Criminal Defense, DUI, Divorce, Patent Attorneys of San Antonio, Texas
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Law Firm OverviewCook & Cook Law Firm, PLLC is a divorce, criminal defense and patent law firm which has served clients throughout San Antonio, Texas and the surrounding areas since 2006.
Cook & Cook Law Firm, PLLC takes care to be accessible, welcoming and informative throughout the entire process. The firm's personalized representation allows clients to feel confident that they are more than a number. Its attorneys make every effort to learn about clients so that a warm and trusting relationship may form and strengthen the probability of a favorable outcome. The firm helps make sense of the complexities of divorce, aggressively defends its clients in criminal cases and provides effective solutions to patent-related needs.
Areas of Law
Additional Areas of Law: Occupational Licenses; ALR Hearings; Possession of Marijuana; Violent Crimes; Choking; Injury to a Child; Deadly Conduct; Municipal Offenses; Postnuptial Agreements; Modification to Orders; Name Changes; Dog Bite Law.
Areas of Law Description
Our Firm provides three individual legal departments which handle a wide array of San Antonio based cases. Our three departments are Criminal defense law, Family law and Intellectual Property. Our criminal defense lawyers have practiced law in every criminal court of Bexar County, Texas. Our Family Lawyers have practiced family law and civil litigation in every district court of Bexar County, Texas. Our Intellectual Property Department works with business nationwide to assure that every aspect of their intellectual property potential, including its patents and trademarks are maximized to the fullest extent.
Domestic Violence--Felony and Misdemeanor Charges
Domestic violence, formally called "assault family violence" is an extremely common criminal charge in Bexar County, Texas. There are several courts and courtrooms created and dedicated solely to handling this type of offense. Many of these charges are ill founded, and should be dismissed. Our firm has published guides on how to win this assault family violence cases, when defendants are wrongfully accused. Texas recognizes assault family violence at the misdemeanor and felony levels, depending on the severity of the alleged injury and whether the defendant has committed the crime in the past.
Our most recent trial was in Guadalupe County and involved an assault family violence, impeding breath case, where our client was wrongfully accused of the serious choking felony. After substantial trial preparation, and a full presentation of trial for 2 days, the jury of 12 returned a verdict of not guilty for our client. Had, the outcome been different, we would have represented this client on appeal.
Possession of Marijuana--Felony and Misdemeanor Charges
Marijuana law in Texas is governed by Section 481.121 of the Texas Penal Code. Many clients are charged with possession of marijuana 0-2 ounces, which is a less serious misdemeanor offense. The crime is charged as a felony if a person is accused of possessing more than 4 ounces. We often represent clients that have been accused of this crime. It is sometimes the case that a client does not have any outstanding defense to the charge, however our great legal team of negotiators can help clients by minimizing the punishment. There are many substantive defenses to this charge, which we carefully assess.
We had a client once, who was accused of possession of marijuana 0-2 ounces after he was pulled over by a police officer for a minor traffic violation. The officer asked the client to search his vehicle, the client readily permitted the search. When marijuana was found, our client was shocked, and explained he was driving a company vehicle, and did not know of the contents. Eventually, the prosecution agreed and dismissed the case.
Driving While Intoxicated (DWI)
The consequences to convicted driving while intoxicated offenders are quite severe. Even first time offenders face possible jail time, license suspensions and fines of $2,000. Second and third time offenders face longer periods in jail or prison and higher fines.
We once had a young woman who was charged with DWI at our Firm. She had absolutely no prior criminal record. She was asked to blow into the breathalyzer machine, and blew a .089, while the legal limit was a .08. We were able to prove that the breath test was slightly inaccurate, and as such she was acquitted of the trial and won her DWI case.
Our Law Firm encloses below a comprehensive list of the felony criminal charges that we handle. The firm makes all relevant court appearances, conducts all necessary investigation, execute all helpful subpoenas, negotiate with the prosecution, prepare for jury trial, present comprehensive aggressive trial, and appeal in the event of a loss. We fight with energy, grace and veracity.
Felonies Handled at the Cook & Cook Law Firm, PLLC from the day of Arrest through Appeal:
Abandoning or Endangering a Child is a felony offense. If a person leaves a child without providing reasonable care for the child, such abandonment is a felony crime. Putting a child in an obviously dangerous circumstance of any kind is similarly the crime of endangering a child, and is considered a felony in Texas, including exposing the child to the production of methamphetamine or the inhalation of other illegal substances. This felony result in a state jail range of punishment (2 years prison) up to a second degree felony range of punishment (20 years prison).
Abuse of Official Capacity A public servant commits this crime is the servant intends on getting a benefit by violating a law relating to public service or misuses governmental property. If the value of the misuse is $1,500 or more, the act is a felony. Texas Penal Code, Section 39.02.
Aggravated Assault If a person causes not only bodily injury but serious bodily injury to another, then such act is generally a felony. If a person uses a weapon during an assault, such act is a felony in the second degree. However, aggravated assault is a felony in the first degree when the victim is a family member, involves reckless discharge of a firearm, or is against a police officer on duty. Section 22.02 Texas Penal Code.
Aggravated Perjury Aggravated perjury is the act of not only lying under oath, but lying about a material piece of testimony during an official proceeding. (Third degree felony subject to 10 years prison).
Aggravated Robbery is a felony in the first degree (up to life in prison). If a person is attempting to commit theft and causes serious bodily injury to another, or uses a weapon for the theft, then the act is a felony in the first degree. (Regular robbery requires just a bodily injury, but aggravated robbery requires a serious bodily injury).
Aiding Suicide If a person assists another in committing suicide, and the assistance results in suicide or serious injury, then such act of assistance is a felony at the state jail level (up to two years state jail time). Section 22.08 Texas Penal Code.
Arson is a felony. Starting a fire to anything is a state jail felony unless a person is injured by the fire, in which case the act is a third degree felony (up to 10 years prison). Texas Penal Code 28.02.
Assault is a felony, under certain circumstances. If a person causes bodily injury to a police officer, then such act is a felony in the third degree (up to 10 years in prison). If a person commits assault against a spouse or family member more than once, such act is a felony in the third degree. If the violent act is one of choking or impeding breath, such assault is considered a felony.
Attack on Assistance Animal is a felony in certain circumstances. If a person causes an injury to an assistance animal, then the act is a state jail felony. IF a person kills an assistance animal, then the act is a third degree felony. Texas Penal Code Section 42.091.
Bail Jumping and Failure Appear If the person was set to appear in court for a felony charge, then failure to appear is a third degree felony. Texas Penal Code, Section 38.10.
Barraty --Barraty is the act of soliciting employment on the telephone or in person as a lawyer, doctor, or other certain professional person. Barraty is a felony in the third degree, if the actor knowingly funds the solicitation. Texas Penal Code, Section 38.12.
Bigamy --Bigamy is marrying more than one person. Texas Penal Code Section 25.01.
Bouncing a Check (theft by Check) is considered a felony if the amount of the check is $1,500 or higher.
Bribery is a felony in the second degree (up to 20 years prison). Bribery is the act of intentionally offering a benefit to another in order to influence the recipient’s decision, opinion, recommendation vote or exercise of discretion as a public servant. Texas Penal Code, Section 36.02.
Burglary --Burglary is the act of entering a building or house with the intent to steal from or assault another. If a person enters another’s house for this reason, the act is a felony in the second degree (up to 20 years in prison). If a person tries to enter a building that is not a private residence, the act is a state jail felony (up to 2 years state jail). Texas Penal Code 30.02.
Burglary of a Vehicle is sometimes considered a felony. Entering a vehicle, or stealing gas from a vehicle is a felony if the person has been convicted of the same crime twice before. Otherwise, it is a misdemeanor.
Child Support Violation (formally called “Criminal Non-Support”) is a state jail felony. Knowingly failing to pay child support is indeed a felony crime. Texas Penal Code 25.05.
Cockfighting is a felony in certain circumstances. Texas Penal Code, Section 42.105. Causing fowl to fight, or earning money from a fight between fowl, is a state jail felony.
Components of Explosives is a felony in the third degree. A person commits this offense is the person has components of an explosive weapon with the intent to build an explosive weapon. Texas Penal Code, Section 46.09.
Conspiracy is a felony. If a person plans a crime with one or more other people, and the crime is at least a third degree felony, then the plan (or conspiracy) itself is also a felony. Conspiracy is not a commonly charged crime in Texas.
Continuous Family Violence is a felony in the third degree (up to 10 years prison). Continuous family violence is the name for when a person commits assault against any family member more than once in a twelve month period. Texas Penal Code 25.011.
Credit Card Abuse is a state jail felony. Stealing a credit card, or receiving the benefit of a stolen credit card is a felony. Texas Penal Code 32.31.
Criminal Mischief is a felony in certain circumstances. If a person causes damages to tangible property of $1,500 or more, then the offense is a felony that can range from state jail to first degree, depending on the amount of damages. Texas Penal Code 28.03
Cruelty to Livestock Animals is a felony if the person has previously been convicted of the crime two times. Otherwise, cruelty to animals is a misdemeanor offense. this crime includes: torturing livestock, failing to provide necessary food water or care for livestock, abandoning livestock, transporting livestock in a cruel manner, administering poison to livestock, using livestock to fight with another livestock animal or using it to lure a dog in a race, tripping a horse, overworking a livestock animal Texas Penal Code, Section 42.09.
Cruelty to non livestock animals is felony in certain circumstances. Cruelty to animals includes abandoning an animal, torturing and animal, killing and animal, causing serious bodily injury to an animal, failing to provide necessary food, water care or shelter, transporting an animal in a cruel manner, Texas Penal Code, Section 42.092.
Deadly Conduct If a person knowingly discharges a firearm in the direction of another person or house, such action is a felony in the third degree (up to 10 years prison).
Having a Deadly Weapon in a Penal Institution is a felony in the third degree. If a person is in jail and he or she carries a deadly weapon, such act is a felony in the third degree (up to 10 more years in prison) Texas Penal Code, Section 46.10.
Driving While Intoxicated is a misdemeanor, unless the person has been convicted more than 2 times in which case, the act is a felony. Driving while intoxicated is the act of driving while a person has introduced enough alcohol into the body that the person does not have his normal coordination or mental ability. Or, Driving while intoxicated is driving while the person has a blood alcohol content level of .08 or more. Texas Penal Code, Section 49.04.
Driving While Intoxicated With a Child Passenger is a state jail felony. Texas Penal Code, Section 49.045.
Engaging in Organized Criminal Activity Being in a gang, in any capacity, is a crime, and is most often a felony offense. Texas Penal Code, Section 71.02.
Escape is a felony. Escaping from detention or jail is a felony if the person is escaping from jail, or charged with a felony. It is a felony in the second degree, if the escaping party causes bodily injury to another in order to escape. If seriously bodily injury is caused, then it is a first degree felony. Texas Penal Code, Section 38.06.
Evading Arrest is a felony in certain circumstances. Evading arrest is the act of fleeing from an officer who is attempting to arrest the evader. Texas Penal Code, Section 38.04. If the evader has previously evaded, then the act is a state jail felony (up to 2 years state jail). If the actor uses a vehicle or boat to avoid the officer, the evader is a third degree felony (up to 10 years in prison).
False Alarm or Report is a misdemeanor unless the false report involves a public school, in which case the false alarm is a felony. Causing an official to deal with a false emergency is one meaning of “false alarm”. Texas Penal Code, Section 42.06.
False Statement Regarding Child Custody in Foreign Country is a felony in the third degree (up to 10 years prison) A person cannot make a false statement relating to a custody determination that was purportedly made in a foreign country, during a hearing. Texas Penal Code, Section 37.14.
Falsely Holding Oneself Out as a Lawyer is felony in the third degree. Pretending to be an attorney in a state in which a person is not licensed to be an attorney is a crime punishable with up to ten years in prison. Texas Penal Code, Section 38.122.
False Statement to Obtain Property is a felony. Making a false statement to get a line of credit or a mortgage is a felony, if the value of the credit line is $1,500 or more. Texas Penal Code 32.32.
Firearm Smuggling is a felony. Knowingly engaging in the business of transpiring a firearm that was illegally obtained is a felony in the third degree. Texas Penal Code, Section 46.14.
Forgery is a felony in many circumstances. Altering a writing or document to make it appear as the original is the act of forgery and is illegal. If the item forged is a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument, then the forgery is a state jail felony. If the forged item is a stamp, money, or a security, then the act is a third degree felony.
Fraudulent Destruction, Removal or Concealment of Writing is in some circumstances a felony. If a person destroys, removes or alters a writing, for the purpose of defrauding or harming another, this act is a felony crime only if the document changed is a will, a mortgage, a deed, or a public record.
Fraudulent filing of Financing Statement is a felony in most circumstances. This is the act of filing a financial statement that is forged. Texas Penal Code, Section 37.101.
Funeral Service Disruption is a Class B Misdemeanor. Texas Penal Code, Section 42.055.
Graffiti is sometimes a felony. If a person makes markings on any tangible property, and such markings cause damages which exceed $1,500, then the act is a felony. Texas Penal Code 28.08.
Hacking a Computer is a felony (formally called “Unlawful Access to Stored Communications”). If a person gets or changes, or prevents access to electronic information for the benefit or harm of another, such action is a considered a state jail felony. Section 16.04 of Texas Penal Code.
Harassment of a Public Servant is a felony. Intentionally causing a police officer to contact one’s own blood, bodily fluid, spit or urine is a felony in the third degree (up to 10 years in prison). This crime is commonly charged in Texas.
Hindering Apprehension or Prosecution is a felony in certain circumstances. Helping to hide a person that the police are trying to arrest is a felony if the helper is also in the process of being under arrest. Texas Penal Code, Section 38.05.
Hindering Secured Creditors is a felony in certain circumstances. If a person has a mortgage, and the mortgage company moves to foreclose on the house, the person cannot destroy the house to stop the mortgage company from getting anything during the foreclosure. If a person damages the house, and the damage is $1,500 or more, then this act is a felony. Texas Penal Code 32.33.
Illegal Giving of Information is a felony (formally called “Illegal Divulgence of Public Communications”). The act of providing electronic communication to the public, which includes confidential information originally meant for a different person to view, is a felony ONLY if the communication was originally encrypted or scrambled by radio. Otherwise such giving of information is a misdemeanor in Texas.
Impersonating Public Servant is a felony in the third degree (up to 10 years). Impersonating a public servant with the intent to induce another to submit to his pretended authority is a felony. Texas Penal Code, Section 37.11.
Improper Contact With Victim is a felony in certain circumstances. A person commits improper contact with a victim if the criminal is in jail, and then contacts a victim of his crime. Such crime is a felony if the victim was under 17 years old at the time of the offense. Texas Penal Code, Section 38.111.
Improper Photography or Visual Recording is a felony. If a person videotapes, or transmits the visual image of another without the person’s consent and such image is taken for sexual pleasure, the action is a state jail felony (up to 2 years in prison). Section 21.15 Texas Penal Code. Criminal Defense Attorneys, this law may be void for vagueness.
Improper Relationship Between Educator and Student is a felony. If a teacher engages in any sexual act with a student, such action is a felony in the second degree (up to twenty years in prison).
Indecency with a Child is a felony crime. If a person engages in any sexual act with a child under 17 years of age, the crime is a second or third degree felony, depending on the facts of the abuse.
Injury to a Child, Elderly or Disabled Person is a felony. If a person causes serious bodily injury or mental impairment to a child, elderly person or disabled person, then such act is a crime in the second or third degree, depending on the facts of the case. Texas Penal Code, Section 22.04.
Incest, formally called “Prohibited Sexual Conduct” is a felony. Texas Penal Code Section 25.02.
Insurance Fraud is a felony, if the value taken is $1,500 or higher. Filing a fraudulent claim for insurance is a felony at the state jail level, if the value claimed is between $1,500 and $20,000. Insurance Fraud is felony in the third degree if the value claimed by the insured is between $20,000 and $100,000. It is a felony in the 2nd degree if the value is between $100,000 and $200,000. Finally, it is a felony in the first degree if the value exceeds $200,000. Texas Penal Code, Section 35.02.
Interference With Child Custody is a felony. Taking a child in a manner that violated a court order is a state jail felony (up to 2 years in the state jail).
Interference with Emergency Telephone Call is a Class A misdemeanor crime, but on second conviction, it is indeed a felony. This is the act of knowingly preventing someone’s ability to place an emergency telephone call. Texas Penal Code, Section 42.062.
Interference with Railroad Property can be a felony. If a person throws an object at a train, shoots a train, enters a train,or obstructs a train path, all of these actions can be considered and charged as felonies, depending on the amount of damages. If the damages are $1,500 or more, then this act is a felony. Texas Penal Code 28.07.
Intoxication Assault is a felony in the third degree. If a person causes serious bodily injury to another while operating a motor vehicle, and the person is intoxicated, such act is a third degree felony (up to 10 years prison) Texas Penal Code, Section 49.07.
Intoxication Manslaughter is a felony of the second degree. If a person accidentally kills another because of an accident that occurs while the person is driving while intoxicated, such act is a felony that can result in up to 20 years of prison time. Texas Penal Code, Section 49.08
Kidnapping is a felony. If a person not only restrains but actually abducts another person, and takes the person to a different location, then this act is a felony in the third degree (the kidnapper will face up to 10 years in prison). Section 20.03 Texas Penal Code. However, if the kidnapper takes a person for a ransom, uses the person as a shield, uses the person to commit a felony, hurts the person physically or terrorizes the person, this action is a felony in the second degree (a defendant will face up to 20 years in prison).
Manufacture, Possession or Delivery of Unlawful Telecommunications Device is a third degree felony (informally can be referred to as unlawful telephone device). It is illegal to make a telephone or similar device to conceal the origin of telephone calls.
Medicaid Fraud is a felony if the value of services taken are worth $1,500 or more. Medicaid fraud is making a false statement or representation in order to receive a benefit or payment from the medicaid program. Similarly, concealing information from medicaid in order to receive benefits is Medicaid Fraud. Texas Penal Code, Section 35A.02.
Misuse of Official Information is generally a felony. If a public servant gets information because of his access to the same due to the public servant job, and uses the information to get or help someone else get a pecuniary interest in property, or other asset, such act is a felony in the third degree. Texas Penal Code, Section 39.06.
Money Laundering is a felony. A person commits the crime of money laundering if the person takes the proceeds of criminal activity and hides the proceeds by investing them or expending them in a way to conceal the existence of the proceeds. Such felony is subject to 2 years in the State jail, if the value of the laundering is between $1,500 and $20,000. If the value of the money laundered is between $20,000 and $100,000, the felony is a third degree felony (up to 10 years in prison). If the value of the money laundered is between $100,000 and $200,000, the felony is of the second degree (up to 20 years in prison). And, if the value exceeds $200,000, the felony is of the first degree (up to life in prison). The Texas Penal Code Section 34.02.
Murder (also called “Criminal Homicide) is a felony. Any time a person causes the death of another, the action is considered a felony crime. If there is a legitimate self-defense argument, the defendant may not be charged, and if charged, may not be found guilty. Murder is generally considered a felony in the first degree, meaning a person can face life in prison for the offense. However, if the person committed the murder in a sudden rage of passion (unplanned and suddenly provoked murder), then the felony is a second degree felony only and the defendant would face up to 20 years in prison. Finally, if the murder is committed while the defendant is committing another crime, such as rape, burglary, robbery, arson or rape, then this is a capital first degree crime wherein the defendant can face death. Similarly, if the defendant killed a police officer, then the defendant can face punishment by death. On the other end of the spectrum, if the person only negligently killed another, then the crime may be considered only a state jail felony, wherein the maximum punishment is 2 years. Murder, as you can see, is always a felony. The question as to punishment depends on the specific facts of the murder.
Obstruction or Retaliation is a felony. It is a third degree felony crime to harm or threaten a witness or a public servant. Texas Penal Code, Section 36.06.
Permitting or Facilitating Escape is a felony in certain circumstances. Helping someone escape from jail is a felony if the helper is aiding a felony escape, or if the helper uses a deadly weapon to help. Texas Penal Code, Section 38.07.
Violating the Places Weapons Prohibited statute is a third degree felony (2-10 years prison). A person may not carry a weapon: at a school, at a polling place, at court, at a racetrack, into a secure area of an airport, or in other certain areas. Texas Penal Code, Section 46.03.
Violating the Prohibited Weapons statute can be a state jail felony or a third degree felony (up to 10 years prison). The following weapons are prohibited: 1) explosive weapons, machine guns, short-barrel firearms, firearm silencers, switchblade knifes, knuckles, armor-piercing ammunition., chemical dispensing devices, zip guns, and tire deflation devices.
Resisting Arrest is a felony in certain circumstances. Intentionally preventing an officer from conducting his duties is a felony if the resisting party uses a deadly weapon. Texas Penal Code, Section 38.03.
Robbery is a felony in the second degree (up to 20 years prison). If a person causes bodily injury to another person while committing theft, then the act is a felony. Texas Penal Code 29.02
Sale or Purchase of Child is a felony. However, if the payment is not to buy a child but to legally assist in a pregnancy, such use of funds is not a a crime. If the sale or purchase of child is to have the child engage in a labor or service, then the felony is a second degree crime, but if not, then the felony is a third degree crime (up to 10 years in prison). Section 25.08 Texas Penal Code.
Securing Execution of Document by Deception is a felony in certain circumstances. If a person intentionally defrauds another by causing another to execute a document affecting property, service or value, or causes a public servant to file a record, such act is considered a felony so long as the value of the defrauded thing is $1,500 or greater.
Sexual Abuse, of Child, Continuous (“continuous sexual abuse of child”) is a felony. If the abuser is 17 or older, and the child is 14 or younger, the abuser faces a first degree felony and up to life in prison. Texas Penal Code 21.02
Sexual Assault (informally called “rape”) is a felony. If a person intentionally or knowingly forces sex or oral sex on another person, such act is a felony in the second or third degree, depending on the facts of the rape and the age of the victim. Texas Penal Code 22.011.
Simulating Legal Process is a state jail felony if the defendant has committed the act in the past. If a person delivers any documents that simulates a subpoena, complain, judgment or court process, the act is a felony crime if they person has committed the same crime in the past. Otherwise, the act is a misdemeanor.
Solicitation is a Felony. If a person requests, commands or induces another to commit a first degree felony, then the act of requesting/commanding/inducing itself is the felony of solicitation. Solicitation is not commonly charged against defendants in Texas.
Smuggling a Person is a felony. If a person uses a car, plane or boat to take an individual for the purpose of hiding the individual from the police, to flee from the police, to get money or to cause bodily harm, then this action is a felony in the second degree (defendant will face up to 20 years in prison). Section 20.05 Texas Penal Code.
Stalking is a felony in the third degree (up to 10 years prison). On second conviction, it is a felony of the second degree (up to 20 years). Stalking is the act of engaging in conduct that the other person will regard as threatening of bodily injury or death, or threatening the same against the victim’s family member or property. Texas Penal Code, Section 42.072.
Taking or Attempting to Take a Weapon from an Officer is felony. A person commits this felony if the person takes, or attempts to take a weapon from an officer. If the person succeeds in taking the weapon, the felony is one of the third degree (up to 10 years prison). If the person only attempts to take the weapon, then the felony is a state jail felony. Texas Penal Code, Section 38.14.
Tampering with a Consumer Product is a felony. If a person changes any consumer good, including food, that is offered for sale, the tampering is a felony in the third degree (up to 10 years in prison). But, if a person changes the consumer good, and the change results in serious bodily injury, the tampering is a felony in the second degree (up to 20 years in prison). Section 22.09 Texas Penal Code.
Tampering With Governmental Record can be a felony or misdemeanor depending on the specific facts of the case. Tampering with Governmental Records is the act of knowingly making false entries in or altercations to governmental records. Texas Penal Code, Section. 37.10.
Tampering with Physical Evidence is a felony. Altering evidence during an investigation is a felony in the third degree. However, if the tampering is of a corpse, the felony is of the second degree. Texas Penal Code, Section 37.09.
Tampering with a Witness is a third degree felony (up to 10 years prison). A person commits the crime of Tampering with a Witness if the person coerces or agrees to offer a benefit to the witness in order that the witness testify falsely, withhold testimony, avoid a legal summoning, or delay a prosecution.
Terroristic Threat is a felony in limited circumstances. If a person threatens an official, and such threat results in any reaction by the official, this is considered a “terroristic threat. If a person places another in imminent fear of serious bodily harm, similarly this is considered a terroristic threat. Preventing the occupation of a building, by some threat, or impairing public transportation or communication by a threat, is considered “terroristic threat”. In more egregious circumstances, where the public is effected, or the damages are high, the threat is a felony ranging from state jail to third degree . Section 22.07 Texas Penal Code.
Theft is sometimes a felony. If a person steals something with a value of $1,500 or more, then the act is a felony. If the value of the item stolen is between $1500 and $20,000, the offense is a state jail felony. If the value is between $20,000 and $100,000, then the offense is a third degree felony (up to 10 years). If the value of the stolen item is over $100,000, then the felony is one of second degree (up to 20 years in prison). And finally, if the value exceeds $200,000, then the theft is a first degree felony. Texas Penal Code 31.03.
Theft of Service is a felony if the value of the service stolen is more than $1,500. Receiving services, such as legal help, construction or medical attention, without paying is a form of theft. If the value of the service rendered is between $1,500 and $20,000, the felony is a state jail felony (up to 2 years jail). If the value of the service is between $20,00o and $100,000, the felony is a third degree (up to 10 years prison). If the value of the service is between $100,000 and $200,000, the felony is of the second degree (up to 20 years prison). And, if the value of the services stolen is over $200,000 the felony is a first degree crime.
Theft of Telecommunications Service (informally, “theft of telephone service”) is a felony in certain circumstances. Stealing a telephone service is a felony, if the value stolen is $1,500 or more. Texas Penal Code. Sec. 33A.04.
Theft of Trade Secret is a felony in the third degree (up to 10 years prison). Stealing or copying part or all of any scientific or technical information, design, process, procedure, formula or improvement that has a value is a felony. Texas Penal Code 31.05.
Trademark Counterfeiting is a felony in some circumstances. If a person copies another company’s identity to sell its own goods, the act is a felony if the value of the good the person is attempting to sell are worth more than $1,500.
Trafficking of Persons is a felony. It is a felony crime to take a person in order to have the person become engaged in forced labor or service of any kind. If the person is a child, the felony is crime in the first degree (life in prison). If the forced labor is particularly egregious, such as forced prostitution, the felony is also a crime in the first degree, regardless of age. Otherwise, trafficking of person is a felony in the second degree (up to 20 years in prison). Section 20A.02 Texas Penal Code.
Unauthorized Absence from Community Corrections Facility is a state jail felony. If a person is ordered to report to a community service assignment or correctional program and fails to appear, such failure is a felony. Texas Penal Code, Section 38.113.
Unauthorized Practice of Law is a felony, if the person has been convicted of the same crime before. Contracting with a person to help with a personal injury case or other type of lawsuit, when the person is not a lawyer is a felony, if it has happened more than one time. Texas Penal code, Section 38.123.
Unauthorized Use of Telecommunications Service (informally can be referred to as unlawful use of telephone service) is a felony in certain circumstances. Using a telecommunications service for a benefit other than the one legally delegated to the service, is a felony, if the benefit taken from the service is $1,500 or higher. Texas Penal Code 33A.02
Unlawful Carrying of a Handgun by a License Holder is a felony in certain circumstances. A license holder may not carry a handgun in certain locations including a liquor store, school, jail, or hospital. Generally this offense is a Class A misdemeanor, but carrying the weapon to a jail is a third degree felony. Texas Penal Code, Section 46.035.
Unauthorized Practice of Law is a third degree felony. If you are not a lawyer, and you help someone settle a personal injury claim for your own economic benefit, you have committed a felony. Texas Penal Code, Section 38.123.
Unlawful Possession of Firearm is a felony. A person who has been convicted of a felony may not possess a firearm. Texas Penal Code, Section 46.04.
Unlawful Restraint is a felony. The act of restraining another is a felony if the restrained person was either under the age of 17 or exposed by the restrainer to substantial risk of harm, or if the restrained person is a police officer. Section 20.02 of the Texas Penal Code.
Violations of the Civil Rights of Person in Custody. It is a crime for a prison employee to impede a prisoner’s right to the privileges and immunities permitted by law. It is a felony crime for a prison employee to engage in sexual contact with a prisoner. Texas Penal Code, Section 39.04.
Violation of a Protective Order is a felony if it happens more than once. In family violence cases, victims are given protective orders so that the offender cannot make contact with the victim. If a person violates the protective order, and also has a conviction for violating a protective order in the past, then this act is a felony.
Justin D. Cook, Esq.
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Suspended License for DUI or DWI in Texas
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Articles Published by Cook & Cook Law Firm, PLLC
When facing a contested divorce situation, husbands and wives are tempted to record each other with the hope to improve their individual divorce outcome. This article is a reminder that while your high tech gizmo may enable you to intercept some valuable dirt on your ex, privacy law likely prohibits it.Read Article
This article provides an overview of marijuana law in San Antonio and all other counties of Texas. Many people in San Antonio are charged with the Possession of Marijuana. The Texas Penal Code sets out the following law on Marijuana (the possession of it, and the sale of it):Read Article
This article discusses what a person can do in order to legally drive after getting a license suspended in San Antonio, Texas. We estimate that approximately 45,000 people in Bexar County, Texas get their license suspended every year due to being charged with, or convicted of a DWI, DUI or other drug offense. In Texas, the law enables DPS to suspend the license when a person is arrested or convicted of Driving While intoxicated.Read Article
Videos Provided by Cook & Cook Law Firm, PLLC
Explaining Texas Criminal Law Using 2013 Movie Trailer Clips
Marijuana Law Consultation (San Antonio Criminal Defense Lawyer) San Antonio Defender's Youtube Chan
The following discloses the transcript of this video:
So you wanted a free consultation with a criminal defense attorney?
Okay, and you were charged with possession of marijuana?
How much is this going to cost?
How much marijuana were you caught with?
It wasn't my marijuana.
Okay, well what amount were you charged with?
Less than an ounce of marijuana.
Okay, so you were charged with a Class B misdemeanor.
What is a class B misdemeanor?
In Texas, you can face up to 6 months in jail and a two thousand dollar fine for a class B misdemeanor. It is not viewed as a very serious crime. It usually results in probation.
oh. Well, I didn't do it so I'm not taking probation. Arn't you going to work hard on my case?
By no means am I recommending probation. I merely want to assure you that you are not likely facing any jail time.
I have never been in trouble.
okay then you don't have to worry about jail time for class B possession of marijuana in San Antonio, Texas. I am a bexar county lawyer. I don't know about other counties though.
Can you get my case dropped?
There are never any guarantees with these things. In fact it is against the law for me to guarantee I can get your case dropped.
Well, this case is B.S. My ex-girlfriend, jenny, handed me her purse. She said her arms were tired. Right then, the police came up and asked to search me. So I was like uh okay. Then, they searched the purse. I was like, that obviously isn't my purse, dude. But, then they found weed in the purse. And, I was like but that isn't my weed. They said whose is it? So I said, none of your business. Then they arrested me for possession of marijuana.
Okay, well I believe you have a strong defense to your case. In order to be guilty of possessing marijuana, you had to know you had marijuana. You had to knowingly possess a usable quantity of marijuana.
Okay so now what do I do?
Now we have to convince the prosecutor that was not your purse.
Won't they just realize it is ridiculous for me to have a purse?
No, they will not realize that.
So what will I have to do?
We will have to prepare the case for a jury trial.
I don't want a jury trial.
Most people do not want a jury trial.
Okay, I guess I will take the probation.
I would discourage that choice as a drug conviction will make it so that you cannot get federal financial aid for college, and will hamper your future opportunities as it will appear on your criminal record.
can't you just get my case dropped?
I will have to prepare it for trial so the prosecutors know we mean business.
how much will that cost?
Depends on the Attorney. I know the Cook & Cook Law Firm is a great criminal defense firm and they offer payment plans. Call them.