San Antonio Felony Defense Lawyer
If you have been charged with a felony in Texas, you are facing serious charges that can have life-long consequences. Don’t pay for one mistake for the rest of your life, contact an experienced San Antonio felony defense lawyer for aggressive defense strategies to help you avoid the harsh repercussions of a felony conviction.
A felony charge is an extremely serious matter. If you’re charged with a felony, there are serious consequences that could affect your future. Even before you’re convicted, you could experience negative effects. Potential negative effects include the possibility of losing your job, losing custody or visitation of your children, and even getting the roof over your head taken away. A conviction could, depending on the charge, mean that you’re no longer legally allowed to own a gun, be able to obtain certain kinds of professional licenses, or be able to continue your education if you need student loans. If you’re charged with a felony, you need to contact an experienced and aggressive San Antonio felony defense lawyer at Rush & Gransee to schedule your free and confidential consultation.
Most Common Felony Charges in Texas
There are many different felony charges. In fact, the State may charge a defendant with more than one felony. The most common felonies in San Antonio are:
- Felony drug charges
- Felony DWI
- Felony sexual assault
Felony Drug Charges – What Drugs Are Involved?
Felony drug charges are serious. They can also be extremely complicated and involve other areas of law, including constitutional law. You could be charged on the federal level. In San Antonio, the Texas Controlled Substances Act determines whether a drug is a “controlled substance” or a “dangerous drug.” Dangerous drugs, according to the law, are phenylephrine, pseudoephedrine, and dextromethorphan. What do those drugs have in common? You may have them in your system when you get pulled over because they’re commonly found in allergy, sinus, flu, and cold medicines. And if you’re whole family is sick, you could have more than one box when you get pulled over if you’re on the way home from the pharmacy. Yet, drugs with those active ingredients are considered substances that can be abused.
Felony drug charges may involve controlled substances. Those substances are classified as Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V. The lower the number, the more serious the drug is under Texas law. THC is considered a Schedule I drug (and considered to have no medicinal use) while PCP is considered Schedule II with limited medical use.
If you’re charged with a felony involving drugs, the State must prove that you knew the drugs were there, that the drugs were illegal, and that you had some sort of possession over the drugs. To discuss possible defenses, you should schedule a free consultation with an experienced San Antonio felony defense lawyer. Every drug charge has its own set of facts that must be considered. You can defend this if you didn’t have legal possession, you have a prescription, or you have the receipt.
If you’re pulled over or arrested for drugs, exercise your right to remain silent and your right to have a lawyer present during questioning. Don’t trust the police or anyone who questions you if they say they can help you. The police are legally allowed to lie to you. Prosecutors want to maintain their conviction record. Look out for yourself and your future by contacting our felony defense team.
Felony DWI in Texas
If someone has been accused of driving while intoxicated (DWI) for a third time the state may enhance the charge to a third-degree felony. The range of punishment if found guilty is two to 10 years in prison, all of which can be probated. However, in most cases it will be necessary to serve a minimum of 30 days in jail as a condition of getting probation. The immediately preceding DWI conviction must have been within 10 years for the state to enhance the charge to a felony. You’re also likely to face the disdain and judgment of society. You could even lose your license.
- Intoxication assault
- Intoxication manslaughter
- A third DWI offense
- DWI with a minor as a passenger in the vehicle
- DWI that causes a serious bodily injury
The consequences you could face depend on what you’re actually charged with. Examples include fines of up to $10,000, up to ten years in prison, an interlock device, community service, probation, and the suspension of your driver’s license.
For a felony DWI, it is essential to have a San Antonio felony defense lawyer represent you.
Felony Sexual Assault
Being accused of felony sexual assault is arguably one of the worst felony charges that you could face. Imagine the societal and professional consequences that could affect you if you’re charged, let alone convicted. Felony sexual assault includes, but isn’t limited to:
- Public lewdness
- Continued sexual abuse
- Possession of child pornography
- Promotion or child pornography
- Indecent exposure
- Aggravated sexual assault
- Statutory rape
- Indecency with a child under the age of 17 years
- Failure to register as a sex offender
False accusations happen. They’re more common than most people think. False confessions happen. Felony sexual assault, regardless of the actual charge or how it originates, is extremely serious. Protect your future and your name by scheduling a consultation with an experienced San Antonio felony defense lawyer.
A felony is crime that could cause you to spend more than one year in jail.
There are five classifications of felonies in Texas, starting with the most serious:
- Capital murder
- First degree
- Second degree
- Third degree
- State jail felony
These felonies may involve fines, prison sentences, probation, and other consequences. Even low level felonies are serious and can affect your entire life. You could be seen in a different light by the community, even if you’re innocent.
It’s important that you understand your rights and your legal options. A felony defense lawyer has the job of looking out for what is in your best interest. Call us as soon as you can after you’re arrested. Don’t agree to an interrogation without a lawyer even if you’re innocent.
Even Permanent Residents Could Face Deportation
Felony charges and the legal status of a non-citizen can get complicated and dangerous. Even if you’re a permanent resident, you could face deportation if you’re charged with a felony. You need an aggressive and knowledgeable San Antonio felony defense lawyer to help protect your future.
Kurt Gransee is a former Bexar County assistant district attorney with extensive trial experience and legal knowledge. Mr. Gransee has handled hundreds of cases, as a prosecutor and as a defense attorney, covering nearly all misdemeanors and felonies. He has experience in every criminal county and district court in Bexar County.
Read Our FREE Criminal Defense Guide
The San Antonio felony defense lawyer you decide to hire can make the difference between jail time or going free; or paying a higher fine or little or no fine. We can assure you that we will put our experience to work defending the charges against you and protecting your valuable rights. Remember, just because you have been accused of a crime does not mean you are guilty.
Additional Types of Felonies
- Intoxication assault — If someone, as a result of that instance of intoxication, causes serious bodily injury to another, the state may charge the accused with intoxication assault. The intoxication must have caused the accident; however, the accident can be a mistake. It is also likely that the state will allege that the automobile was a deadly weapon thereby increasing the potential penalty of the accused. For more information, see our discussions about DWIs under the DWI section.
- Intoxication manslaughter — If someone, as a result of that instance of intoxication, causes the death of another, the state may charge the accused with intoxication manslaughter. The intoxication must have caused the accident; however, the accident can a mistake. It is also likely that the state will allege that the automobile was a deadly weapon thereby increasing the potential penalty of the accused. See our discussions about DWIs under the DWI section.
- Injury to a child — The offense of injury to a child is also known as “shaken baby syndrome.” Shaken baby syndrome is usually diagnosed after a young infant dies or is admitted to the hospital with severe injuries. Injuries, which commonly occur, are intracranial hemorrhage, bilateral retinal hemorrhage, or various other injuries. All possible explanations for the injuries that will exculpate the accused must be investigated. Possible explanations include: someone else other than the accused caused the injuries, the intracranial hemorrhage may have been caused by an overdose of a decongestant containing phenylpropanolamine or the injuries were the result of an accident. An important issue in nearly all shaken baby cases is the timing of the injuries. If the possible timing of the injuries can be expanded it will increase the number of people who had contact with the child and therefore increase the number of people who may have caused the injuries. There are too many scenarios to discuss in any detail, suffice it to say, that in most cases it is advantageous to have an expert review the medical records of the injured child.
- Possession of cocaine — In most drug possession cases, there are a few issues that predominate. One is whether the officers conducted a proper search or arrest, the other issue is whether the prosecution can link the drugs to the accused. It is not enough that the drugs were near the accused. Both of these issues can normally be addressed with a motion to suppress.
- Misapplication of fiduciary property — A person commits an offense if he or she intentionally, knowingly, or recklessly misapplies property he or she holds as a fiduciary. Generally, a fiduciary is someone held in a position of trust. If the misapplied property has a value in excess of $1500 it is classified as a felony.
- Other Felonies — Because of the large number and various types of other felonies, it is impossible to describe in detail the many issues particular to the various felonies.
What Are the Possible Pleas?
For felony charges, there are three possible pleas: guilty, not guilty, and no contest. Guilty means that you’re admitting to the crime. Not guilty means that you’re denying that you committed the felony crime. No contest means that while you’re not admitting that you’re guilty, you’re also not disputing the felony charge. To understand how each of the possible pleas could affect you, as well as the process of plea bargaining and going to trial, call us today and schedule your free consultation.
If you’re in need of an experienced San Antonio felony defense lawyer, contact us today for a free consultation. We handle felony cases in San Antonio and throughout Texas. Contact us online or call (210) 239-0771.