Practice Areas and Legal Definitions

Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Punishment could be up to one year in jail and up to a $4, 000 fine. If confinement is imposed, it is served in the county jail rather than a state or federal prison.

Felony Crimes:
Felony Crimes involve serious charges such as drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery.

A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote. The penalty range for felonies in the State Of Texas are:

• State Jail Felony: 180 days to 2 years (with no parole) and a fine of $0-$10,000.
• State Jail Felony while using or displaying a deadly weapon: 2 years to 10 years and a fine of $0-$10,000.
• Third Degree Felony: 2 years to 10 years and a fine of $0-$10,000.
• Second Degree Felony: 2 years to 20 years and a fine of $0-$10,000.
• First Degree Felony: 5 years to 99 years or life and a fine of $0-$10,000.
  

If a person has previous criminal history that includes prior “trips” to a Texas state prison then the punishment ranges can actually increase.

DWI/Driving While Intoxicated:
A DWI occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DPS approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device.

In addition, a DWI conviction stays on a driving record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DWI could also jeopardize your employment opportunities.

However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with Intoxication Manslaughter). Further, a DWI conviction will likely be raised to a felony if it is the driver's third DWI offense or more.

Family Violence:
Family violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Family violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Family violence charges can have a serious impact on your life.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Texas has laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

Driving While License Invalid:
Driving with an invalid license is considered a crime, and can result in heavy fines and possible jail time. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DWI).

Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly. Fraud can be accomplished through the aid of forged objects. Fraud can be committed through many methods including mail, wire, phone and the internet.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Internet Crime:
Internet crime is defined as any illegal activity involving one or more components of the Internet such as websites, chat rooms and/or email. Internet crime involves the use of the Internet to communicate false or fraudulent representations to consumers. These crimes may include, but are not limited to, advance-fee schemes, non-delivery of goods or services, computer hacking, phishing, pharming, programming worms, viruses or employment/business opportunity schemes.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape.

Almost all sex crimes are considered felonies and require Defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge.

Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.

One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.

Appellate and Post Conviction:
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.

A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.

Expunction Motions:
An expunction of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expunction petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an expunction does not destroy records; it extracts and isolates the records. Under most circumstances, once an expunction has been granted those records cannot be disclosed. A person who has been granted an expunction can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second expunction, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.


If you or someone you know in Texas needs the skilled legal representation of an experienced Denton Criminal Lawyer, call J.T. Borah today at  866-707-2384, or complete the contact form provided on this site to schedule your free consultation.

• Bob Jones University – B.S. – Business Administration – 1984
• Regent University School of Law – J.D. – 1995

• All Texas State Courts
• Northern District of Texas
• Eastern Districts of Texas
• Fifth Circuit Court of Appeals

• Texas State Bar – Criminal Justice Section
• Denton County Bar Association
• Denton County Criminal Defense Lawyers Association
• Texas Criminal Defense Lawyers Association
  • Past President – 1998 & 1999
  • Past Secretary – 1997
• National Association of Criminal Defense Lawyers
• American Judicature Society