Fort Bend Criminal Defense Lawyer

Fort Bend Criminal Defense Lawyer

Facing criminal charges in Fort Bend County, Texas can be a scary thing. You know very well that there’s a lot on the line.  Your freedom can be taken away with punishments such as jail time and license revocation, but also your reputation in the community and among family and friends is under threat.

Fort Bend Criminal Defense

You may even lose your job, be unable to attend school or be forced to move, regardless of whether or not you are ultimately convicted.

Take control of the situation now so that you can mitigate the damage that is to be done. When seeking out an attorney to mitigate the damages, experience matters. Contact Lindsay Lopez, today.

Types of Crimes We Can Help With

Drug Offense in Fort Bend County

Theft in Fort Bend County

Assault in Fort Bend County

Sex Offense in Fort Bend County

Have you been accused of a crime and need legal assistance?
Call or text us today at (409) 539-8089

Houston Criminal Defense Lawyer

Houston Criminal Defense Attorney

Have you found yourself in a situation where you need help because of an arrest? Not sure what to do after being arrested? Let Lindsay Lopez help guide you through these scary times.

You should be innocent until proven guilty. Do not allow yourself to be caught up in a system that takes advantage of someone without proper representation.  Hire a Houston Criminal Defense Attorney capable of helping you, guiding you and making a difference in your world.

From questioning and arrest to dismissal, Lindsay Lopez will  work her hardest to facilitate the best possible outcome for you.

Drug Offense Attorney in Houston

Possession of a Controlled Substance – What makes a drug a felony vs a misdemeanor?

The Texas Health and Safety Code categorizes drugs according to how addictive they are considered and put them in certain schedules. Following this schedule, the same drugs are placed in penalty groups that mirror their addictive nature. The most addictive drugs: heroin, meth, and cocaine are all considered penalty group 1 drug under the Health and Safety Code.

These are some of the most common drugs:

Tramadol (Schedule 3)
Alprazolam / Xanax (Schedule 3)
Carisoprodol / Soma (Schedule 3)
Heroin (Schedule 1)
Methamphetamine (Schedule 1)
Cocaine (Schedule 1)
Oxycodone (Schedule 1)
Valium (Schedule 3)
Ritalin (Schedule 3)

Both the schedule of the drug and the weight of the drug determine the penalty or punishment range for the offense. For example, less than two ounces of marijuana is a class B misdemeanor while less than a gram of methamphetamine is a state jail felony. Both the drug and the weight play into the penalty range. There are certain circumstances where probation is mandatory for some drug offenses. It is extremely important to hire experienced defense counsel who knows the ins and outs of drug offenses and can protect your rights.

Accepting a conviction for a drug offense will result in an automatic suspension of your driver’s license in most situations. This is just one of the collateral consequences of a conviction for a drug offense. It is important to be aware of not only the conditions of any possible plea agreement but what could happen in your life afterward.

Houston Criminal Defense Attorney

Robbery Defense Attorney in Houston

All property crimes stem from the intent to deprive another of their property. It is the intent what matters

Property crimes are particularly important to hire a defense counselor because they are categorized as crimes of moral turpitude. Moral turpitude is a fancy way of saying crimes involving dishonesty. Once you have a property crime such as a theft charge on your record it is extremely difficult to find employment.

Types of Property Crimes in Texas

All property crimes stem from the intent to deprive another of their property. It is the intent that is key. The individual does not have to be successful at actually stealing something but just have the requisite intent. In other words, if a person unlawfully enters another person’s home with the intent to steal but does not steal anything, they have met the statutory requirements for burglary of a habitation in the Texas Penal Code.

Theft

Theft offenses are charged according to the fair market value of the property that was allegedly stolen. Theft offenses can range from class C misdemeanors to felony-level offenses. The difference between theft and burglary is illegal or unlawful entry on or into one’s property.

Theft cases can be enhanced to state jail felonies if an individual has been convicted of two prior misdemeanors, regardless of the prior class level of the misdemeanor convictions. For example, if an individual has two prior class C misdemeanor convictions and steals gum, the next allegation of theft may be charged as a state jail felony.

Burglary

Just as with theft offenses, burglary offenses require that the individual charged have the requisite intent to deprive another person of property. Additionally, that same individual has to unlawfully enter (and in some circumstances remain) on or in a person’s property to be charged. An individual does not have to be successful in stealing or appropriating anything to meet the elements of burglary under the Texas Penal Code.

If it is alleged that an individual unlawfully entered a person’s vehicle, the appropriate charge is burglary of a vehicle. If it is alleged that an individual unlawfully entered an individual’s property and remained after being asked to leave, the appropriate charge is criminal trespass. If it is alleged that an individual unlawfully entered an individual’s property that contained a building that is not that same individual’s home then the appropriate charge is burglary of a building. If it is alleged that an individual unlawfully entered an individual’s property that contained a building that is the individual’s home then the appropriate charge is burglary of a habitation.

Robbery §29.02

The offense of robbery has the same base elements as a theft offense except that it involves an allegation of a threat of bodily harm or actual bodily harm. Imagine a case involving shoplifting at a local grocery store where the individual is stopped by loss prevention. In this circumstance, however, rather than, be escorted to the back office, the individual pushes the loss prevention officer and runs out of the store. This example set of circumstances may meet the elements for robbery under the Texas Penal Code.

Aggravated Robbery TPC §29.03

The offense of aggravated robbery, similar to robbery, can be met by the threat of serious bodily harm or by actually causing bodily harm. The clearest example is if an individual were to enter a store with a gun and use it to demand money. There does not have to be any harm done, only an implied threat that if the money is not handed over that harm may come to the complainant if they do not comply with the individual with the gun’s demands.

Penalty Ranges:

Theft (based on fair market value of the loss) §31.03
– Class C Misdemeanor (Less than $100 dollars)
– Class B Misdemeanor ($100 – $749.99 dollars)
– Class A Misdemeanor ($750 – $2,499.99 dollars)
– State Jail Felony ($2,500 – $24,999.99)
– 3rd Degree Felony ($30,000 – $149,999)
– 2nd Degree Felony ($150,000 – $299,999)
– 1st Degree Felony ($300,000 or more)

Unauthorized Use of a Motor Vehicle
– State Jail Felony

Theft with 2 or More Previous Convictions
– State Jail Felony

Theft of a Firearm
– State Jail Felony

Criminal Trespass
– Class B Misdemeanor

Burglary of a Motor Vehicle
– Class A Misdemeanor

Burglary of a Habitation
– 2nd Degree Felony

Burglary of a Building
– State Jail Felony

Brazoria County Marijuana Possession

Brazoria County Defense Attorney

Have you been charged with the possession of marijuana? Drug crimes in the state of Texas are considered very serious crimes, and possession of marijuana is no exception. Possessing marijuana is at least a misdemeanor criminal offense under Texas law.

Large fines and lengthy imprisonment can be the result of a possession conviction, as can consumption or selling of the controlled substance and/or drug paraphernalia. A conviction for possession of marijuana can also lead to some other hefty consequences and can result in the suspension of your driver’s license for up to one year, even if you get probation, and a permanent criminal record. In addition, college and graduate students can lose their student aid.

 

The amount of marijuana in your possession at the time of arrest will determine the penalties resulting in either misdemeanor or felony charges. The larger the amount, the more damaging the consequences you will face.

Brazoria County Drug Charges

While the state has passed some recent legislation legalizing marijuana with high CBD and low or no THC levels, it is for the treatment of severe seizure disorders and perhaps a few chronic diseases only, and that has some very strict requirements attached to it.

 

Whether you have been arrested for drug possession, find yourself fighting a DWI, or are trying to clear your name following an assault allegation, we are here to help. Call, text, or e-mail. Attorney Lopez is ready to answer your questions and concerns.

Brazoria County DWI Attorney

DWI In Brazoria County

Drinking and driving is not taken lightly in the state of Texas and can result in serious penalties. It doesn’t have to be the end of your career or life, however, if you retain an experienced attorney capable of handling your case. Brazoria County DWI

Each year roughly 90,000 men, women, and minors are arrested for a DWI or driving while intoxicated in Texas. This is a criminal offense which is oftentimes also referred to as driving under the influence (DUI).

According to NHTSA, the National Highway Traffic Safety Administrations, there have been about 1,400 drug and alcohol-related vehicle fatalities in the state of Texas since 2009. These stats rank Texas as a state with one of the highest amounts of alcohol and drug-related driving accidents in the nation. Brazoria County has its fair share of DWI arrests, as well. Find an attorney with experience that you can trust.

Brazoria County DWI Lawyer

If you were recently arrested in Brazoria County for drinking and driving, you should contact a criminal defense attorney immediately. The damage that alcohol and drug-related collisions can have on lives and property is immense and due to the potential for temporary and permanent damage. Experience matters. Lindsay R. Lopez, PLLC can make a difference in your experience with the Brazoria County Justice System.

Law Offices of Lindsay R. Lopez, PLLC  focuses on DWI and DUI arrests in the South East Texas area including, Harris County, Brazoria County, Fort Bend County, Montgomery County and more.

DWI Offenses in Brazoria County

In the penal code, there are quite a few different types of DWI offenses and enhancements that a person arrest for DUI in Brazoria County may face, including:

Whatever DWI/DUI related crime you may have been arrested for, you should not assume that going to court and pleading guilty is your only option. With an experienced DWI or DUI attorney in Brazoria County, you can remain out of jail and enjoy your freedom.

Brazoria County Defense Attorney

Brazoria County Defense Attorney

It is important to have an experienced attorney you can trust when trying to traverse your experience in the criminal justice system. Allow Lindsay Lopez to guide you along this process. If you’re looking for a Brazoria County Defense Attorney, Lindsay Lopez can assist you from arrest to dismissal.

Brazoria County Drug Charges

Brazoria County Drug Charges

With the changes in the laws involving marijuana, making any statement to a law enforcement officer regarding the substance in your possession may be the difference between going to jail or going home.

It is important to keep in mind that nearly every law enforcement officer is equipped with a body camera that is both visually and audibly recording your interaction to potentially be used as evidence against you during plea bargaining with the District Attorney’s office at a future bench or jury trial. The officer is aware of this and behaves accordingly…you should as well.

The mere presence around drugs is not enough to be found to possess an illegal substance. An individual has to knowingly possess them.

So then, what is possession of drugs?

What if your loved one is traveling in a car with marijuana in it and that car is pulled over….are they possessing marijuana in the car simply because they are riding in it?

Possession of a Controlled Substance – What makes a drug a felony vs a misdemeanor?

The Texas Health and Safety Code categorizes drugs according to how addictive they are considered and put them in certain schedules. Following this schedule, the same drugs are placed in penalty groups that mirror their addictiveness. The most addictive drugs: heroin, meth, and cocaine are all considered penalty group 1 drug under the Health and Safety Code.

These are some of the most common drugs:

Tramadol (Schedule 3)
Alprazolam / Xanax (Schedule 3)
Carisoprodol / Soma (Schedule 3)
Heroin (Schedule 1)
Methamphetamine (Schedule 1)
Cocaine (Schedule 1)
Oxycodone (Schedule 1)
Valium (Schedule 3)
Ritalin (Schedule 3)

Both the schedule of the drug and the weight of the drug determine the penalty or punishment range for the offense. For example, less than two ounces of marijuana is a class B misdemeanor while less than a gram of methamphetamine is a state jail felony. Both the drug and the weight play into the penalty range. There are certain circumstances where probation is mandatory for some drug offenses. It is extremely important to hire experienced defense counsel who knows the ins and outs of drug offenses and can protect your rights.

Accepting a conviction for a drug offense will result in an automatic suspension of your driver’s license in most situations. This is just one of the collateral consequences of a conviction for a drug offense. It is important to be aware of not only the conditions of any possible plea agreement but what could happen in your life afterward.

There are both misdemeanor and felony drug offenses:

Class C – Possession of Drug Paraphernalia (Marijuana pipe, etc.)

Class B – Possession of Marijuana <2oz Class A – Possession of a Controlled Substance State Jail Felony – Possession of Less Than a Gram of Cocaine 3rd Degree Felony – Possession of a Controlled Substance PG 1 1G-4G 2nd Degree Felony – Possession of a Controlled Substance PG 1 4G-200G 1st Degree Felony – Possession of a Controlled Substance PG 1 >= 400G

*The fact that there are drug offenses at every offense level makes it easier to negotiate cases downwards because there is always another drug offense one level down from wherever you are in the penalty range. Also, it is often the case that drugs are weighed while still packaged in a syringe or a plastic bag. Once removed from their packaging, it is sometimes the case that the drug weight is reduced enough to take the case down to a lower level penalty range….or at least arguably so…..

Drug Offense Enhancements

Drug charges can be enhanced in several ways. One of the most common ways drug charges are enhanced in when the case is charged, not as the defendant was just possessing the drug but the defendant was possessing the drug with the intent to manufacture/distribute the drug. If the offense is alleged in this way, the offense can be enhanced a felony-level upwards. For example, a second-degree felony would become a first-degree felony or a third-degree felony would become a second-degree felony.

 

 

Call the Law Office of Lindsay R. Lopez, PLLC at Phone: (409)539-8089

Unlawful Carry Laws – UCW – Houston Criminal Defense

Unlawful Carry Houston

Unlawful Carry Laws – Texas

The Texas Legislature made some sweeping changes during the 87th Legislative Session to overhaul the law that pertains to Unlawful Carrying of a Weapon (Section 46.02 Texas Penal Code) in Texas. Starting September 2021, all prior convictions for UCW (prior meaning any convictions prior to September 2021), regardless of whether you were convicted and received jail time or merely signed for probation, can now be immediately expunged off of your record. How this will affect federal gun laws is still unknown. Contact Law Office of Lindsay R. Lopez PLLC today to find out how we can help wipe your record clean!!!

Houston Criminal Defense Attorney

Possession of Marijuana in the State of Texas

Possession of marijuana Ch. 481.121 Health and Safety Code: it’s a crime in the state of Texas for which counties are consistently inconsistent. Some counties may let you go with a warning and a finger wag while others may escort you to the back of their patrol car.