It can be very difficult to figure out what penalties you face for drug possession in Texas without the help of a criminal defense lawyer in San Antonio.

Prosecutors will consider a variety of factors to determine the appropriate punishment under state law. Factors can include the type of drug with which you are caught, the amount of drugs in your possession, and whether there are any aggravating circumstances related to the arrest.

Type of Drug

Drugs are separated into several different types or penalty groups. Generally, these include:

• Penalty Group 1. Drugs like heroin, cocaine, methadone, methamphetamine, and ketamine.
• Penalty Group 1A. LSD (Lysergic Acid Diethylamide).
• Penalty Group 2. Hallucinogenic drugs like ecstasy, PCP, and mescaline.
• Penalty Group 3. Prescriptions drugs like Valium, Xanax, and Ritalin.
• Penalty Group 4. Drug compounds and mixtures such as those containing Dionine, and Buprenorphine.

Amount of Drug

After ascertaining the penalty group for the drug, prosecutors will determine how much of the drug you possess in order to determine the appropriate penalties.

Within each penalty group, there is a weight requirement, such as grams or units of the drug. For each corresponding weight, there is a penalty that can range from misdemeanor charges carrying 180 days in jail to first degree felony charges carrying up to 99 years of prison time.

Aggravating Circumstances

If there are aggravating factors associated with your arrest, you could face enhanced penalties. Some factors that can lead to aggravated charges include possession with intent to distribute or possession in a drug free zone such as a school.

Contact a Criminal Defense Lawyer in San Antonio

If you face drug possession charges, you may need the assistance of a criminal defense attorney to understand the charges brought against you and their possible penalties. The difference in a few ounces of a drug can mean the difference between spending several days in jail or several years.

Contact Us

If you have questions about your case, contact an experienced criminal defense lawyer in San Antonio by calling Christine and Mario Del Prado at 210-698-3533. We can explain your options and possible defenses.

Just because you have been charged with an assault, this does not mean that you will be spending time behind bars. With the help of a violent crime lawyer in San Antonio, you may be able to successfully defend the charges against you.

The stakes are very high in a criminal assault case. Someone convicted of the crime can face up to 99 years in jail for aggravated assault. Here are some commonly used defenses to assault charges that you should be aware of:

• Self-Defense. This is probably the most often used line of defense to an assault charge in Texas. Self-defense generally involves the defendant using force against someone in the belief that such force is necessary to protect himself or herself. Generally, the amount of force used in self-defense must be equivalent to the force with which the defendant was threatened. So you cannot shoot someone who threatens to push you. Also, self-defense is typically not available to verbal provocations alone or when the defendant provoked the encounter.
• Consent. Sometimes, the victim of an alleged assault may have consented to the assault. This defense frequently arises in sexual assault cases, but can also be used in other contexts as well.
• Defense of Another Person. Similar to self-defense, a defendant may be justified in assault if he reasonably believes that the force is necessary to protect the other person, and the amount of force used is appropriate.
• Defense of Property. In some cases, a defendant may use force to protect his property. This can occur in situations where property is threatened by arson or burglary, and the property cannot be protected by other means.

Contact a Violent Crime Lawyer in San Antonio

The defenses to assault charges are very fact-specific, and you will want to work with a lawyer to discuss the unique circumstances of your case and what options are available to you.

Penalties for assault are severe, and you should not fight your fight alone. Contact a violent crime defense lawyer in San Antonio by calling Christine & Mario Del Prado at 210-698-3533 to get help with your defense.

Being charged with sexual assault and aggravated sexual assault are very serious crimes in Texas, and a conviction on these charges could lead to many years in prison. As a result, you will want a San Antonio sexual assault lawyer on your side.

Sexual assault can oftentimes be a battle of he said/she said. Difficult issues like consent may be argued in court, and could mean the difference between being innocent and being convicted of rape. To prepare for your defense of a sexual assault charge, you should know some of the common defenses to fight the charge.

Defenses to Sexual Assault

• You Didn’t Do It. You can’t be guilty of a crime you did not commit. Sometimes in a sexual assault claim the purported victim may have ulterior motives for bringing a false claim such as jealously or a desire to harm you. You can prove your innocence by arguing that you couldn’t have possibly committed the crime by offering an alibi, presenting exonerating DNA evidence, and challenging the credibility of the accuser.
• Consent. This may be the most common defense used in a sexual assault charge. Unfortunately, in some circumstances, it can be very difficult to determine if consent was or was not given. Your San Antonio sexual assault lawyer can help you review all the evidence that might prove that there was consent.
• Mental Incapacity. As with other crimes, a defendant may offer insanity as a defense to a crime. Without the proper mindset, you may avoid being convicted of the crime.

Why an Accuser May Fabricate a Charge

There are a variety of reasons as to why an accuser would make up a claim. Some common reasons include:

• Shame. Sometimes the purported victim feels bad about consensual sex and then lies that the sexual encounter was rape.
• Extortion. Given the severe penalties of sexual assault, someone may fabricate a sexual assault charge to extort the defendant.
• Family Law Disputes. Divorce and custody disputes can get ugly and spouses have tried to use criminal sexual assault charges to gain an advantage in family court.

Contact a San Antonio Sexual Assault Lawyer

If you face a sexual assault charge, it is important to talk to a lawyer to discuss your possible defenses. Contact San Antonio sexual assault lawyers Christine and Mario Del Prado at 210-698-3533 to get help with your case.

If you have been charged with assault, you will want the assistance of a San Antonio criminal defense attorney.

An assault can be considered either a misdemeanor or felony in Texas, and the penalties can vary depending upon the specific facts of your case. An experienced attorney can review the charges against you and explain the penalties you face.

What Is Assault?

Assault generally includes one of the following acts that are committed intentionally, knowingly, or recklessly:

• Causing bodily injury to another
• Threatening another with imminent bodily harm
• Making physical contact with another if that contact would reasonably be considered offensive or provocative

As your San Antonio criminal defense attorney will tell you, you do not need to make physical contact with the victim to be charged with assault. You can be charged with the crime simply by making threats or even by making minor contact with the victim that is considered provocative.

If you are convicted of assault, you can face misdemeanor or felony charges. Generally, simple assault is considered a misdemeanor. For threats or minor contact that does not result in injury, you could face a class C misdemeanor charge and a monetary fine. For simple assault that results in minor injury, you could face a class A misdemeanor charge and up to one year in jail.

If you commit assault and there are extenuating circumstances like domestic violence assault, you could face third degree felony charges and possibly ten years of prison time.

What Is Aggravated Assault?

Aggravated assault is similar to simple assault except that you commit the assault with a deadly weapon or cause serious injury to the victim. The penalties for aggravated assault are much more serious; you could face a first degree felony charge and between five years to 99 years in a Texas state prison.

Contact a San Antonio Criminal Defense Attorney

If you have been charged with assault, you will need the assistance of effective counsel. There are a variety of assault charges and the penalties can be confusing. In addition, you should know that it can be hard for prosecutors to prove assault and that you may have many defenses available.

Contact San Antonio criminal defense attorneys Christine and Mario Del Prado at 210-698-3533 if you have a question about an assault charge.

Drug crimes are some of the most common criminal charges brought in Texas. Prosecutors treat these crimes very seriously and the penalties are severe. As a result, you will want to work with experienced San Antonio drug crime attorneys to fight these charges.

Types of Drug Crimes

There are a variety of different drug crimes that you may be charged with, such as:

• Possession. If you have illegal drugs under your care, custody, or control, you may be charged with drug possession.
• Possession with Intent to Distribute. Prosecutors will have to prove the elements for possession plus show that you had the intent to distribute. Prosecutors may prove this by introducing evidence regarding the quantity of drugs in your possession or the fact that you had materials in your possession indicating that you were planning to sell the drugs.
• Trafficking. This crime generally involves bringing illegal drugs into the state. Drug trafficking may be considered a federal offense, as the drugs may be crossing state lines or national borders.

What Penalties Do I Face?

The penalties for drug crimes are very complicated and you may want the assistance of San Antonio drug crime attorneys to understand your options and possible defenses.

Generally, the severity of the penalties depends upon factors like the type of drug that you possess and how much you possess, such as the weight or amount of the drugs. Penalties can range from misdemeanors with no jail time to felony charges which carry multiple year prison time.

Contact San Antonio Drug Crime Attorneys

A drug crime conviction can severely impact you for life. A conviction can affect your ability to get a job, cause you to lose your driving privileges, and create stress for your family. As a result, you will want to work with experienced legal counsel who can work on your defense and fight the charges.

For example, an attorney can help you challenge the legality of the search and argue that the drug evidence should be thrown out. In addition, your attorney can plea bargain with prosecutors and negotiate a favorable deal.

If you have been charged with a drug crime, contact San Antonio drug crime attorneys Christine and Mario Del Prado at 210-698-3533 to work on your defense.

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