Covers DUI, Narcotics and Drugs, White Collar Offenses and other Criminal Defense law issues with a focus on Texas State law.

Archive for the ‘Misdemeanor Defense’ Category

Lit grill hauled on highway may have sparked Kendall fire

Wednesday, June 29th, 2011

Kendall County authorities investigating a June 19 brushfire that hit a trailer park there say it apparently started from embers flying from a barbecue grill being hauled down Interstate 10.

The motorist hauling the lit grill in a trailer was stopped by a state trooper after other drivers reported seeing flying embers that may have sparked three grass fires, including the one that destroyed several mobile homes, vehicles and facilities at Top of the Hill RV Park, said Kendall County Chief Deputy Matt King.

King said a misdemeanor charge of reckless damage is likely to be filed against the suspect, a Cibolo resident who he didn’t name, for fires ignited as he drove home from a barbecue outing in Center Point.

“He may also be civilly responsible to those who lost property in the fire,” King said Monday.

If you have been charged with a crime such as DWI, arson, auto theft, etc., please contact the Law Office of Robert I. Kahn at (210) 225-6600 for a free consultation.

The Law Office of Robert I. Kahn is located at 111 Soledad St, Suite 1700, San Antonio, TX 78205 (210) 225-6600 & my website can be found on Google | Yahoo | Bing | Manta | San Antonio SEO | Merchant Circle | Citysearch | Lawyerdirections | Findlaw | Yelp | YP.com | Website | Directions | Avvo DWI | Avvo | Gravatar | SEO Company | Attorney Marketing | San Antonio SEO | San Antonio Website Design

Bexar County Won’t Prosecute Some Midemeanor Charges

Tuesday, February 15th, 2011

Bexar County prosecutors began practicing a new policy Friday that they hope will eventually reduce the jail population and the cost of defending indigent people accused of crimes.  District attorney Susan Reed sent a letter to all police agencies in Bexar County last week notifying them that she would begin declining to prosecute misdemeanor cases that are associated with felony charge.

The misdemeanors will stay on file and can still be used for considering punishment in the felony case.  Currently we accept all felony and misdemeanor cases for an arrested person for which there is sufficient evidence for prosecution. As a practical matter any punishment for the felony is more severe than what can be imposed  for the misdemeanor.  If a felony charge is later dropped,  prosecutors will stillhave the ability to reactivate a rejected misdemeanor prosecution, said First assistant District Attorney Cliff Herberg.

The Law Office of Robert I. Kahn is located at 111 Soledad St, Suite 1700, San Antonio, TX 78205 (210) 225-6600 & my website can be found on Google | Yahoo | Bing | Manta | San Antonio SEO | Merchant Circle | Citysearch | Lawyerdirections | Findlaw | Yelp | YP.com | Website | Directions | Avvo DWI | Avvo | Gravatar | SEO Company | Attorney Marketing | San Antonio SEO | San Antonio Website Design

CLASSIFICATION OF MISDEMEANORS

Thursday, February 10th, 2011

Sec. 12.03.  CLASSIFICATION OF MISDEMEANORS.  (a)  Misdemeanors are classified according to the relative seriousness of the offense into three categories:

(1)  Class A misdemeanors;

(2)  Class B misdemeanors;

(3)  Class C misdemeanors.

(b)  An offense designated a misdemeanor in this code without specification as to punishment or category is a Class C misdemeanor.

(c)  Conviction of a Class C misdemeanor does not impose any legal disability or disadvantage.

The Law Office of Robert I. Kahn is located at 111 Soledad St, Suite 1700, San Antonio, TX 78205 (210) 225-6600 & my website can be found on Google | Yahoo | Bing | Manta | San Antonio SEO | Merchant Circle | Citysearch | Lawyerdirections | Findlaw | Yelp | YP.com | Website | Directions | Avvo DWI | Avvo | Gravatar | SEO Company | Attorney Marketing | San Antonio SEO | San Antonio Website Design

ORDINARY MISDEMEANOR PUNISHMENTS

Thursday, February 10th, 2011

ORDINARY MISDEMEANOR PUNISHMENTS

Sec. 12.21.  CLASS A MISDEMEANOR.  An individual adjudged guilty of a Class A misdemeanor shall be punished by:

(1)  a fine not to exceed $4,000;

(2)  confinement in jail for a term not to exceed one year;  or

(3)  both such fine and confinement.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 12.22.  CLASS B MISDEMEANOR.  An individual adjudged guilty of a Class B misdemeanor shall be punished by:

(1)  a fine not to exceed $2,000;

(2)  confinement in jail for a term not to exceed 180 days;  or

(3)  both such fine and confinement.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 12.23.  CLASS C MISDEMEANOR.  An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.

The Law Office of Robert I. Kahn is located at 111 Soledad St, Suite 1700, San Antonio, TX 78205 (210) 225-6600 & my website can be found on Google | Yahoo | Bing | Manta | San Antonio SEO | Merchant Circle | Citysearch | Lawyerdirections | Findlaw | Yelp | YP.com | Website | Directions | Avvo DWI | Avvo | Gravatar | SEO Company | Attorney Marketing | San Antonio SEO | San Antonio Website Design

PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR OFFENDERS

Thursday, February 10th, 2011

Sec. 12.43.  PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR OFFENDERS.  (a)  If it is shown on the trial of a Class A misdemeanor that the defendant has been before convicted of a Class A misdemeanor or any degree of felony, on conviction he shall be punished by:

(1)  a fine not to exceed $4,000;

(2)  confinement in jail for any term of not more than one year or less than 90 days;  or

(3)  both such fine and confinement.

(b)  If it is shown on the trial of a Class B misdemeanor that the defendant has been before convicted of a Class A or Class B misdemeanor or any degree of felony, on conviction he shall be punished by:

(1)  a fine not to exceed $2,000;

(2)  confinement in jail for any term of not more than 180 days or less than 30 days;  or

(3)  both such fine and confinement.

(c)  If it is shown on the trial of an offense punishable as a Class C misdemeanor under Section 42.01 or 49.02 that the defendant has been before convicted under either of those sections three times or three times for any combination of those offenses and each prior offense was committed in the 24 months preceding the date of commission of the instant offense, the defendant shall be punished by:

(1)  a fine not to exceed $2,000;

(2)  confinement in jail for a term not to exceed 180 days;  or

(3)  both such fine and confinement.

(d)  If the punishment scheme for an offense contains a specific enhancement provision increasing punishment for a defendant who has previously been convicted of the offense, the specific enhancement provision controls over this section.

The Law Office of Robert I. Kahn is located at 111 Soledad St, Suite 1700, San Antonio, TX 78205 (210) 225-6600 & my website can be found on Google | Yahoo | Bing | Manta | San Antonio SEO | Merchant Circle | Citysearch | Lawyerdirections | Findlaw | Yelp | YP.com | Website | Directions | Avvo DWI | Avvo | Gravatar | SEO Company | Attorney Marketing | San Antonio SEO | San Antonio Website Design