Getting arrested is a terrifying and potentially life altering event. A criminal conviction can result in jail time, fines, and court costs. A conviction can derail your career track and life goals, having a lifelong impact on you and the lives of your loved ones.

Even without a conviction, an arrest can leave your personal and professional life compromised, as most arrest records are public information. Without knowing the rules of the criminal justice system and your rights as you navigate that system, you are setting yourself up for failure.

The lawyers at Burns, Peña & Associates are here to fight for you, taking the stress of your arrest off your shoulders and helping you navigate the legal process. Attorneys Burns and Burns Peña use their lifelong criminal justice experience to make the process as painless as possible, holding your hand every step of the way.

A criminal conviction can be the most disruptive experience of someone’s entire life. Convictions, whether they include jail time or not, follow you forever. Things as simple as finding employment, owning a firearm, and buying a house can become much more difficult without a clean record. The attorneys at Burns, Peña and associates have the skills and capability to defend those accused of criminal offenses in the state of Texas.

Drug Defense

If you’re charged with possession of a controlled substance your minimum punishment is up to than 180 days in jail, a fine up to $2,000, or both. The maximum punishment for possession is detention in TDC for 10 to 99 years and a fine up to $250,000.

Homicide Defense

Murder is almost always a 1st-degree felony because this charge applies when the defendant allegedly knew that he or she would cause the death of the victim. Murder is also charged when a person engages in a dangerous act that causes the death of another person. In cases where death is caused during the commission of another felony, murder might be the charge instead of manslaughter.

Murder can also be a crime of passion, which qualifies as a 2nd-degree felony. However, the defendant must prove that adequate cause for that sudden passion existed; otherwise the 1st-degree felony charge stands. The penalty, if convicted, is imprisonment from 5 to 99 years, and financial penalties.

Prostitution & Solicitation of Prostitution

Under the new law, penalties for soliciting prostitution are much more severe. Even your first offense is charged as a state jail felony, and you can receive a maximum of two years in state prison, with a minimum sentence of 180 days and up to a $10,000 fine.

3G Offenses

These offenses are typically violent or sexually motivated offenses such as aggravated kidnapping, aggravated sexual assault or any offense where a deadly weapon is involved.

If you are convicted of a 3G offense, you will not be eligible for parole until you’ve completed at least two years or one-half of your prison sentence, whichever is longer.

Theft

A theft charge is considered a Class B misdemeanor when the value of the stolen property is $100 or more but less than $750 and has a maximum fine of $2,000. Possible jail time sentence is no more than 180 days.

DWI (Driving While Intoxicated)

Between 3 days and 180 days of jail time. License suspension for up to 2 years.

BWI (Boating While Intoxicated)

Boating while intoxicated (BWI) is a Class B misdemeanor, according to Texas Penal Code Section 49.06. A first-time conviction for a BWI comes with the possibility of jail time, ranging from 72 hours to 6 months.

DWI with a Child Passenger

DWI with a child passenger is a state jail felony in Texas. Penalties can include a jail sentence of 180 days to 2 years, a fine of up to $10,000, and driver’s license suspension for 180 days to 2 years.

Intoxication Manslaughter

An intoxication manslaughter offense under this section is a felony of the second degree, which may result in a fine up to $10,000 and 2 to 20 years in the Texas Department of Criminal Justice and a driver’s license suspension ranging from 180 days to 2 years.

Intoxication Assault

With a conviction, intoxication assault can result in a prison sentence between 2 and 10 years and a fine of up to $10,000.

Vehicular Manslaughter

2 to 20 years in prison. A fine of up to $10,000. Community service and/or community supervision (i.e., probation) Other penalties.

Domestic Violence

Types of violence include:

  • Common couple violence (CCV) which is not connected to general control behavior, but arises in a single argument where one or both partners physically lash out at the other.
  • Intimate terrorism (IT) which can also involve emotional and psychological abuse. It is one element in a general pattern of control by one partner over the other. It is more common than common couple violence, more likely to escalate over time, not as likely to be mutual, and more likely to involve serious injury.
  • Violent resistance (VR), which is sometimes interpreted as “self-defense,” is usually violence perpetrated by women against their abusive partners.
  • Mutual violent control (MVC) which is a rare type of intimate partner violence that occurs when both partners use violence to battle for control.
  • Situational couple violence which arises out of conflicts that escalate to arguments and then to violence. It is not connected to a general pattern of control. Although it occurs less frequently in relationships, and is less serious than intimate terrorism, it can be frequent and quite serious, even life-threatening.

Sexual Assault

Sexual assault, under any circumstances is a felony in Texas. This means, if convicted, you face between 2 to 20 years in prison as well as a fine upwards of $10,000. If your charge has risen to the level of aggravated sexual assault, they you face conviction of a first degree felony.

Drug Possession

Class A misdemeanor: Up to one year in jail and a $4,000 fine. State jail felony: No less than 180 days, and up to two years in a state jail, and a fine of up to $10,000. Third-degree felony: no less than two years and up to 10 years in prison and up to a fine of $10,000.

White Collar Crimes

White-collar offenses are generally nonviolent, financially motivated crimes. Some common crimes that law enforcement or prosecutors designate as white-collar crimes include:

  • Insider trading or antitrust violations
  • Embezzlement or money laundering
  • Environmental law violations
  • Bribery
  • Counterfeiting
  • Intellectual property theft, piracy or trade secret theft
  • Identity theft
  • Tax evasion
  • Kickbacks and public corruption

White-collar crimes also include fraud associated with industries such as bankruptcy, health care, insurance, credit card, internet, telemarketing, mail and securities.

 

Punishments can include a state prison sentence of 5 to 99 years and a fine of as much as $10,000. Theft of $100,000 to $200,000 is a 2nd-degree felony under Texas law. Punishments can include 2 to 20 years in state prison and a fine of as much as $10,000.

Traffic Violations

Your driver license may be suspended when you are convicted of

  • 4 or more moving traffic violations within a 12-month period, or
  • 7 or more moving traffic violations within a 24-month period.