The Difference Between Misdemeanor and Felony Charges in Texas

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When you’re facing criminal charges, it’s important to understand the severity of the situation.

In Texas, like other places in the United States, criminal charges can be divided into two main categories: misdemeanors and felonies. Both can have a significant impact on your life, but there are key differences that you should know about.

Texas Misdemeanor Charges are Considered Less Serious Than Felonies

Misdemeanor charges are considered less serious than felonies and often result in less severe penalties. There are many types of misdemeanor offenses, but here are a few examples:

In most cases, misdemeanor charges carry a maximum penalty of one year in jail and a fine.

One important thing to note is that misdemeanor charges may not always involve intent. You can sometimes be charged with a misdemeanor, even if you didn’t intend to commit a crime. For example, accidentally damaging someone else’s property can result in a misdemeanor charge for criminal mischief.

Misdemeanor charges are typically heard in a lower court, such as a municipal or district court. This means the trial process is generally less formal and less complicated than for felony charges.

Texas Felony Charges Can Carry Severe Penalties

Unlike misdemeanors, felony charges are much more serious and carry more severe penalties. Murder, rape, arson and robbery are generally felonies. The penalties for felony charges typically include a minimum of one year in prison and a significant fine. In some cases, the penalties may include life imprisonment or even the death penalty.

Unlike misdemeanor charges, felony charges almost always involve intent. This means that to be charged with a felony, you must knowingly commit a crime. Felony charges are typically heard in a higher court. The process can be more formal and complicated than for misdemeanor charges.

Defense Strategies for Texas Misdemeanors and Felonies

When facing misdemeanor charges in Texas, your criminal defense lawyer may show that the prosecution lacks sufficient evidence, negotiate a plea bargain, or show that you did not intend to commit a crime.

Felony charges need a different defense approach since they carry harsher penalties. Your attorney may challenge the prosecution’s credibility by arguing that there isn’t enough evidence or by presenting evidence that undermines the prosecution’s witnesses.

If you were coerced or forced to commit the crime, your lawyer may argue that you should not be held fully responsible for the offense.

Get a Free Consultation With a Texas Criminal Defense Lawyer

If you’re facing criminal charges, it’s important to speak with an experienced criminal defense attorney who can help you understand your rights. Whether you’re facing a misdemeanor or a felony charge, a qualified attorney can provide valuable guidance throughout the legal process.

The attorneys of Lee & Wood have decades of experience defending people against misdemeanor and felony charges in Fort Worth, Weatherford, Granbury and all surrounding areas. We’ll do everything we can to protect your rights. Call 817-678-6771 or email us today for a free initial consultation.

What Is Texas’s Zero Tolerance Law for Young Drivers?

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When you hear about Texas’s “Zero Tolerance Law,” it’s referring to the state’s position on alcohol consumption by drivers under 21 years old.

The law says that if someone under 21 is driving with even the smallest detectable amount of alcohol in their system, they will be charged with DWI or DUI. The law applies to anyone under 20 who is driving a car, boat or airplane.

The DWI charge is for drivers under 21 who have a blood alcohol concentration of 0.08 or higher. If the underage driver has a BAC of less than 0.08, DUI is the charge. These rules apply to any driver who is under 21; they do not need to be a Texas resident or have a Texas driver’s license to face charges.

Penalties for Young Drivers Under the Texas Zero Tolerance Law

If convicted under the Zero Tolerance Law, underage drivers face these possible penalties:

  • First or second DUI offense: Underage drivers can be charged with a Class C misdemeanor. If convicted, they face up to $500 in fines, 20 to 40 hours of community service and mandatory alcohol awareness counseling.
  • Third DUI offense under age 17: This is also a Class C misdemeanor. The penalties include a $500 fine, 40 to 60 hours of community service, mandatory alcohol awareness counseling, and possibly the installation of an ignition interlock device to stop you from driving with any alcohol in your system.
  • Third DUI offense age 17 to 21: This is a Class B misdemeanor with fines up to $2,000, up to 180 days in jail, 40 to 60 hours of community service, and a one-year driver’s license suspension.
  • First DWI under age 21: This is a Class B misdemeanor with the same possible penalties as the third DUI offense.
  • Second DWI under age 21: This is a Class A misdemeanor with fines up to $4,000, jail time of 30 days to a year, and a driver’s license suspension of 6 to 18 months.
  • Third DWI under age 21: This is a third-degree felony with fines up to $10,000, jail for two to 10 years, and the suspension of the driver’s license for six months to two years.

Driver’s License Suspension for Violations of the Zero Tolerance Law

Notice that the DWI penalties include driver’s license suspensions while the DUI penalties do not. However, in DUI cases, separate from the criminal charges above, there will be an administrative proceeding to suspend the license.

Getting an underage DUI leads to these license suspensions:

  • First offense: 60-180 days
  • Second offense: 120 days to 2 years
  • Third offense: 180 days to 2 years

To avoid the DUI driver’s license suspension, you must request a hearing. This allows you to make an argument for why your license shouldn’t be suspended. You should discuss this possibility with your attorney.

Get Help Fighting Underage DWI or DUI Charges in Texas

Don’t make the mistake of simply pleading guilty to DWI or DUI charges under the Zero Tolerance Law. There may be a weakness in the case that a defense lawyer can use to help you avoid the worst outcomes.

Call the Fort Worth DWI and DUI defense attorneys of Lee & Wood, LP today at 817-678-6771 or email us to get a free case evaluation.

Failed Senate Bill Highlights the Ongoing THC/Cannabis Struggle

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When you count not falling further behind as a victory, you know you’re in a tough position. All over the country, legislators are easing restrictions on the use or possession of marijuana and THC products.

The rapid changes may lead to confusion and tragedy. Something that is legal in Oklahoma can lead to a felony conviction in Texas. While advocates are also fighting for cannabis reform here in Texas, other people are looking to push us even further down the road of criminalization.

Senate Bill 264

Hemp, which was once illegal across the country, has been legal federally and in Texas for several years. Hemp-derived CBD products are legal, provided they have a low enough concentration of delta-9 THC. The makers of these products have sought to avoid higher delta-9 THC concentrations in several ways, including by creating products that contain delta-8 THC from a laboratory.

Senate Bill 264 attempted to take aim at these lab-created products, basically expanding the current ban to more products. Fortunately, SB 264 died in committee. That means the Texas laws against cannabis and cannabis-related products, which are already among the most restrictive in the country, will not be getting harsher.

No Move Toward Legalization

Public attitudes regarding marijuana have undoubtedly softened in recent years. Many people are shocked to learn about the severity of the penalties for possession of THC oil, cannabis concentrates, and related products. While the general population would likely favor an easing of these restrictions, Texas lawmakers remain committed to the status quo.

A teenager caught with a vape pen containing THC oil residue could be jailed for up to two years. If you are arrested in connection with any of these products, you cannot afford to underestimate the trouble you’re in. While other states may have free-wheeling attitudes and laws to match, Texas law makes THC possession a deadly serious criminal matter.

Medical Marijuana Is Strictly Limited

The Compassionate Use Program (CUP) carefully regulates who has access to medical marijuana and what they can use or possess. It is only available to people with qualifying health conditions. Only a limited number of registered doctors can prescribe the products, and those products are restricted to low THC concentrations. Even if you have one of these conditions and use marijuana to treat it, you are breaking the law if you don’t go through CUP.

The people suffering these conditions may find that the available products don’t meet their needs. If you get the products you need in another state, just know that bringing them back to Texas is a crime, and you can be arrested and charged for your actions.

Strong Marijuana Defense Attorneys in the Fort Worth Area

If you have been arrested for possession of THC oil or cannabis concentrates, you need an experienced criminal defense attorney. Without a lawyer on your side, you will likely find the criminal justice system almost impossible to navigate.

At Lee & Wood, LP, we have the skill to protect your rights with a strong defense. Call us today at 817-678-6771 or contact us online to learn more.

Exoneration Numbers Highlight the Importance of Criminal Defense Attorneys

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The viewpoint that putting an innocent person in jail is worse than letting a guilty person go free helps shape criminal defense law. It might not be how the jury sees it, however. The number of wrongful convictions that were overturned in 2022 reached an all-time record. Every exoneration is proof that everyone, innocent or not, needs a strong criminal defense lawyer.

Exonerations Are too Rare to Be a Reliable Strategy

A criminal trial and, potentially, an appeal are generally the end of the line. The record number of exonerations set last year was still a meager 238 nationwide. Your best chance of a good result in the criminal justice system is to be found innocent in your initial trial.

As soon as you are arrested or charged, you need to speak to an attorney who understands criminal defense. Misdemeanors, felonies, and juvenile offenses should all be handled by an experienced legal team. You are far more likely to beat the charges by acting quickly than you are by hoping for an exoneration after your conviction.

Unreliable Evidence

According to the Innocence Project, most of the wrongful convictions they’ve helped overturn included eyewitness misidentification and the incorrect use of forensic science. While this type of evidence is not a part of all criminal cases, it’s worth considering that criminal courts can make mistakes.

In addition to evidence problems, the Innocence Project cites coerced pleas, misconduct by government officials, and inadequate defense as problems that can lead to a wrongful conviction. Importantly, each of these issues can be mitigated or even avoided by a skilled criminal defense attorney.

The Right to Remain Silent and Why You Should Use it

False confessions are another key factor in many exonerations. If you’ve never been through the criminal justice system, it might be easy to wonder why anyone would confess to a crime they didn’t commit. There are many reasons why false confessions occur, but most of them are the intentional result of police interrogation tactics. Investigators know how to pressure and even lie to people to get them to admit to wrongs they never committed.

A police interrogation is unlike anything people experience in their ordinary lives. False confessions are often secured after many, many hours of interrogation. People don’t understand what it’s like until they go through it. That’s why it’s always a good idea to remain silent when it comes to police questioning. Nothing you say will get the police on your side. They are only looking for ways to convict you. Saying nothing makes that much harder for them to do.

If You’re Facing Criminal Charges, Contact Us Now

Our Fort Worth criminal defense attorneys have the experience and skill you need. Getting through the criminal justice system takes careful guidance, hard work, and planning.

At Lee & Wood, LP, you will get a strong defense carefully tailored to your situation. The goal is to get the best possible result for you, whether through pretrial negotiations or in the courtroom. Call us to schedule a confidential consultation at 817-678-6771 or contact us online to get started as soon as possible.

What if You’re Accused of Violating a Protective Order?

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Protective orders, more often called restraining orders, are issued frequently by Texas courts in cases involving domestic violence or stalking. An order might be issued if you are arrested for alleged family violence or if a spouse or partner requests one from the court.

Being subject to a restraining order can greatly disrupt your life. It can prevent you from going near someone’s home or work. You could be forced to attend a battery prevention class, and you might have to give up possession of your firearms.

These disruptions can affect you for a long time because restraining orders can be effective for up to two years, or up to a year after you are released from jail.

What it Means to Violate the Conditions of a Restraining Order

Violating a protective order is a serious matter. It’s so serious that police can arrest you without a warrant as long as they have probable cause to believe you violated the order.

Officers can get probable cause by getting statements from witnesses, seeing physical evidence such as cuts or bruises on the victim, or from statements you make yourself.

Most Texas restraining orders spell out the things that you cannot do while you’re under the order. Typically, you can be found in violation if you:

  • Make direct or indirect threats against the protected person
  • Commit domestic assault
  • Get caught with a gun
  • Go too near the person’s house, school or workplace
  • Vandalize or damage the protected person’s property
  • Commit any other crime or act of violence against the protected person

What Happens if You Violate a Protective Order in Texas?

After your arrest, there will be a bail hearing. Here the judge will determine whether you violated the order with the intent to commit stalking or violence. If the judge believes that was indeed your intent, you could be detained without bail until your trial date.

Even if this is your first offense for violating a restraining order, you can be charged with a Class A misdemeanor. A conviction is punishable by up to a year in jail and/or a fine of up to $4,000.

For first-time offenders, lawyers can often convince judges to sentence you to probation or community supervision, plus counseling and possibly substance abuse treatment if needed.

If you have two or more previous convictions, you can be charged with a third-degree felony. This means a possible sentence of two to 10 years in prison.

If you’re accused of violating a restraining order, contact a lawyer right away. You may have defenses available. For example, you might not have even known a restraining order existed. A lawyer can also argue for more lenient punishments such as anger management or counseling instead of jail.

Call Our Fort Worth Lawyers if You Are Accused of Violating a Restraining Order

At Lee & Wood, LP we help clients fight against alleged protective order violations in Fort Worth, Weatherford, Granbury and all surrounding areas. We provide a free initial consultation where we’ll listen compassionately to you, and explain how we can help. Call 817-678-6771 or email us today.

What to Do if Your Child Is Arrested for Drug Possession

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What to Do if Your Child Is Arrested for Drug Possession in Texas

Most parents don’t expect to get a call from the police about their child. And hearing that your child has been arrested for drug possession can be especially distressing. Even though it’s an overwhelming situation, it’s essential to know what to do next so you can help your child.

What Is Drug Possession in Texas?

Drug possession in Texas is defined as having the custody, care or control of an illegal substance. Even if your child says that the drugs don’t belong to them and they were holding them for someone else, your child is still breaking the law.

If your child is under 17, they may be charged as a juvenile. Penalties for drug possession range from Class C misdemeanors to first-class felonies, depending on the type and amount of illegal substance the person possessed.

Take These Steps

Stay as Calm as Possible

Your child being charged with drug possession is a tough situation, and you may feel a range of emotions. Know that it’s okay to feel anger, disappointment, fear and panic. However, it’s critical to keep calm. Very soon, you’ll need to think clearly enough and focus on the next steps.

Reach Out to an Attorney

Your child shouldn’t talk to the police without legal counsel, so you should reach out to an attorney right away. Speak to a criminal defense lawyer who is experienced with the Texas juvenile system and will take time to learn about the unique circumstances surrounding your child’s case.

They’ll assess your case, help you understand the charges and guide you through the legal process. Your lawyer can also look at getting the drug possession charges reduced or dismissed for your child, depending on your situation. They can also help you understand the Texas Juvenile Justice system so you can feel better prepared.

Don’t delay getting legal counsel. The sooner you connect with an attorney, the sooner they can review police reports, talk to you and your child and examine the details of your child’s case, allowing them to put together a proper defense.

Don’t Allow Police Searches

If the police show up without a warrant and want to search your home or vehicle, you have the right to refuse. You may worry about appearing uncooperative, especially if you believe there aren’t any drugs to locate.

However, if the police do uncover drugs during their search, even if you didn’t know about them, they could potentially seize your property.

Is Your Child Charged With Drug Possession? We Can Help

Drug possession charges can be complex and overwhelming, so don’t try to navigate this situation on your own. The Fort Worth attorneys at Lee & Wood, LP. are experienced in the juvenile court system and can help you understand your child’s case and options.

Receive a confidential consultation by calling us today at 817-678-6771 or send a us message.

What College Students Should Know About Public Intoxication

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What College Students Should Know About Public Intoxication in Texas

Being a college student often comes with late-night study sessions, eating cheap meals and making new friends. However, it can also come with parties that involve drinking in public. This can put you and others in danger, and lead to legal consequences if you’re charged with public intoxication.

What’s Defined as Public Intoxication in Texas?

Texas Penal Code, Section 49.02 states that intoxication means not having the normal use of your mental or physical faculties due to your having alcohol, a controlled substance, drugs, a combination of these substances or any other substance in your body. An alcohol concentration of 0.08 or more also qualifies as intoxication.

This penal code defines public intoxication this way: “A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.”

Basically, if you were intoxicated, you were in a public place and you put your own safety or someone else’s at risk, you can be charged under this statute.

But what exactly does the term “public place” mean? Under Texas law, a public place is any location to which the public has access. This includes neighborhood streets, schools, hospitals, grocery stores, restaurants, public parks, office buildings and bars.

Is Public Intoxication a Crime in Texas?

In Texas, public intoxication is a Class C misdemeanor with a fine of up to $500, which applies to both people who are 21 and those below the legal drinking age. However, underage drinkers also have additional penalties due to Texas’ Zero Tolerance Law. These consequences include community service, a 30-day suspension of their driver’s license, and mandatory attendance of an alcohol awareness class.

Even though public intoxication is a misdemeanor, it should be taken seriously. The records of your arrest and case may be part of your permanent criminal record, which can in turn impact future opportunities, from your college admission to jobs you want in the future.

For instance, during the interview process for a job, you may have to disclose and explain your criminal case to an employer.

What Should I Do if I’m Charged With Public Intoxication?

Many college students are eager to move on from their public intoxication case, often representing themselves, pleading guilty and paying the fine as quickly as possible. However, doing so can result in a permanent criminal record.

When you’re charged, don’t plead guilty. Instead, reach out to a lawyer experienced in public intoxication cases. They can assess your case, provide you guidance and determine whether they can build you a defense.

Know Your Rights: Speak With an Attorney Experienced in Public Intoxication

If you’ve been charged with public intoxication, you don’t have to go it alone. At Lee & Wood, LP., we’re experienced in helping people understand their options and guiding them forward. For a confidential consultation with our Fort Worth attorneys, call us today at 817-678-6771 or send us a message.

What Constitutes Assault in Texas?

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Assault is a very serious crime. But the specifics of assault in the state of Texas can be complicated. Here’s a quick glance at the basics of assault in Texas.

Bodily Harm

If a person injures someone on purpose or because they’re being reckless, it’s considered assault, and it’s a Class A misdemeanor. However, it can also be a third-degree felony due to a variety of circumstances.

For example, a Class A misdemeanor can become a third-degree felony if the:

  • Person being assaulted is an on-duty security officer.
  • Victim is pregnant during the assault.
  • Assailant tries to block the victim from breathing by strangling the throat or blocking the nose and mouth.

Additionally, the crime can become a second-degree felony if the assaulter:

  • Knows their victim is a judge or security officer when they attack them.
  • Has been convicted of this crime previously.
  • And more.

Threatening Bodily Harm and Offensive Contact

People often assume that assault only happens when somebody physically harms another person. Sticks and stones, right? We have freedom of speech, don’t we? Anyone who believes these ideas is terribly mistaken.

Words do carry weight and people aren’t allowed to say anything they want without repercussions. If an individual threatens to cause bodily harm to another person, they could be facing Class C misdemeanor charges.

In addition to verbal threats of violence, the definition of “assault” can also include non-violent physical contact. For example, it’s considered a Class C misdemeanor assault if someone touches another individual and knows that the person will find it offensive or provocative.

Whether it’s threats of violence or unwanted contact, the charge can be increased to a Class A misdemeanor if the victim is elderly or disabled or if the verbal threat is an effort to force an individual to get an abortion.

It can become a Class B misdemeanor if the perpetrator is not a sports participant and they’re committing it against a sports participant during a game/event or in retaliation for something the person did during a sporting competition.

Possible Punishments for Assault

According to the Texas Penal Code, here are the penalties people can face if convicted of assault:

  • Class A misdemeanors can be punishable by a fine of up to $4,000 or a jail term of up to 365 days or both.
  • Class B misdemeanors can be punishable by up to 180 days in jail and a fine of up to $2,000.
  • Class C misdemeanors can be punishable by a fine of up to $500.
  • Second-degree felonies can be punishable by a 2-20 year prison sentence and a fine of up to $10,000.
  • Third-degree felonies can be punishable by a prison sentence of 2-10 years and a fine of up to $10,000.

Defending Those Facing Assault Charges in the Fort Worth Area

Have you been accused of assault? The experienced attorneys of Lee & Wood are ready to help protect your rights. To get your free, confidential consultation, call our law firm today at 817-678-6771 or simply send us a message online.

3 Crimes to Avoid When Hunting in Texas

Wildlife crimes,

Thousands of people go hunting each year in Texas. There are many different types of wildlife and game and a vast amount of land to cover, which makes this state an ideal location for hunting.

But hunting isn’t a free-for-all activity. There are many rules and regulations that people must adhere to in order to hunt legally. Here are a few of the wildlife crimes people need to avoid when hunting.

Hunting Without an ID

Hunting is a sport that many families enjoy together. The trips are a great way to encourage generational bonding, so hunting has been a longstanding tradition for many people in Texas. No matter what age you are, hunting can be a great experience. Just don’t forget to bring your ID.

Anyone over 17 must have a driver’s license or state identification certificate on them when they’re hunting. This law extends to non-Texans as well.

Waste of Game

Few hunters would do this, but it’s worth mentioning that killing an animal and simply leaving it behind is illegal. You must make a legitimate effort to retrieve your kill and include it in your bag limit; otherwise, you could face a Class C misdemeanor.

In addition, hunting white-tailed or mule deer, pronghorn, or desert bighorn sheep without retrieving them can be a Class A misdemeanor if you hunted without landowner permission or you hunted at night, from a public road, or from another prohibited location.

Trespassing

Hunters cannot go onto a landowner’s property for any reason without consent. Whether it’s to hunt, pursue an animal you shot that got away or you’re trying to retrieve your dog that wandered onto the land, you need permission from the landowner first.

Hunting Endangered or Threatened Species

If you kill a federally-recognized endangered species, you’ll face a $3,500 fine for a first offense. Even wounding or injuring one of these animals will result in a $2,000 fine. Some of the endangered or threatened species that inhabit or travel through Texas include:

  • Jaguar
  • Ocelot
  • Gray wolf
  • Red wolf
  • Louisiana black bear
  • Golden-cheeked warbler
  • Black-capped vireo
  • Attwater’s prairie chicken
  • Whooping crane
  • Eastern brown pelican
  • Bald eagle
  • Peregrine falcon
  • Northern aplomado falcon
  • Mexican spotted owl

Punishments for Breaking Wildlife Laws

When hunters violate wildlife laws, they can face thousands of dollars in fines depending on the severity of the crime. But that’s not all. Those found guilty of wildlife crimes could also face years in prison and have to forfeit their gear and firearms.

Helping You Fight Criminal Charges of Wildlife Crimes in Texas

Are you facing possible jail time or hunting license revocation due to wildlife crime charges? The experienced attorneys of Lee & Wood, LP will fight on your behalf and help you through this hard time. Call 817-678-6771 or send us a message online to request a free consultation.

What to Know About THC Concentrates in Texas

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Marijuana, specifically the THC component, is a hot topic in the United States. It’s been debated by politicians, and people often take strong stances on the morality of the drug. But since there is no firm consensus at the federal level on THC, the result is that there are inconsistencies from state to state over what’s legal and what isn’t.

Some states have it completely outlawed while others have it entirely legalized for recreational use. And other states, like Texas, allow it for medicinal purposes in low doses, but not recreationally.

What is a THC Concentrate?

Tetrahydrocannabinol (THC) is a cannabinoid and the main psychoactive ingredient of marijuana. If a cannabis product is manufactured with a high concentration of THC, it’s considered to be a THC concentrate. A couple of examples of THC concentrate would be hash and cannabis tinctures.

Are THC Concentrates Illegal in Texas?

Yes, THC concentrates such as oils, waxes, shatters and even gummies are illegal in Texas. Since they’re considered by state law to have a high potential for abuse and are unusable for medical purposes, they’re given Schedule I classification.

Penalties for possessing THC in Texas have a dramatic range. If a person is caught with less than one gram, they could face a fine of up to $10,000 and up to two years in prison. Even if a person is caught with a single vape pen containing THC, they could face up to two years in prison.

And that’s just on the low end of the spectrum. On the high end, a person caught with over 400 grams faces a fine of up to $100,000 and a prison sentence of up to 99 years.

There is a lot of middle ground, and sentencing varies based on the individual’s criminal background, but the main point is that the sentencing can get very severe even for those who aren’t distributing the drug. If a person is convicted of trafficking THC concentrates, the penalties will be much more severe.

Charged With Possession of THC Concentrates in Texas? Get Help From Our Attorneys

If you’ve been charged with possession of a THC concentrate or another drug crime, you’ll need the help of an experienced attorney. The drug crimes defense lawyers at Lee and Woods, LP have helped many people across Texas and will fight by your side to help you get the best possible outcome.
Call 817-678-6771 or send us a message online to schedule an initial consultation appointment.