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Is There Such a Thing as a “Minor Charge”
Many Texans who find themselves looking down the barrel of their first criminal charge tend not to take it as seriously as they should. Maybe they have a friend who has caught a charge and noticed it didn’t really change their life. Or, perhaps they are looking at the cost of paying their fines versus the cost of hiring an attorney, and they decide the penalties aren’t so bad.
What they don’t see is that their friend is living in fear of being charged with another crime because they know it won’t be a “slap on the wrist” again. They don’t consider the fact that subsequent convictions will result in harsher and harsher penalties that far outweigh the costs of hiring a competent criminal defense attorneys to fight that initial charge.
Here at Shane Phelps Law, we know how serious all criminal charges are. Whether it’s your first DUI charge or you’re looking at your second or third drug possession charge, our team will explain the severity of this charge and subsequent charges and guide you through the legal process.
Learn more about our criminal defense practice areas here, or call 979-596-6843 to discuss how we can help you beat your charge.
Why Should You Fight Your First Charge?
Texas is a bit harder on criminals than other states. While this may seem unfair for people caught up in the criminal justice system, it is meant to set an example and deter other would-be criminals. That means that your first possession charge may not carry any incredibly harsh penalties, but a second or third charge? You could go from facing light fines to strict minimum prison sentences in no time flat.
Here are the penalties for some of the more common first offenses:
First-Time DWI
- Up to 180 days in county jail with a mandatory minimum of three days
- Fine up to $2,000
- Up to one year driver’s license suspension
- Mandatory DWI education/intervention program
- An ignition interlock device may be necessary
- SR-22 insurance required for 2 years post conviction
- Administrative license revocation (ALR)- Upon refusal or failing a BAC test, civil suspension applies; you have 15 days to request a hearing
An increased blood alcohol concentration of 0.15% or a DWI with a child under 15 will result in enhanced charges and harsher penalties.
Class A Misdemeanor
This can include aggravated assault and theft between $750 to $2,500.
- Up to one year in county jail
- Fines up to $4,000
Class B Misdemeanor
This can include first-time drug possession of up to 2 oz of marijuana.
- Up to 180 days in jail
- Fines up to $2,000
Class C Misdemeanor
These are typically charged for minor possession charges, disorderly conduct, and certain traffic violations.
- Fines up to $500
First-Time Felony
- State-jail felony- 180 days – 2 years incarceration and fines up to $10,000
- Third-degree felony- 2 – 10 years in prison and fines up to $10,000
- Second-degree felony- 2-10 years in prison and fines up to $10,000
- First-degree felony- 5 years to life in prison and fines up to $10,000
As you can see, even first-time charges can result in hefty penalties and even prison time. That alone should be enough incentive to fight your charges. But what about subsequent charges?
How Do Penalties Scale for Subsequent Convictions?
Texas doesn’t appreciate repeat offenders, and the scaling penalties prove this. We’re not talking about more expensive fines, we’re talking about life-altering punishments. For example, in Texas, if you are charged for a third DUI, you’re looking at a felony, and once you enter felony territory, it can be almost impossible to get your life back on track.
If you’re charged with subsequent felonies, the charges will be more severe each time. For example, if you’re charged with a first-degree felony and have prior felonies, you could be looking at 15 years to life in prison.
Do You Understand the Long-Term Effects of a Criminal Charge?
When you are convicted of a crime, you will face far more issues than just the legal penalties. Incarceration, fines, and legal fees are bad enough, but are you prepared to face the social impact that can follow you for the rest of your life?
Landlords will be able to see your criminal history when they do a background check on you, and they may decide to deny your application. The same is true for potential employers who want to avoid the stigma of hiring someone with a criminal history.
Students and professionals could face even worse problems. DWIs and other charges can revoke professional licenses, which you rely on to provide for your family. Students can face academic penalties, including the loss of grants and scholarships or even expulsion.
Can you imagine how any of these could change the direction of your life? Whether you’re a professional who made a simple mistake or a student who didn’t plan ahead, a criminal charge in Texas has the possibility of ruining your life, no matter how “minor” your first offense is.
Do You Need a Criminal Defense Attorney to Fight a First Offense?
Public defenders have massive case loads in Texas, and taking your charge on without legal representation can result in missing out on defenses and strategies that could save your future.
At Shane Phelps Law, we fight for our clients as if every criminal charge is a threat to their life, regardless of whether it is a first offense or subsequent charges, because we know it can be just that. Call 979-596-6843 to schedule a free consultation with our criminal defense team.
