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Arrested for Assault? Why You Need a Skilled Houston Criminal Lawyer When Accused of Assault Charges

Hire the Best Houston Criminal Attorney

If you have been charged with Assault in Houston, you may face serious jail time. When facing criminal charges it is crucial that you act quickly in retaining skilled legal representation to defend you. Your selection of attorneys is a critical choice; few criminal defense attorneys have the background and experience as the legal team at The Charles Johnson Law Firm. With extensive experience in all manner of Assault charges, your best interests are aggressively protected in court. Your case will be carefully analyzed to determine the strategy that will be employed to seek a better outcome for the client, no matter how serious the offense.

It does not take much for an altercation or argument to escalate and involve the police. Some people may believe that an Assault charge consists of a violent fight between two individuals but this is not always the case. In Texas, Assault can include an attempt to hurt someone physically. In some instances, prosecutors have decided that the slightest touch is enough to file assault charges. Additionally, the law does not require the alleged victim to sustain an actual injury.

Whether you are facing a first assault offense or are charged with a serious felony assault, your case will be carefully reviewed and analyzed to determine if any errors or violations of your rights have taken place during the arrest, through the chain of custody of evidence, in lab procedures or other aspect of the case that opens the door to a successful court challenge. It is vital that you do not engage in any discussions, questioning or interrogations without first contacting Houston Assault Lawyer Charles Johnson to protect you. Make the call immediately after your arrest. You can call Attorney Johnson anytime night or day and speak with him directly at (713) 222-7577.

Each assault case has individual circumstances and evidence, and some may consider there is little hope. In fact, we frequently discover viable options to defend the case in court and will vigorously defend our client. Our background in the criminal justice system results in a broad understanding of how the prosecutor in the case will proceed and the strategies for staying one step ahead of the moves they make. Your rights will be aggressively protected and our legal team will seek a “not guilty” verdict, dismissed charges, a reduced charge or alternative sentencing, depending on the exact circumstances of your case. Houston Criminal Lawyer Charles Johnson is here to protect you and to fight for you in court.

Assault Charges in Texas

There are several different types of assault charges including but not limited to:

  • Assault Causing Serious Bodily Injury
  • Assault On A Public Servant, Sexual Assault
  • Assault With A Deadly Weapon
  • Aggravated Assault
  • Sexual Assault
  • Assault Family Violence
  • Assault On A Child Or Elderly

Assault charges can range from Class C misdemeanors (e.g. assault by contact) to a 1st degree felony; all cases will vary based on the facts and criminal history of each defendant. On the lower end of the spectrum (Class C misdemeanor), the punishment may result in implementation of fines, attendance of anger-management or marriage counseling classes, or deferred adjudication. Higher level misdemeanors could result in jail time or probation. Felony cases may result in probation or prison time. Depending on your criminal history and the actual charge, you may be eligible for special programs like the Pre-Trial Intervention Program that could result in a dismissal of your case.

Sexual Assault

Like many states, Texas has reconceptualized rape as an assaultive or violent offense rather than a sexual offense.  Like these other states, Texas no long utilizes the term “rape” in its Penal Code.  Both types of “rape”, forcible and statutory ,are found in TPC sec. 22.01.  and are forms of “Sexual Assault.” These are in ch. 22 “Assaultive Offenses” rather than ch. 21 “Sexual Offenses.”

Both are first degree felonies if the offender and victim are closely related.  Otherwise the offenses are  second degree felonies. First degree felonies are punishable by imprisonment for life or for any term of not more than 99 years nor less than 5 years.  In addition, punishment can include a fine of not more than $10,000.  A second degree felony is punishable by imprisonment for not more than 20 years nor less than 2 years, and/or a fine not to exceed $10,000.

Sexual Assault (non-consensual)

The offense that formerly would have been called forcible rape is now found in 22.011 (a) of the TPC. 

§ 22.011. SEXUAL ASSAULT.  (a) A person commits an offense if the person:

(1)  intentionally or knowingly:

(A)  causes the penetration of the anus or sexual organ of another person by any    means, without that person’s consent;

(B)  causes the penetration of the mouth of

another person by the sexual organ of the actor, without that

person’s consent;  or

(C)  causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

Note that unlike the common law definition of rape, this statute is gender-neutral, includes sex acts in addition to vaginal intercourse, and has no exemption for rape of a spouse.

Without consent is defined in subsec. (b) in 11 different ways:

A sexual assault under Subsection (a)(1) is without the

consent of the other person if:

(1)  the actor compels the other person to submit or participate by the use of physical force or violence;

This is the classic forcible rape scenario.  Prior law required the victim to resist and the force had to be such as would overcome “such earnest resistance as might be reasonably expected under the circumstances.”  There is no requirement of any resistance in the current statute.

(2)  the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the

present ability to execute the threat;

(3)  the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;

(4)  the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;

(5)  the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;

Drugging the victim is covered in (6) below and, at first glance, it might appear that subsec. 5 is not possible.  This portion of the statute is aimed primarily at physicians who exceed the scope of a proper gynecological examination, and the victim is not aware of what is really going on.

(6)  the actor has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge;

(7)  the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability

to execute the threat;

The final four subsections deal with the situation where a person has control or unusual influence over the victim and takes advantage of that relationship:

(8)  the actor is a public servant who coerces the other person to submit or participate;

(9)  the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by

exploiting the other person’s emotional dependency on the actor;

(10)  the actor is a clergyman who causes the other person to submit or participate by exploiting the other person’s emotional dependency on the clergyman in the clergyman’s professional character as spiritual adviser;  or

(11)  the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2,

Family Code.

Sexual Assault (Statutory Rape)

Forcible rape was a common law offense.  Consensual sex with a child was criminalized by a statute by Parliament, and is thus termed “statutory” rape.   The Texas version is found in TPC sec. 21.011 (2). It provides that an actor commits an offense if he or she

2)  intentionally or knowingly:

(A)  causes the penetration of the anus or sexual organ of a child by any means;

(B)  causes the penetration of the mouth of a child by the sexual organ of the actor;

(C)  causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(D)  causes the anus of a child to contact the mouth, anus, or sexual organ of another person,  including the actor;  or

(E)  causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

Note that like the forcible rape version, the statute is gender neutral and includes sex acts other than vaginal intercourse.  There is no element of lack of consent .

A child is defined as someone younger than 17 years of age who is not the spouse of the actor.  Because the acts are consensual, there is, unlike in the forcible rape version, a spousal exception. Persons under 17 are presumed incapable of giving a valid consent, except when married.  Age 17 is referred to as the “age of consent,”–the age at which the law assumes a valid consent can be given.

There is a defense of medical care: “(d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.”

There is also a defense if the offender and victim are close in age, are not close relatives, and the offender does not have certain prior convictions for certain sex offenses.  In these situations it is less likely that there is some form of improper exploitation of a young victim by an older predator.

(e)  It is an affirmative defense to prosecution under Subsection (a)(2) that:

(1)  the actor was not more than three years older than the victim and at the time of the offense:

(A)  was not required under Chapter 62, Code of Criminal Procedure, to register for

life as a sex offender;  or

(B)  was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section;  and

(2)  the victim:

(A)  was a child of 14 years of age or older;  and

(B)  was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.

The statute does not say that the defendant must know that the victim is under 17, and Texas courts have not created such a requirement.  Thus, (as in a majority of states) mistake of fact about the victim’s age is not a defense.

Aggravated Sexual Assault

If a sexual assault under sec. 22.011 involves any of the following acts by the offender, the offense is Aggravated Sexual Assault (sec. 22.021 (2):

(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

(ii) by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

(iii) by acts or words occurring in the presence of the victim threatens to cause the death, serious bodily injury, or kidnapping of any person;

(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;

(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or

(vi) administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine [so-called “date rape drugs”] to the victim of the offense with the intent of facilitating the commission of the offense;

It is also an aggravated sexual Assault if the victim is under 14 or an elderly or disabled individual.  Aggravated Sexual Assault is a felony of the first degree.

Assault Family Violence

Houston Criminal Lawyer Charles Johnson handles a large number of Assault Family Violence cases, both misdemeanors and felonies. These types of cases typically involve family members but may also include former spouses, domestic partners, roommates, and present/former boyfriends/girlfriends.

Frequently, assault family violence cases involve police officers responding to a call about a disturbance. The police will likely talk to both parties and make an arrest based on whose story they believe or what the evidence indicates. Unfortunately, sometimes, the person arrested is actually the victim and not the aggressor. Other times, a mere accusation of violence may be enough for a criminal case to be filed. Sometimes, penalties for assault family violence may be harsher than normal assault cases and may result in temporary or permanent loss of parental rights.

Unfortunately, having an assault family violence conviction on your record can be used to deny child custody and limit your visitation rights if you are undergoing a divorce or other child custody hearings.

Affidavits of Non-Prosecution

Unlike in TV shows and movies, an assault case cannot be dropped in Texas simply because the victim requests that the charges be dropped. Instead, the right to drop the case belongs to the prosecutor and judge. However, not all hope is lost. Frequently, criminal defense attorneys help the victims in assault cases prepare Affidavits of Non-Prosecution, which express the victims wish that the case be dismissed and may shed some light on the altercation or argument that led to the arrest and filing of charges. While these affidavits can’t guarantee that a case is dismissed, they certainly help in persuading the prosecutor to dismiss the case or reduce the charges.

Protective Orders and Court Ordered Injunctions

In some cases of assault, the prosecutor will request that a court impose temporary protective orders or an injunction to place restrictions on contact between the accused and the victim, or in the case of assault family violence on the other family members. Protective orders may vary, ranging from no contact with the alleged victim, which frequently results in the accused having to find another place to live until the case is resolved or the protective order lifted, or could result in a temporary loss of child custody. A violation of a Court Ordered Protective order is also a serious criminal matter and may result in additional criminal charges filed against the accused.

Aggravated Assault & Assault with a Deadly Weapon

Aggravated assault consists of two different charges: aggravated assault causing serious bodily injury and assault with a deadly weapon, both of which are typically second degree felonies. An aggravated assault causing serious bodily injury occurs when during the course of an assault the victim was seriously injured. It is escalated from a mere slap to the face to a more severe resulting injury. Assault with deadly weapon occurs when the accused is alleged to have exhibited a deadly weapon during the commission of the assault. Deadly weapons can include but are not limited to: baseball bats, BB guns, bottles, clubs, drugs, firearms, knives, motor vehicles, nail guns, and even dustpans and hot water.

However, if you are accused of committing an aggravated assault against someone with whom you have a domestic relationship, or against a security guard, witness, police officer, or public official the charge may be elevated to a first degree felony. If you have any questions about what constitutes assault in Texas or have been charged with assault, feel free to visit us on Facebook and post a question, leave a comment or fill out a free case evaluation form with no obligation

List of Common Texas Assault Charges

• Assault

Sexual assault

• Aggravated assault

• Aggravated sexual assault

• Injury to a child, elderly individual, or disabled individual

• Abandoning or endangering child

• Deadly conduct

• Consent as defense to assaultive conduct

• Terroristic threat

• Aiding suicide

• Tampering with consumer product

• Leaving a child in a vehicle

• Harassment by persons in certain correctional facilities; harassment of public servant

• Applicability to certain conduct

Possible Defenses for Assault Charges

Despite what the police might say, being charged by the Police with an offense does not mean that you will be found guilty of that offense. It is also true to say that Police are human and do make mistakes. In some domestic violence cases they may be bound to take action against someone even though they would prefer not to and in other cases they may be biased or act illegally.

There are many reasons why you may be found not guilty by the court, some of which include:

  • The police don’t have enough evidence to prove that you committed the offense;
  • The police have acted illegally or improperly;
  • A witness may not attend court;
  • The Police have charged you with the wrong offense;
  • Where applicable the Police cannot prove that the injuries amount to actual or grievous bodily harm;
  • You are able to rely on a recognised defense.

Self Defense 

Self-defense claims are made when a defendant agrees that act of assault occurred, but it also that it was justified by the other person’s threatening actions. A jury must decide that the person accused of the crime acted reasonably. The questions which must be asked include:

  • Who was the aggressor?
  • Was the defendant’s belief that self-defense was necessary a reasonable one?
  • Did the defendant use only the force necessary to combat the aggressor?

Defense of Others 

Defense of Others claims are similar to self defense claims. When making such a claim, a defendant agrees that act occurred, but claims that it was justified by the other person’s threatening actions to a third person.

Again, to succeed, a jury must determine that the defendant acted reasonably under the circumstances.

Alibis 

An alibi defense is simply the argument that the defendant could not have committed the crime because that defendant was somewhere else.

Credibility 

One of the best and most common defenses is to challenge the credibility of witnesses including the police. A good attorney will examine all aspects of a witnesses statements, the inconsistencies and the omissions. Witness testimony may be undermined by prior inconsistent statements or rebuttal witnesses that tell a different story.

In any criminal case it is very important to preserve evidence before it gets cold. That means you should hire an experienced and aggressive attorney for your representation as soon as possible. If you do not, your rights could be impaired.

An investigation must be performed which would involve photographing the scene, examining critical evidence and interviewing potential witnesses while their memory is fresh. (A defendant cannot perform these functions by themselves since they may be viewed as tampering with a witness).

Accuser Motivation

Because sexual charges are often based on the word of the accuser, the motivations and background of the accuser are highly relevant to sex crimes defense. Proper investigation and use of psychological experts can uncover facts that can be helpful to your defense.

  • Lying about consensual sex. Some may make false charges of sexual assault or rape to cover up consensual sex in order to protect their own reputation from damage to hide casual sexual encounters from friends and family.
  • Child custody disputes. A parent may make false accusations of molestation or inappropriate sexual behavior against his or her spouse in order to gain an advantage in family court. Such false charges are a common tactic in divorce and custody cases.
  • Financial advantage. A sexual charge is an easy way for an accuser to extort money from a defendant. Celebrities are not the only targets of these schemes. An employee can easily bring such a charge against an employer. We have also seen extortion associated with extramarital affairs.

Suppression of Evidence

If photographs, computer files or other records were obtained from you, there are very strict search and seizure guidelines that the police must follow. Illegally obtained evidence cannot be used against you in court. In sex crimes cases, there are limited circumstances in which incriminating evidence can be suppressed. A motion to suppress is a Constitutional Right and an effective weapon in the hands of an experienced sex crimes defense attorney.

“Taint”

“Taint” can occur when children are subjected to biased and suggestive interviews. Parents, teachers, police and even therapists can ask leading questions such as “daddy touched you there, didn’t he?” Often, the adult conducting the interrogation is not consciously aware of the suggestive nature of the question. Young children, who are eager to please adults, often answer “yes” and even build false memories about events that did not actually occur.

Fighting a criminal case can be very complicated. Did you know that many cases are dismissed on technicalities? The Best Houston Assault Attorney must have knowledge of the court system and know the different personalities of Judges and Prosecutors.

Hire the Best Houston Assault Lawyer: The Charles Johnson Law Firm

Do not hesitate to contact Attorney Johnson if you or one of your loved ones could even possibly be facing any type of Assault charge. Don’t make the huge, regrettable mistake of acting without legal representation, the most foolish course of action when dealing with the criminal justice system.

It is important that you seek legal counsel if you have been arrested for Assault in Houston as soon as possible. Houston Lawyer Charles Johnson is an experienced and skilled lawyer who can help you protect your rights, investigate the evidence, and negotiate with the state to get the charges filed against you reduced or dismissed.

Acting promptly and aggressively is the key to protecting your freedom and ultimate well being. Houston Criminal Lawyer Charles Johnson is available by phone 24 hours a day at (713) 222-7577. He knows how important your case is, and wants to protect you from the very outset.

Why You Need a Skilled Houston Criminal Lawyer When Accused of Assault
by Charles Johnson

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Arrested for Assault? Why You Need a Skilled Houston Criminal Lawyer When Accused of Assault Charges

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Houston Lawyer: What Happens When A Person is Arrested For A Crime?

Top Houston Lawyer

Consult the Finest Houston Lawyer at the Charles Johnson Law Firm as soon as possible if you or a loved one has been arrested or charged with a criminal offense. Getting legal guidance is essential to make certain that a defendant’s legal rights are safeguarded.

Certain constitutional protections apply to an individual arrested for a criminal offense. Additionally, there are certain procedures that are generally identical from jurisdiction to jurisdiction. Here is a concise explanation of what occurs when an individual has been arrested for a criminal offense.

A person could very well be charged with a criminal offense before they are arrested. If this transpires, a judge is going to issue a warrant for the individual’s arrest. A law enforcement officer will try to find the individual who is the subject of the warrant. If the individual is found by the authorities and arrested, police officers must give the individual a copy of the warrant that declares the charge for which they are being arrested. The authorities do not necessarily have to have a copy of the warrant with them at the time of the arrest, however they must provide a copy to the arrested individual within a reasonable amount of time afterward.

After an individual is arrested, they will be “booked” at the police department. This involves taking fingerprints and completing other procedural requirements. The individual will then be held in police custody pending a court hearing. This hearing will generally take place within 48 hours.

When an individual is taken into police custody, they have the right to contact a lawyer. The individual will likely be permitted to get in touch with a criminal defense attorney. The individual should have at least a brief opportunity to meet with their criminal defense lawyer prior to their preliminary court hearing.

At the court hearing, the judge will read the criminal charges against the individual, who is designated the defendant. If the individual was arrested without an arrest warrant, this will likely be the first time they are told the criminal charges against them. The judge will attempt to ensure that the defendant comprehends the criminal charges. The judge will then ask the defendant to enter a plea. A defendant can enter a plea of “not guilty”, of “no contest”, or of “guilty”.

Even if the defendant is guilty, they are able to enter a plea of not guilty, should they think there is not enough evidence to establish their guilt. In any case, a plea of not guilty may result in a trial where the federal government will be required to establish, beyond a reasonable doubt, that the defendant is guilty of the criminal offense for which they are being charged.

A jury will need to decide, dependent on the evidence introduced by both sides, whether or not the defendant is to be found guilty or not guilty. In many cases, a defendant may possibly waive their priviledge to a jury trial, and the judge will determine if they are guilty or not guilty primarily based on the evidence which is offered. The defendant should speak with their criminal defense lawyer about whether or not they should waive their priviledge to a jury trial.

If the result of the trial is that the defendant is found not guilty of the violations charged, they can be released from police custody. If the result of the trial is that the defendant is found guilty or if there isn’t a trial due to the fact that the defendant entered a plea of no contest or of guilty, then there will be a sentencing hearing.

There will be evaluations of the defendant that are performed prior to the sentencing hearing. By way of example, if the criminal offense is DWI, the defendant may be evaluated to determine if they have a substance abuse issue. The court will also prepare a pre-sentencing report, which is basically an investigation into the previous criminal history of the defendant. This knowledge helps the judge determine an appropriate sentence.

At the sentencing hearing, there will be an opportunity for individuals to speak with the court about what factors they feel the court should take into account in determining a sentence. These individuals can include the victim of the criminal offense, the victim’s family, the defendant, the defendant’s family, and any other interested party.

The judge will take into consideration all of the evidence shown and any sentencing requirements. The judge will then enter a sentence for the defendant. If the criminal offense was fairly minor, and the defendant has been in custody throughout the entire court process, some may have already served the jail time that has been imposed by the judge. If the criminal offense is more severe, the defendant could possibly face substantially more prison time. Furthermore, a criminal sentence may involve more than serving time in jail. The defendant may be ordered to pay fines, to provide restitution to the victim, to undergo treatment for substance abuse or mental problems, to perform community service, or many other things.

Any person who is arrested for a criminal offense should hire an experienced Houston Lawyer with practical experience in criminal defense to represent them. This is the most effective way to make certain that their legal rights are defended, and that they obtain the finest possible outcome.

If you or someone you love has been arrested, you probably aren’t sure where to turn or what to do next. A positive first step is to contact the Charles Johnson Law Firm as soon as possible, 24 hours/day. Houston Lawyer Charles Johnson will guide you through the complicated maze of the justice system and help you to remain calm during this stressful time.

Houston Lawyer » Ways To Improve Your Odds Of Avoiding a DWI Conviction

Hire the Finest Houston DWI Lawyer!

There are a few essential things it is best to realize in the event you are facing DWI criminal charges in or around Houston, Texas. The Leading Houston Lawyer will undoubtedly be happy to answer your questions about DWI and provide you essential case tips when you speak to them for a free of charge preliminary case evaluation.

Case Tips Regarding your Houston DWI

  • If you happen to be stopped for suspected DWI, always be polite to the officer. However, do not answer any questions about what you have had to drink or when.
  • Politely refuse to submit to field sobriety testing, as this is not mandatory and you cannot be penalized for a refusal of this kind.
  • If you are arrested, be sure that you speak to the Texas DPS as soon as possible. You’ll have only Fifteen calendar days to schedule an ALR (Administrative License Revocation) hearing regarding your license suspension. Failing to schedule this hearing will bring about the automatic suspension of your license.
  • After your arrest, you have the right to remain silent. You do not have to respond to questions or undergo formal questioning regarding the case. While it is best to cooperate and be polite, you do not have to respond to questions regarding how much you have had to drink and when. Exercise this right, and you will have a far greater chance of avoiding a conviction.
  • You also have the right to legal counsel. This is a constitutional right that has to be observed in order to provide defendants in criminal cases the chance to prove their innocence. By turning to a Houston DWI lawyer as soon as possible following a DWI arrest, you will give your attorney an improved chance of making a positive impact on your case.
  • Most importantly, contact the Leading Houston DWI Attorney as soon as you can. Having a skilled attorney at your side as early in the process as possible means that your rights will undoubtedly be defended and you will have the very best opportunity of avoiding license suspension and a conviction.

Hire the Finest Houston Lawyer!

Experienced Attorney Charles Johnson of the Charles Johnson Law Firm can fight for your legal rights both during your ALR hearing and also throughout the entire criminal court process.

The Most Qualified Houston Criminal Defense Lawyer has represented many clients who were dealing with DWI convictions and harsh legal penalties. With their guidance, clients have been able to battle their driving while intoxicated charges and obtain effective outcomes in court and at their Texas DPS ALR hearings. Dedicated Houston Criminal Attorney Charles Johnson is an aggressive, qualified litigator who is prepared to assist you. Call him today and he will help you get your life straightened out.

Best Houston Lawyer

The Houston Lawyer

Arrested for Prescription Drugs? There is way out of it.

The illegal sale or use of prescription drugs can certainly result in severe criminal charges. If you have been arrested for a forged prescription or the unlawful possession of a prescription drug, you want a highly skilled criminal defense lawyer protecting your rights and fighting for you in court.

At the Houston Charles Johnson Law Firm, our trial attorney has many years of practical experience dealing with numerous drug crimes involving prescription drugs. Available at any hour, 7 days a week, we are ready to answer your questions and build your defense.

Anyone can certainly be hooked on prescription drugs. A number of our clients started out taking their drugs for medical reasons, but grew to be addicted. When their prescriptions ran out, they obtained the drugs by other means. Serving satisfied customers throughout Texas, our firm recognizes the penalties of a criminal conviction for average, everyday men and women. We can help you battle any sort of of the following charges:

  • Prescription Forgery
  • Sale of Prescription Drugs
  • Prescription Fraud
  • Illegal Possession of Prescription Drugs

The primary goal in each prescription drug case is to prevent a prison sentence. We shall help you discover alternative sentencing options, that include entering a drug treatment center. You will likely be in need of rehabilitation, certainly not a jail sentence. Looking forward, we are going to help you receive the assistance you might need.

Although the majority of prescription drug court cases involve painkillers, we handle criminal charges involving a wide range of drugs, for a wide range of clients, including minors. If your case involves any of the following prescription drugs or others, we can help:

  • Adderall
  • Ritalin
  • Vicodin
  • OxyContin
  • Xanax
  • Valium
  • Soma
  • Seroquel

Abuse and the unlawful sale of prescription drugs, significantly painkillers including Oxycodone and OxyContin, is a growing criminal charge being vigorously charged and prosecuted across the state of Texas. A popular and quite often easily accessible narcotic, prescription drug offenses carry with them the same kinds of severe penalties as various other illegal sale, trafficking, distribution and use offenses.

It is quite often students and under-30 men who are most commonly charged with abuse of prescription drugs. At the Charles Johnson Law Firm we have represented valued clientele in Houston and nearby communities for quite some time. Our lawyer offers personalized attention to each individual client to develop a powerful defense depending on the unique circumstances of your situation.

Act In your Defense

Prescription pain medication is popular. No doubt the majority of medicine cabinets across the Houston area have some kind of prescription drug unlocked and very easily accessible. But, even doing something as simple as offering a few Oxycodone, OxyContin, Valium or Xanax pills to some close friends at a social gathering could potentially result in a major criminal record and even prison time.

Our expert criminal defense lawyer provides the advantage of many years of working experience working exclusively in criminal defense. We have expertly handled a wide range of drug cases. Rely on us to battle your prescription drug criminal charges involving:

  • Possession
  • Sales
  • Distribution
  • Trafficking
  • Prescription fraud
  • Doctor shopping

Houston Criminal Lawyer Charles Johnson has worked with folks from virtually all walks of life, including students, blue-collar workers and executives. Attorney Johnson has built his reputation on the foundation of his dedication to getting results and meeting the needs of our individuals.

Prescription Fraud

The National Institute on Drug Abuse reports that close to twenty percent of Americans have used prescription drugs for non-medical purposes at some point in their lives. But with the increased trafficking of prescription drugs online, the shocking increase in senior citizen trafficking of prescription drugs, and the high incidence of overdoses by users of illegally attained prescription drugs, prosecution is increasing and sentences are quite often just as harsh as those imposed for the distribution of illegal drugs. Trafficking statutes don’t discriminate: doctors and pharmacists are arrested for unlawful trafficking in prescription drugs, and so are the social-security-dependent elderly who trade painkillers for cash to pay for various other medications not supplied by Medicare or to pay the electric bill.

Houston Prescription Drug Possession/Sales Defense Attorney: The Charles Johnson Law Firm

Possession or distribution, prescription or "street" drugs, drug-related criminal charges are serious business. The potential for mandatory minimum prison sentences – sometimes ten years or more for fairly minor offenses – along with license suspensions, lengthy and restrictive terms of probation, mandatory drug treatment, hefty fines, taxes, forfeiture of property and assets, and limitations on future employment prospects, means that you ought to fully understand your liberties and options before you take any sort of action at all. The clock is ticking on the limitations period for filing certain defenses and requests for information.

Take charge of your case now. Talk to Houston Lawyer Charles Johnson now. A knowledgeable criminal defense lawyer will undoubtedly be able to explain exactly what sort of penalties you could very well be facing, and assess your case for potential defenses. Call right now for a no charge, no obligation consultation with an experienced criminal defense lawyer who will be able to guide you through this hard time.

Do Not Become a Casualty of the War on Drugs

The government is leading a well funded fight against drugs that measures its victory by the quantity of arrests made and the size of drug busts. The popularity of drugs leads many people to think of drug crimes as modest offenses. Drug manufacturing charges are pursued very seriously at both the federal and state level. If the quantity is sufficient, you might even find yourself in jail.

Federal convictions carry severe required prison sentences established on Federal Sentencing Guidelines. Moreover, under federal law, you will likely be required to carry out 85% to 90% of your sentencing time without having the probability of parole. Federal agents are experts in employing high pressure tactics to acquire confessions and negotiate plea bargains that can certainly land you in prison. Most states have minimum sentencing guidelines which include jail time for drug manufacturing, possession, trafficking and distribution.

Even a simple marijuana "manufacturing" (growing) charge might lead to a criminal record which makes it very difficult to obtain a good job. While some may perhaps view drug use as a "victimless criminal offense", the government views drug manufacturing and use as a strong contributor to violent crime. Even if the charge is initially handled by your state, it can easily be handed to federal authorities. A serious concern if you are facing drug manufacturing criminal charges is whether or not the federal government is involved. Do not underestimate the severity of drug manufacturing charges. The federal government has an entire agency whose objective is to acquire drug convictions, including convictions for drug manufacturing.

Serious Charges Require Serious Defensive Strategy

Our willingness to fight drug manufacturing criminal charges no matter the expense to us has generated exceptional results for our satisfied clientele. Our familiarity with the state and federal criminal process will work to your great advantage in battling this variety of case. At the Charles Johnson Law Firm, you will find there’s a great deal of experience in addressing drug criminal charges, including drug manufacturing charges. Early intervention is important to obtaining the best results.

If you or a loved one be fighting drug manufacturing charges, please do not be reluctant to give us a call right now for a free of charge, confidential initial consultation. One of the secrets to our accomplishment is the vast team of specialists we have at our disposal to battle overzealous prosecutors at all levels of the government.

Houston Drug Manufacture/Sales Defense Lawyer: The Charles Johnson Law Office

In all cases, we would like to hear your side of the story before we begin to fully evaluate your options.

We are ready to respond to your questions and minimize the damages contending with you following your drug manufacture charge. Understanding your side of the story is essential.

At the Charles Johnson Law Firm in Houston, Texas, our attorney has a great deal of expertise protecting the arrested in the courts throughout Texas. From meth labs to marijuana grow houses, in the event you or possibly a loved one faces charges surrounding the cultivation of drugs; you will need to speak with an experienced trial criminal defense attorney before you take any type of legal action all by yourself. Paying attention to your side of the story, we will help you examine any and all potential defenses. When you first step into our Houston law office, we will discuss your case, go over what happened, and how the charges you face could possibly be affected by a prior criminal record. We are going to tell you about the court in which your criminal charges will be heard. All drug charge convictions carry severe penalties, but the state of Texas makes every effort to crack down on drug manufacture court cases.

Building Your Drug Manufacture Defense

Our method of defending drug crime charges is successful because we aggressively defend our clients’ rights. Most drug manufacture criminal charges, whether or not they involve marijuana or methamphetamines, are heard in state court. Contact us right now so we can help select the approach which is right in your case. Quite often, marijuana grow houses and meth houses are identified after informants report activities to the authorities. However, in every case the quality of evidence differs.

Should you have been turned in by a third party, we will attack the reliability of the source. That is why we analyze potential actions on a case-by-case basis.

Do Defendants Have The Same Rights When Facing Misdemeanor And Felony Charges?

A defendant charged with a misdemeanor has fewer legal rights than a defendant charged with a felony. If the defendant will not face imprisonment as a result of conviction, he has no right to an attorney. There is no right to indictment by grand jury, or to a “preliminary examination” to review the basis of the charges filed. In some states, misdemeanor charges are tried before six person juries, whereas felonies are ordinarily tried before twelve person juries. Most other rights are the same, for both felonies and misdemeanors.

At the Charles Johnson Law Firm, we provide a free consultation to anyone charged with a crime. You should take advantage of that free consultation immediately. Having an attorney is so important to successfully getting through the criminal process. Get a free initial consultation by calling Houston Criminal Defense Attorney Johnson now at 713-272-4586, 24 hours/day, 365 days/year.

How Are Criminal Charges Filed?

Criminal proceedings take place in a series of stages. Usually, the police are responding to a citizen’s complaint that a crime has been committed. Sometimes, the police observe suspicious activity. Once they are called, or see something suspicious, the police investigate, take statements from witnesses, and prepare a report on their findings. At times, they will arrest people during the course of their investigation. At other times, they will complete their report and submit it to the prosecutor’s office for evaluation, and a prosecutor will decide whether charges should be filed against any suspects named in the police report.

The exact procedure for how charges are filed varies from jurisdiction to jurisdiction. Some jurisdictions give the police greater discretion in charging defendants with specific crimes, while others place more power with the prosecutor’s office. After being stopped by the police, a person may be ticketed for a “civil infraction,” may be ticketed or arrested for a “misdemeanor,” or may be arrested for a “felony.”

While it is common to speak in terms of being “charged by the police,” in many states this is not entirely accurate. The exact procedure for how charges are filed varies from jurisdiction to jurisdiction, and, although the police may arrest a person and may recommend a specific charge, in many jurisdictions criminal charges is chosen solely by the prosecutor’s office.

Charles Johnson Law Firm, Houston Criminal Defense

We can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.

 
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