Assault
If you have been arrested for any crime, there are short and long-term consequences to consider. At Monte J. White & Associates, P.C., we will protect your legal rights and attempt to mitigate those consequences.
Various Assault Crimes
Assaultive crimes can come in many forms, including misdemeanor and felony assaults. Family altercations, schoolyard brawls and club fistfights can all lead to a person being arrested and charged with assault. At Monte J. White & Associates, P.C., we will identify the issues, and resolve the case keeping your best interests in mind.
Domestic Violence and Protective Orders
Family violence is by definition a threat of bodily harm to any family member, and the courts in Texas take these charges very seriously. Upon sworn statement by the alleged victim, and without any notice to you, A Judge will likely issue a protective order against you if you are charged with domestic violence. A temporary restraining order may be signed by the Judge without hearing your side of the story, which will bar you from having any contact with your family members, including your children. You will likely be barred from returning to your own home and have to find another place to live. You will also need to make bail, which typically is set high in domestic assault cases. You will get a opportunity to tell the Judge your side of the story before a final Protective Order is issued against you, however, you must act FAST and hire a lawyer to properly represent you.
Consequences of a Conviction
Protective orders may be filed if your assault involved family members. It could result in a divorce and child custody issues could become more complicated. Your ability to secure a job may be severely compromised with an assault conviction on your record. We will strive to find a solution that has a minimal impact on your future.
Drug Possession
Marijuana
There is an assumption that marijuana is a relatively harmless drug, however despite movements in some states to legalize the possession and use of marijuana, it is still very much illegal to posses marijuana in Texas.
Convictions of possession or distribution of marijuana can carry stiff penalties, including longer jail sentences, high fines, and longer periods of probation. Your ability to have a driver’s license may be affected, which in turns, impacts your entire ability to earn an income and live a normal life. The consequences of a conviction are too severe to not seek legal advice.
Felony Level Drug Charges
The Office of Monte J. White & Associates, P.C. has lawyers experienced in handling felony level drug cases, whether it is methamphetamines (meth), cocaine, prescription narcotics or other substances, you can count on us to vigorously represent and advise you.
Domestic violence hurts everyone in the family. When emotions spin out of control and the police are called, Texas law comes down hard on alleged domestic abusers. It is difficult to get charges dropped, even by a family member.
Theft
In the State of Texas, theft charges can range from shoplifting, fraud, theft by check, theft of services, passing fraudulent checks, theft of copper, and a variety of other misdemeanor and felony thefts. Misdemeanor convictions can result in fines up to $4000, and time in the county jail. A first decree felony conviction carries penalties up to 99 years in prison plus a $10,000.00 fine. If you are facing incarceration don’t take a chance without a seasoned lawyer. Our Attorneys will diligently examine the evidence and advise you on the best course of action.
DWI/DUI
If you are involved in a DWI/DUI arrest or accident, you could lose your driver’s license without being convicted. Your rights need to be protected. A drunken driving conviction brings serious consequences. Your auto insurance rates will soar, and your driving license could be suspended or revoked, and you could face severe consequences at your place of employment. Our lawyers know how to handle your case with detail, reviewing all applicable laws regarding field sobriety testing and breathalyzer test results. Not all testing is handled correctly, and our lawyers may be able to have the court throw out any invalid test results.
Driver’s License Suspension
Driving is a privilege, not a right. But frankly, in today’s society, driving is a necessity, especially in our North Texas area, which has limited public transportation. Licenses may be suspended for a variety of reasons, including lack of proof of insurance, DWI, drug convictions, failure to pay child support and failure to pay fines. We know you can’t continue to support your family or pay fines if you don’t have a way to work. Each case is looked out individually to work out the best solution for regaining your driving privileges.
Managing Your Case
Upon taking your case, your lawyer will conduct a detailed review of all facts. Our team will review arrest reports and witness statements to determine if your rights were violated in any way. Our lawyers are charged with the responsibility to make sure the police and prosecutors act in an ethical way, and if the facts warrant, to seek a full dismissal of the charges if you were wrongfully accused. In some cases, your attorney may be able to work out a plea bargain with the prosecutor, by presenting your case in the best possible legal light given the evidence at hand. The attorney represents you, and will advise you on the best way to proceed given his or her years of experience and knowledge of the law, judges, and past jury verdicts in similar cases.
If you are ready to talk to someone, contact us for a free consultation. If you’d like to learn more, here are some common family law questions we receive.
Common Questions
WHAT ARE “RULES OF CRIMINAL PROCEDURE?”
The established methods and practices used to resolve criminal cases are embodied in a set of rules referred to as “criminal procedure.” The rules of criminal procedure are designed to ensure that an accused is given due process of law.
WHY IS “CRIMINAL PROCEDURE” DIFFERENT FROM “CIVIL PROCEDURE?”
In criminal matters, action is taken by the “state” (a federal, state or local government agency) against an individual or an organization (including, but not limited to, a group of individuals, “business” or other entity) for violation of law. Someone convicted of a crime can be ordered to pay a fine, can be put on probation or to serve time in jail. The sentence imposed upon a defendant who pleads or is found guilty is meant to deter that person from acting in the same manner in the future, to deter others from acting in a similar manner, and to punish the criminal.
In a civil matter, the controversy is between two or more “people” (including individuals, businesses or government agencies). The typical result is an award of a money judgment to be paid by one party to the other. The judgment is imposed to make the aggrieved person “whole” for the harm that has been caused by the other. The judgment in a civil matter does not include imposition of a criminal sentence.
The rules of civil procedure are different from that of criminal procedure because the results and objectives of the litigation differ.
WHAT IS A “CRIME?”
A crime is any act that violates the law. The definition of the prohibited act (or the failure to act in a manner that has been mandated) is set forth in writing by local, state and federal governments (in the form of a published statute).
CLASSIFICATIONS AND PENALTIES
Crimes are placed in different classifications based on their severity and penalty.
- Misdemeanorsare the “smaller” offenses that do not provide for penitentiary time as punishment. They are divided into three categories; A, B and C.
- Class Cmisdemeanors have fines up to $500 and no jail time. These offenses are the ones for which officers write tickets.
- Class Bmisdemeanors can have fines up to $2,000 and 180 days in the city jail.
- Class A misdemeanors can have fines up to $4,000 and one year in the city jail.
- Feloniesare divided into four classes as follows:
- State Jail Felony. This is the lowest class of felony and carries a fine of up to $10,000 and up to two years in a state jail facility.
- 3rd Degree Felony.This carries a fine of up to $10,000 and from two years to ten years in the penitentiary.
- 2nd Degree Felony.This carries a fine of up to $10,000 and from two years to 20 years in the penitentiary.
- 1st Degree Felony.This carries a fine of up to $10,000 and from five years to 99 years or life in the penitentiary.
- Capital Crimes carry either Capital Life (40 years before eligibility for parole) or the death penality.
If you are ready to talk to someone, contact us for a free consultation.