a ruling on if your record can be expunged.
Make sure your info is as thorough as possible when putting it on the petition. Any missing info may result in a denial of expungement.
Want to Learn More About State Crimes?
Contact the criminal defense attorneys at LaHood Law. Our expertise can help you toward working on the best solution for your case. Contact LaHood Law for a free consultation.
About
- San Antonio Natives
- Aggressive trial lawyers with experience in federal, state, felony, and misdemeanor trials.
- Successfully handles felony cases as far as Pecos, Brownsville, LaGrange, Houston and Waco.
- Membership in Mexican American Bar Association, San Antonio Criminal Defense Lawyers Association, Texas Criminal Defense Lawyers Association, and the National Association of Criminal Defense Lawyers
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Licensed in Federal Western District of Texas and the Federal Southern District of Texas.
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4014 McCullough Avenue
San Antonio, TX 78212