No one wants to be charged with a crime in Texas. If you have been accused of a crime in Texas, hiring an experienced Montgomery lawyer for defence cases is vital. Whether you are charged with hit and run, assault, or drunk driving, a skilled criminal defence lawyer in Montgomery County, TX, improves your odds of a favourable outcome.
Felonies
Felonies are the most severe types of crimes that result in a year or more in jail or prison. Texas has first-degree, second-degree, third-degree, and state jail felonies.
Even a state jail felony can result in up to two years in jail and a fine of up to $10,000. Examples of state jail felonies are burglary, criminally negligent homicide, cruelty to animals, check forgery, and evading arrest in a car.
Misdemeanors
Misdemeanours may result in less than a year in jail. While misdemeanours are less serious, being convicted can have ruinous consequences on your life. Having a criminal record may result in you being unable to hold or keep a job or rent a home or apartment.
There are class A, class B, and class C misdemeanours. A class C misdemeanour is the least severe type and includes assault by threat, leaving a child in a vehicle, public intoxication, and a minor in possession of alcohol.
Sex Crimes
A sex crime accusation can be anything from sexual harassment to rape. Other possible serious charges are indecent exposure, spousal rape, statutory rape, prostitution, and soliciting child pornography. Even if you are not convicted, being charged with a sex crime is a serious matter. Your reputation could take a beating, so you should retain an attorney to fight the charge from day one.
Domestic Violence
A domestic violence case can occur between spouses, partners, dating couples, children, and parents. Crimes that can be charged under the law include emotional and physical abuse, rape, kidnapping, and stalking. As with a sex crime, a domestic violence charge and conviction can affect your ability to get a job, rent an apartment, and obtain child custody or visitation.
DUI
Drunk driving is one of the most frequent Texas crimes. Even for a first-time offender in Texas, it’s possible to be sentenced to jail and heavily fined. You may face more severe penalties if it is your second or subsequent DUI or if there was a minor in the vehicle.
Assault And Battery
You can be charged with assault and battery if you purposely apply physical force to another person without their consent. It can also be charged if the alleged victim fears for their physical safety. Penalties can be elevated if a weapon is used to commission the crime.
The Importance Of Evidence In Your Criminal Defense Case
Regardless of the charge you face, the evidence against you will largely dictate if you are convicted. Whether you face a drunk driving or sexual assault case, several types of evidence will hold the key to your case:
- Physical evidence: This evidence can be physically examined. If you were charged with rape or assault, DNA evidence could determine your guilt or innocence.
- Documentary evidence: This type of evidence includes police reports, witness statements, photos and videos, emails, texts, etc. Documentary evidence can deal with things that allegedly happened or put you at the scene of the crime.
- Testimonial evidence: This is often critical evidence that is offered in court testimony. You have the right under Texas law to cross-examine anyone who accuses you or is a witness against you. This evidence can be important for you if a prosecution witness changes their story or contradicts what they said before.
- Digital evidence: This evidence is usually accompanied by witness testimony. It may include charts, maps, models, or physical or digital crime reenactments
Regardless of the crime you allegedly committed, the above evidence can determine whether you are innocent or guilty. It is helpful to retain an attorney highly experienced in the type of crime you committed.
Always Hire An Experienced Criminal Defense Attorney
Facing a criminal charge in Texas without legal representation is almost always a mistake. Yes, you have the right to be a public defender. However, while public defenders are often dedicated and effective attorneys, they may have far more cases than they can handle. It’s unlikely that a public defender will obtain a similar case result as a dedicated criminal defence lawyer. Always ask for a criminal defence lawyer if you are arrested, and take advantage of your right to remain silent.
