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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:

  1. Injuring another human being, intentionally or otherwise

  2. Threatening to injure another human being, intentionally or otherwise

  3. Touching someone in an offensive manner, intentionally or otherwise

Some actions which may result in domestic violence charges include:

Physical Abuse

  • Hitting

  • Slapping

  • Biting

  • Denying needed medical care

Sexual Abuse

  • Any nonconsensual sex

  • Marital rape

  • Attacking genitals or other sexual body parts

  • Forced sexual intercourse after physical violence

Texas Marijuana Laws

sad girl in a corner
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 which 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 the Law Office of LaHood & Calfas, PLLC. Their expertise can help you toward working on the best solution for your case. Contact LaHood and Calfas for a free consultation.
NACDL
SBOT
TX Criminal Defense Lawyer Association
MABA
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