What Constitutes a Felony?

Cesar MontalvoCriminal Law

A felony is the most serious class of criminal offense and definitely requires a felony defense lawyer to represent you in court. They are generally defined as crimes punishable by imprisonment of more than one year, and the prison sentences are usually served in a federal or state penitentiary rather than a county jail. Some examples of felonies include murder, …

What is a Misdemeanor?

Cesar MontalvoCriminal Law

A misdemeanor is a criminal offense that is less serious than a felony and more serious than an infraction. You must keep in mind that the verdict of your offense is contingent on the degree of the misdeed. Misdemeanors are generally punishable by a fine and incarceration in a local county jail, unlike infractions which impose no jail time. Many …

Theft is Punished on an Escalating Basis

Cesar MontalvoCriminal Law

Theft is the instance where an individual takes money, assets, services, or other property with the intent of permanently depriving the owner of the property. Theft statutes usually refer to the value of the property taken by the defendant, with penalties escalating on this basis. Besides imposing jail, fines, and other punishment, courts in all jurisdictions will require those convicted …

Are Assault and Battery the Same Thing?

Cesar MontalvoCriminal Law

What it Means to be Convicted of an Assault Charge.  Assault is briefly an apprehension or perception of offensive contact. Typically, an assault requires an overt or direct act that would put a reasonable person in fear for their safety. Spoken words alone will not be enough of an act to constitute an assault unless the offender backs them up …

What Information Will a Criminal Lawyer Need?

Cesar MontalvoCriminal Law

A criminal lawyer will understand the sensitivity of your legal predicament and will hold your information in the strictest of confidence under attorney–client privilege. In order to provide the quickest resolution, your criminal lawyer will need you to share the following details about your case: Personal Information: Name given to officer DOB Address Phone Email Arrest Information: Address of arrest …

When do I Need a Criminal Defense Attorney?

Cesar MontalvoCriminal Law

In the state of Texas, the accused usually realize they need a criminal defense attorney after they have been arrested and placed in the county detention center or jail where it takes 8‐12 hours to be processed. Here’s what the process looks like: Bond: The magistrate states the allegations in the case and sets a bond amount to ensure that …