Criminal Defense
All Felonies
All Misdemeanors
DWI
Occupational Drivers License
Driving While License Suspended
Assault
Violence
Aggravated Assault
Theft
Hot Checks
Fraud
White Collar
Criminal Mischief
Drug Possession/Trafficking
Drug Conspiracy
Bond Reductions
Probation Violations
Motion for Early Release of Probation
Homicide
Capital Murder
Juvenile Cases
All Felonies
A felony carries a sentencing range from at least one year and one day up to life and/or death sentence, Of course, there are different grades of felony offenses which are known as degrees. The degrees start with a state jail felony is a hybrid misemeanor/felony which carries a sentence of at least 180 days in a state jail up to two years in a state jail; Third Degree Felony (two to ten years in prison); Second Degree Felony (two to twenty years in prison); First Degree Felony (5 to 99 to life or 10 to 99 to life or even up to a death sentence.
All Misdemeanors
Misdemeanors are lesser crimes for which a person may be fined and/or sentenced to imprisonment in a county jail for no more than one year. Misdemeanors are divided into classes according to the degree of seriousness and the type of punishment.
DWI
Alcohol and drug-related traffic offenses, commonly known as driving while intoxicated (DWI),are frequently prosecuted criminal offenses, and also carry with them administrative penalties. If the alcohol concentration in a person’s blood, breath, or urine is .08 percent or greater, the person is considered intoxicated by law. Under some circumstances, the legal definition of intoxication is met even if a person’s alcohol concentration is lower than .08 percent. Having alcOhol, a drug, or a controlled substance in one’s body that causes loss of normal use of mental or physical faculties also is considered intoxication. This offense starts of as Class B misdemeanors and go up to a felony grade offense if there are at least two prior DWI convictions.
Occupational Drivers Licenses
An occupational license is a special restricted license issued to persons whose license has been suspended or revoked for certain offenses (other than medical reasons or delinquent child support). An occupational license authorizes the operation of a noncommercial motor vehicle in connection with a person’s occupatIon, for educational purposes or in the performance of essential household duties. Requests for such licenses are made to the county or dIstrict court in the county of the licensee’s residence or to the court of original jurisdiction where the offense occurred.
Texas Transportation Code Section 521.242,37 Texas Administrative
Driving While License Suspended
A person who is operating a motor vehide while their license is under svspensdon revocation, or cancellation is subject to an additional license suspension for the same period of time as the original suspension.
Texas Transportation Code 521.292, 52L457, 521343, 37 Texas Administrative Code 15.82.
Reinstatement requirments
A reinstatement fee will be required prior to the renewal/issuance of a driver license. A person who has been convicted for the offense of "Driving While License Suspended” is required to file proof of insurance (form SR-22) with your insurance company for two years from date of conviction and submit to the Texas Department of Public Safety (DPS).
Assault
Under Texas law, assault is defined as intentionally, knowingly, or recklessly injuring or threatening to injure a person or the person’s spouse. Additionally, assault includes intentionally causing physical contact with another person if the offender knows the physical contact will be offensive to the victim. Assault is a misdemeanor.
Family Violence
The Texas Family Code (Sec. 71.004) defines “family violence” as:
• any act by a member of a family of household against another member of the family or household
• that is intended to result in physical harm, bodily injury, assault or sexual assault or
• that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault or sexual assault...
Aggravated Assault
Depending upon the victim, aggravated assault in Texas is either a First Degree or Second Degree felony and carries the risk of a significant prison sentence. A person commits the offense when the person accused causes serious bodily injury to another including the persons spouse, or uses or exhibits a deadly weapon during the commission of the assault.
Theft
The legal definition of theft is unlawfully taking the property of another person with the intent to deprive the other person of the property. This definition is much broader than what most people think of as theft. It includes embezzlement, keeping found property without making a reasonable attempt to find its rightful owner, obtaining the services of another person or telecommunication services by fraud, shoplifting, unauthorized access to credit cards, and writing bad checks.
Hot Checks
A person commits an offense if he issues or passes a check or similar sight order for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank or order as well as all other checks or orders outstanding at the time of issuance. Violation of this action is a Class C Misdemeanor regardless of the amount involved.
Fraud
The intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right. A party Who has lost something due to fraud is entitled to file a lawsuit for damages against the party acting fraudulently and the damages may include punitive damages as a punishment or public example due to the malicious nature of the fraud. Quite often there are several persons involved in a scheme to commit fraud and each and all may be liable for the total damages. Inherent in fraud is an unjust advantage over another which injures that person or entity. It includes failing to point out a known mistake in a contaad or other writing (such as a deed), or not revealing a fact which he/she has a duty to communicate, such as a survey which shows there are only 10 acres of land being purchased and not 20 as originally understood. Constructive fraud can be proved by a showing breach of legal duty (like using the trust funds held for another in an investment in one’s own business) without direct proof of fraud or fraudulent intent. Extrinsic fraud occurs when deceit is employed to keep someone from exercising a right, such as a fair trial, by hiding evidence or misreading the file opposing party in a lawsuit.
White Collar
White collar and fraud charges in federal court and state district court usually result in multi-count indictments. The Sentencing Guidelines used in federal court take into account the amount of loss that is alleged to have occurred in determining whether a prison sentence is warranted upon the conviction for a fraud or white collar offense. A fraud loss of as little as $3O,OO0 could result in a prison sentence for a person convicted at trial of a fraud or white collar offense even if that person has no previous criminal record when case is indicted. When a case is indicted in State District Court, the sentendng ranges vary depending on the amount of the amount of loss that is alleged to
have occurred.
Criminal Mischief
Criminal mischief is a crime governed by state laws, which vary by state. It generally involves any damage, defacing, alteration, or destruction of tangible property with criminal intent such as tagging.
Drug Possession/Trafficking
Drug possession laws are governed by federal and state laws which vary by state. Generally, it requires that the offender knowingly and intentionally possess a scheduled drug without a valid prescription in a quantity usable for consumption or sale. The government must prove that the offender knew the drug was a controlled substance and that he or she had either actual possession of it or other control over it, either alone or with another person. Possession may also consist of constructive possession, which invoves property which is not immediately held, but which one has the right to hold and access to, such a key to a locker. Possession is defined under the common law as being either knowing that something is present and having physical control of it or having the
power and intention to control it.
Laws also exist to prohibit the possession of certain chemicals used in drug cultivation and and manufacturing, as well as certain items related to drug use, such as crack pipes or syringes. Penalties for drug possession laws vary according to drug type amount, and geographic area of the offense. Possession of small amounts of a drug is typically charged as "simple" possession, while possesion of large amounts may result in a charge "possession with intent to distribute".
Drug Conspiracy
When there are two or more persons involved in possessing and/or distributing illegal drugs.
Bond Reductions
When a bond is set at an amount that the person who was arrested can not afford, a motion can filed with the jail magistrate or court of jurisdiction to reduce the amount to an amount that the person who was arrested can afford.
Probation Violation
A violation of your probation is not only a direct insult to the judge and to the court in which you are convicted, but it will also ensure that no judicial body will ever cut you any legal slack in the future. In regular probation, the maximum term of a resulting violator’s jail term will be the number of years that you were given for your probation. For example, if you are convicted of a felony DWI and are sentenced to five years straight probation, and are violated, than the maximum term of your jail sentence will be five years.
Motion For Early Release of Probation
The Texas Code of Criminal Procedure has a provision that allows a probationer to ask the court to release them of their terms and conditions of probation earlier than the full range they originally agreed to.
Homicide
Criminal homicide may be classified as murder, manslaughter, or criminally negligent homicide. A person commits criminal homicide if he intentionally, knowingly, recklessly or with criminal negligence causes the death of another person. Homicides that are neither justifiable nor excusable are considered crimes. Non-criminal homicides include killing in self-defense, an accidental death like a hunting accident or automobile collision without a violation of law like reckless driving, or carrying out a sentence of execution.
Capital Murder
Capital murder is similar to murder. A person convicted of capital murder will receive a death sentence. Here are some of the examples:
• Murder of someone the defendant knows is a peace officer or fire fighter acting in his or her official capacity.
• Murder committed intentionally during an aggravated sexual assault, arson, burglary, kidnapping, obstruction, retaliation, or robbery.
• Murder for pay.
• Paying another to commit murder.
• Murder while escaping from prison.
• Murder while incarcerated, if the victim is prison guard or the defendant is incarcerated for aggravated robbery, aggravated serial assault of a child, or murder.
• Murder of more than one person at once or during the same scheme or course of conduct.
• Murder of a child under the age of six.
If the jury in a capital homicide case does not find the defendant guilty beyond a reasonable doubt the charge may be reduced to murder or another lesser offense.
Juvenile Cases
Juveniles may be referred to the juvenile court for penal law violations or unlawful behavior.
Do not delay in contacting the Law Offices of Ruben Ortiz to help you navigate through your legal problem.
Law Offices of Ruben Ortiz
1141 E. Rio Grande Avenue
El Paso, TX 79902
Phone: (915) 545-1616
Email
Map and Directions
Monday through Friday, 8:00 to 5:00 and Saturdays from 9:00 to 12:00
Phone service available 24 hours a day
Se habla español
Major credit cards accepted
The firm serves clients in El Paso, Texas, throughout West Texas, and cities in El Paso County, and Hudspeth County, such as Sierra Blanca, Las Cruces, Albuquerque, Canutillo, Sunland Park, Horizon City, Fort Bliss, Anthony, and Fort Hancock.
