Criminal

Criminal Law

Facing criminal prosecution can be frightening, especially against an experienced prosecutor. An equally experienced and successful criminal defense attorney is essential for anyone charged with a crime. Regardless of the charges against you, the Loker Law Firm will fight aggressively for your rights.

Drug Charges

Under Texas law, there are four classes of drugs. The following describes common drugs that are found in the four penalty groups in Texas:
Penalty Group 1:
Cocaine
Methamphetamine
Crack
Heroine
Ketamine
Oxycodone
Hydrocodone
Penalty Group 1A:
LSD
Penalty Group 2:
Bath Salts
Ecstasy
PCP
Mescaline
Mushrooms
Adderall
Marinol
Penalty Group 2A:
Synthetic Marijuana
Penalty Group 3:
Xanax
Valium
Hydrocodone (less than 15mg/dose)
Ritalin
Clonazepam
Diazepam
Codeine (less than 90mg/dose)
Lorazepam
Ambien
Testosterone
Human Growth Hormone (HGH)
Penalty Group 4:
Morphine
Motofen
Opium
Buprenorphine
Pyrovalerone
To learn about the punishment ranges for each penalty group, go to Drug Charges - Penalties.
Defending a Drug Possession Charge
To be convicted of a Drug Possession charge, the state must prove beyond a reasonable doubt that you knowingly and intentionally possessed or had control over a controlled drug for which you do not have a prescription or order from a doctor. If you have been charged with Possession of a Controlled Substance in Texas, an experienced Criminal Defense lawyer may be able to help you avoid a conviction. Each case is different, so it is important to discuss your case with an experienced Criminal Defense attorney to understand your options and to raise the best defense. An experienced Criminal Defense attorney may be able to get your drug charges dismissed or reduced. Even if your charges are not dismissed, a Criminal Defense lawyer with experience fighting drug charges may be able to get you deferred adjudication or probation. If you have been arrested for Drug Possession in Texas, contact the Loker Law Firm today to discuss your case with an experienced Texas Criminal Defense lawyer.

DRUG CHARGES - PENALTIES

The possible punishment ranges for each of the Drug Crime Penalty Groups in Texas are:
PENALTY GROUP 1
Charge: Less than 1 gram
Penalty Level: State Jail Felony
Penalty Range: 180 days to 2 years in a state jail and/or a fine up to $10,000
Charge: 1 gram or more, but less than 4 grams
Penalty Level: 3rd Degree Felony
Penalty Range: 2 – 10 years in Prison and/or a fine up to $10,000
Charge: 4 grams or more, but less than 200 grams
Penalty Level: 2nd Degree Felony
Penalty Range: 2 – 20 years in Prison and/or a fine up to $10,000
Charge: 200 grams or more, but less than 400 grams
Penalty Level: 1st Degree Felony
Penalty Range: 5 – 99 years or Life in Prison and/or a fine up to $10,000
Charge: 400 grams or more
Penalty Level: Enhanced 1st Degree Felony
Penalty Range: 10 – 99 years or Life in Prison and/or a fine up to $100,000
PENALTY GROUP 1A
Charge: Less than 20 units
Penalty Level: State Jail Felony
Penalty Range: 180 days to 2 years in a state jail and/or a fine up to $10,000
Charge: 20 units or more, but less than 80 units
Penalty Level: 3rd Degree Felony
Penalty Range: 2 – 10 years in Prison and/or a fine up to $10,000
Charge: 80 units or more, but less than 4,000 units
Penalty Level: 2nd Degree Felony
Penalty Range: 2 – 20 years in Prison and/or a fine up to $10,000
Charge: 4,000 units or more, but less than 8,000 units
Penalty Level: 1st Degree Felony
Penalty Range: 5 – 99 years or Life in Prison and/or a fine up to $10,000
Charge: 8,000 units or more
Penalty Level: Enhanced 1st Degree Felony
Penalty Range: 15 – 99 years or Life in Prison and/or a fine up to $250,000
PENALTY GROUP 2
Charge: Less than 1 gram
Penalty Level: State Jail Felony
Penalty Range: 180 days to 2 years in a state jail and/or a fine up to $10,000
Charge: 1 gram or more, but less than 4 grams
Penalty Level: 3rd Degree Felony
Penalty Range: 2 – 10 years in Prison and/or a fine up to $10,000
Charge: 4 grams or more, but less than 400 grams
Penalty Level: 2nd Degree Felony
Penalty Range: 2 – 20 years in Prison and/or a fine up to $10,000
Charge: 400 grams or more
Penalty Level: Enhanced 1st Degree Felony
Penalty Range: 5 – 99 years or Life in Prison and/or a fine up to $50,000
PENALTY GROUP 2A
Charge: Less than 2 ounces
Penalty Level: Class B Misdemeanor
Penalty Range: 0 – 180 days in County Jail and/or a fine up to $2,000
Charge: 2 ounces or more, but less than 4 ounces
Penalty Level: Class A Misdemeanor
Penalty Range: 0 – 1 year in County Jail and/or a fine up to $4,000
Charge: 4 ounces or more, but less than 5 pounds
Penalty Level: State Jail Felony
Penalty Range: 180 days to 2 years in a state jail and/or a fine up to $10,000
Charge: 5 pounds or more, but less than 50 pounds
Penalty Level: 3rd Degree Felony
Penalty Range: 2 – 10 years in Prison and/or a fine up to $10,000
Charge: 50 pounds or more, but less than 2,000 pounds
Penalty Level: 2nd Degree Felony
Penalty Range: 2 – 20 years in Prison and/or a fine up to $10,000
Charge: 2,000 pounds or more
Penalty Level: Enhanced 1st Degree Felony
Penalty Range: 5 – 99 years or Life in Prison and/or a fine up to $50,000
PENALTY GROUP 3
Charge: Less than 28 grams
Penalty Level: Class A Misdemeanor
Penalty Range: 0 – 1 year in County Jail and/or a fine up to $4,000
Charge: 28 grams or more, but less than 200 grams
Penalty Level: 3rd Degree Felony
Penalty Range: 2 – 10 years in Prison and/or a fine up to $10,000
Charge: 200 grams or more, but less than 400 grams
Penalty Level: 2nd Degree Felony
Penalty Range: 2 – 20 years in Prison and/or a fine up to $10,000
Charge: 400 grams or more
Penalty Level: Enhanced 1st Degree Felony
Penalty Range: 5 – 99 years or Life in Prison and/or a fine up to $50,000
PENALTY GROUP 4
Charge: Less than 28 grams
Penalty Level: Class B Misdemeanor
Penalty Range: 0 – 180 days in County Jail and/or a fine up to $2,000
Charge: 28 grams or more, but less than 200 grams
Penalty Level: 3rd Degree Felony
Penalty Range: 2 – 10 years in Prison and/or a fine up to $10,000
Charge: 200 grams or more, but less than 400 grams
Penalty Level: 2nd Degree Felony
Penalty Range: 2 – 20 years in Prison and/or a fine up to $10,000
Charge: 400 grams or more
Penalty Level: Enhanced 1st Degree Felony
Penalty Range: 5 – 99 years or Life in Prison and/or a fine up to $50,000
UNCLASSIFIED DANGEROUS DRUGS
Charge: Possession
Penalty Level: Class B Misdemeanor
Penalty Range: 0 – 180 days in County Jail and/or a fine up to $2,000
Charge: Possession with Intent, or Manufacturing
Penalty Level: Class A Misdemeanor
Penalty Range: 0 – 1 year in County Jail and/or a fine up to $4,000

MARIJUANA

Under Texas law, Possession of Marijuana charges have their own penalty ranges. Similar to Possession of Controlled Substance charges, the penalties you face for Marijuana Possession depend on the amount of Marijuana you are accused of possessing. The penalty ranges for Marijuana Charges are as follows:
POSSESSION
Charge: 2 ounces or less
Penalty Level: Class B Misdemeanor
Penalty Range: Up to 180 days in County Jail and/or a fine up to $2,000
Charge: More than 2 ounces, but less than 4 ounces
Penalty Level: Class A Misdemeanor
Penalty Range: 0 – 1 year in County Jail and/or a fine up to $4,000
Charge: More than 4 ounces, but less than 5 pounds
Penalty Level: State Jail Felony
Penalty Range: 180 days to 2 years in a state jail and/or a fine up to $10,000
Charge: More than 5 pounds, but less than 50 pounds
Penalty Level: 3rd Degree Felony
Penalty Range: 2 – 10 years in Prison and/or a fine up to $10,000
Charge: More than 50 pounds, but less than 2,000 pounds
Penalty Level: 2nd Degree Felony
Penalty Range: 2 – 20 years in Prison and/or a fine up to $10,000
Charge: More than 2,000 pounds
Penalty Level: Enhanced 1st Degree Felony
Penalty Range: 5 – 99 years or Life in Prison and/or a fine up to $50,000
DELIVERY
Charge: 1/4 ounce or less and not paid for delivery
Penalty Level: Class B Misdemeanor
Penalty Range: Up to 180 days in County Jail and/or a fine up to $2,000
Charge: 1/4 ounce or less and paid for delivery
Penalty Level: Class A Misdemeanor
Penalty Range: 0 – 1 year in County Jail and/or a fine up to $4,000
Charge: More than 1/4 ounce, but less than 5 pounds
Penalty Level: State Jail Felony
Penalty Range: 180 days to 2 years in a state jail and/or a fine up to $10,000
Charge: More than 5 pounds, but less than 50 pounds
Penalty Level: 2nd Degree Felony
Penalty Range: 2 – 10 years in Prison and/or a fine up to $10,000
Charge: More than 50 pounds, but less than 2,000 pounds
Penalty Level: 1st Degree Felony
Penalty Range: 5 – 99 years or Life in Prison and/or a fine up to $10,000
Charge: More than 2,000 pounds
Penalty Level: Enhance 1st Degree Felony
Penalty Range: 10 – 99 years or Life in Prison and/or a fine up to $100,000

ASSAULT

Assault charges in Texas range from Class C Misdemeanors to 1st Degree Felonies. The consequences of an assault charge can vary from just a fine to prison time. In addition, depending upon your circumstances, an assault conviction could mean that you are required to complete anger management classes, complete community service hours, or can no longer lawfully possess a firearm. An experienced criminal defense lawyer can advise you on the severity of the charges against you and help with the best defense of your case. If you have been arrested for Assault in Texas, contact the Loker Law Firm today to discuss your case with an experienced Criminal Defense lawyer.

THEFT AND BURGLARY

In theft of property cases, the amount of property allegedly stolen is often the main factor in determining the severity of the theft crime charged. Other related theft crimes include robbery, burglary, fraud, burglary of a vehicle, and theft of property or service. When you are charged with a theft crime, you should immediately contact an experienced criminal defense lawyer to discuss your options. If you have been arrested for Theft or Burglary in Texas, contact the Loker Law Firm today to discuss your case with an experienced Criminal Defense lawyer.

HOMICIDE

Texas homicide crimes are felony offenses, but can vary in punishment ranges depending upon the circumstances. Homicide offenses are very serious, and discussing the case with anyone except your lawyer can have serious consequences for your future. If you have been arrested for a Homicide offense in Texas, contact the Loker Law Firm today to discuss your case with an experienced Criminal Defense lawyer.

JUVENILE

In the Texas criminal justice system, the juvenile court process differs from the criminal court process. The goal is to rehabilitate the juvenile to ensure that criminal behavior does not follow the individual into adulthood. An experienced criminal defense lawyer can assist you throughout the juvenile court process. If you are a juvenile who has been arrested in Texas, contact the Loker Law Firm today to discuss your case with an experienced Criminal Defense lawyer.

MISDEMEANORS VS FELONIES

The distinction between a misdemeanor and a felony is typically noted in the severity of their penalties. A misdemeanor crime has a penalty up to one year, whereas a felony crime will carry a sentence of greater than one year. Misdemeanors are more serious than criminal infractions, though they are still considered less severe in nature than felonies. As a result, the burden of proof for misdemeanors is materially less than for felonies. The punishment for felonies is often severe, and can result in long-term consequences such as a complete loss of rights to own firearms, vote, or hold public office. If you have been charged with with either a misdemeanor or a felony in Texas, contact the Loker Law Firm today to discuss your case with an experienced Texas Criminal Defense lawyer.

OTHER CRIMES

The Loker Law Firm represents individuals charged with any criminal offense. We represent individuals in the following types of cases:
Federal
Felonies
Misdemeanors
DWI
Probation Violations

EXPUNCTIONS

An expunction is an order from the court that effectively erases your record if you were arrested or charged with a crime. If you successfully obtain an expunction, you can legally state that you have never been arrested, charged, or convicted of a crime. You may be eligible for an expunction if your case was dismissed, if you were arrested but not charged, if you were found not guilty, or if you completed a deferred disposition for a Class C Misdemeanor. An experienced criminal defense lawyer can tell you whether you are eligible for an expunction. If you are seeking an expunction in Texas, contact the Loker Law Firm today for assistance in obtaining an expunction and getting a fresh start.

NON-DISCLOSURES

A non-disclosure is an order similar to an expunction with the exception that only law enforcement officers and government officials will still have access to your records. A non-disclosure prohibits law enforcement officers and government officials from sharing any information about your record with third parties. You could legally state that you have not been arrested or convicted of a crime when applying for jobs, housing, credit cards, or other official documents. Most misdemeanor charges are eligible for non-disclosure after the completion of a deferred adjudication. An experienced criminal defense lawyer can tell you whether you are eligible for a non-disclosure. If you are seeking a non-disclosure in Texas, contact the Loker Law Firm today for assistance in obtaining a non-disclosure order and getting a fresh start.

SENTENCING GUIDE

Below is a sentencing guide that shows the possible punishment ranges for different classifications of crimes. The eligibility of alternative sentencing, such as probation, for each case will vary by circumstances. An experienced criminal defense lawyer can tell you all of the possible outcomes of your case. If you have been arrested in Texas, contact the Loker Law Firm today to discuss your case with an experienced Criminal Defense lawyer.
Felonies
Felony: Capital
Possible Punishment Range: Life in Prison without Parole or Death
Felony: 1st Degree
Possible Punishment Range: 5-99 years in state prison and a possible fine not to exceed $10,000
Felony: 2nd Degree
Possible Punishment Range: 2-20 years in state prison and a possible fine not to exceed $10,000
Felony: 3rd Degree
Possible Punishment Range: 2-10 years in state prison and a possible fine not to exceed $10,000
Felony: State Jail
Possible Punishment Range: 180 days - 2 years in state jail and/or a fine not to exceed $10,000
Misdemeanors
Misdemeanor: Class A
Possible Punishment Range: Up to 1 year in county jail and/or a fine not to exceed $4,000
Misdemeanor: Class B
Possible Punishment Range: Up to 180 days in county jail and/or a fine not to exceed $2,000
Misdemeanor: Class C
Possible Punishment Range: A fine not to exceed $500