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.
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 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.
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.
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.
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
– 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