Criminal Justice Attorney – Fighting For Your Rights, No Matter What

Criminal Defense Lawyer in El Paso

The Law Offices of Luis Yañez will help right when you call our office for a consultation. As a local firm, we’ve been the top-rated criminal defense lawyer due to our great quality. Our reviews and ratings speak about our reliable and experienced consult firm. For the best criminal defense, give us a call. 

Cases We Handle

The Law Offices of Luis Yañez can take care of all your criminal defense needs. As criminal defense lawyers, we’ve successfully handled a wide variety of criminal defense cases and continue to help hundreds of defendants each year. Some of our more frequent cases include defense for:  

  • DUI 
  • Driving Violations 
  • Domestic Violence 
  • Theft Charges 
  • Assault and Battery 
  • Drug Charges
  • Sex Crimes 
  • Resisting Arrest 
  • Probation 
  • Violations 
  • Firearm Offenses 

What Happens When You’re Charged

After the arrest and the police report, a prosecutor will read the police report and decide if you will be changed with the crime. If you’re charged with a misdemeanor in Texas, the District Attorney will decide to proceed with a criminal charge by filing a “complaint.”

Felony Charges in Texas

If you need a criminal defense lawyer in a felony case, we can also assist you. The process will begin as the case goes before a group of citizens known as a Grand Jury They will determine if there’s enough evidence to move forward. It’s always best to reach out to a lawyer right away if you have been charged with a felony. Felony charges range from capital felonies to third-degree felonies. We’ve outlined what each means below.

Capital Felony

Marked as the worst type of criminal offense. Some examples of Capital Felony include: 

  • Premeditated capital murder
  • Murder such as intentional, multiple, involved with another crime, with guns, of a police officer, or a repeat offense 
  • Espionage 
  • Treason 
  • Death resulting from aircraft hijacking 
  • Genocide

First Degree Felony

Some examples of Second Degree Felonies include: 

  • Aggravated or sexual assault against a child 
  • Solicitation or attempted capital murder 
  • Aggravated robbery, kidnapping, or assault of a public servant 
  • Burglarizing a habitation with the intent to commit a felony 
  • Causing a severe bodily injury to a child, disabled person, senior citizen
  • Trafficking children below the age of 14 
  • Arson of a habitation resulting in death

Second Degree Felony

Some examples of Second Degree Felonies include: 

  • Online solicitation of a minor under the age of 14 years 
  • Human trafficking 
  • Improper educator-student relationship 
  • Indecency with a child 
  • Manslaughter
  • Intoxicated manslaughter 
  • Marijuana possession (50 to 2,000 pounds) 
  • Arson 
  • Aggravated or sexual assault 
  • Robbery Bigamy
  • Second offense stalking
  • Bribery 
  • Evading arrest involving the death of another person

Third Degree Felony

This goes above the state jail felonies and misdemeanors. Some examples of Third Degree Felonies include:

  • Indecent exposure to a child 
  • Third offense DWI 
  • Tampering with evidence 
  • Aggravated perjury 
  • Stalking 
  • Possessing a firearm as a felon 
  • A third offense of violating a protective order
  • Escape from felony custody 
  • Deadly conduct with a firearm

State Jail 

This doesn’t exactly fall under the degree system but is a state crime where punishment is jail time of 180 days-2 years with a fine up to $2,000. These can also be lowered as a misdemeanor. Some examples include: 

  • DWI with a child passenger 
  • Criminally negligent homicide 
  • Possessing less than a gram of a controlled substance 
  • Burglarizing 
  • Check to forge 
  • Evading arrest with a vehicle 
  • Unauthorized use of a vehicle 
  • Theft valued from $1,500 to $20,000 
  • Cruelty to animals 
  • False alarm or reporting 
  • Identity fraud
  • Interfering with child custody 

Misdemeanor Charges in Texas

The least important or least serious offenses are called misdemeanors. These are sorted by different classification types based on the severity of the offense, class A, B, and C. Class A are the most severe offenses.

Class A

The most severe misdemeanor charge, Class A, can turn into a year in county jail and/or a fine up to $4000 and/or up-to two years probation. Examples include:

  • Perjury 
  • Burglarizing a motor vehicle or coin-operated machine 
  • Second offense DWI 
  • Assault with bodily injury 
  • Public lewdness 
  • Possessing 2 – 4 ounces of marijuana 
  • Promotion of gambling 
  • Jumping bail for a misdemeanor offense 
  • Escaping from misdemeanor custody
  • Resisting or evading arrest 
  • Carrying a weapon illegally
  • Animal cruelty 
  • Theft of a check 
  • Interfering with a 911 call 
  • Violating a protective order

Class B

Examples of a Class B misdemeanor include:

  • First offense DWI 
  • Indecent exposure in public
  • Prostitution
  • Silent or prank 911 calls
  • Intentionally lying to the police 
  • Presenting a fraudulent degree 
  • Rioting 
  • Criminal trespassing
  • Harassment 
  • Making terror threats 

Class C

Examples of a Class B misdemeanor include:

  • Any traffic citations 
  • Issuing a “hot” check for under $20 
  • Petty theft veiled at less than $50
  • Shoplifting of items valued at less than $50 
  • Leaving a lone child inside a vehicle 
  • Gambling
  • Disorderly conduct 
  • Public intoxication 
  • Possessing alcohol or tobacco as a minor 
  • Driving under the influence as a minor
  • Having alcoholic beverages in a motor vehicle 
  • Minor assault 
  • Bail jumping 
  • Drug paraphernalia possession

Texas Laws & Your Rights

Take advantage of your Fifth Amendment right to remain silent. Don’t try to talk your way out of the situation without the help of a lawyer. Don’t allow a search of your car, trunk, or house without consulting first from a criminal defense lawyer.

Charges You May Face

Most common misdemeanors will not result in time in a state penitentiary. Most misdemeanors will result in:

  • Fines: Most misdemeanors result in fines never exceeding more than $4,000
  • County Jail: Some charges could result in your imprisonment for a short time at a county jail or house arrest. 
  • You could also be sentenced to both fines and county jail time.

For a felony, you will face more severe penalties that may include:

  • State Jail Felony – Jail time from 180 days – 2 years and a fine up to $10,000
  • Third Degree Felony – Prison sentence from 2-10 years and a fine up to $10,000
  • Second Degree Felony – Prison sentence from 2-20 years and a fine up to $10,000
  • Third Degree Felony – Prison sentence from 5-99 years (or life sentence) and a fine up to $10,000
  • Capital Felony – Prison sentence of life without parole or execution 

Benefits of Our Lawyer Representation

If you’re charged with a misdemeanor or felony, it’s best not to plead guilty without a lawyer present to help you with your case. Remember, you are innocent until proven guilty. We have the knowledge and experience to help verify your innocence, and depending on your criminal history or background, we can work around many charges.  

Contact Our Law Firm Today

If you have any questions on a misdemeanor charge or if you’re facing a felony, contact us to be your criminal defense lawyer today. We can guide you through the process and help you make the best decision possible and assist in negotiations or dismissals. We’re here to fight for you and prove your innocence. 

Criminal Defense Lawyer in El Paso