Michael Makris -Attorney At Law-

Criminal matters that we can handle include:

Trials by Jury, Motions to Suppress, Bond Reductions, Mental Competency Hearings, Probation Violations and Hearings, Parole Violations and Hearings, DPS Driver’s License Hearings, Occupational Licenses, Deferred Prosecutions, Deferred Dispositions, Deferred Adjudications, Record Expunctions, Non-disclosures, Traffic Tickets, MIP, PI

Your Rights:

Some of the important rights that all Americans have come from provisions of the United States Constitution quoted below. Although it is important to know what your rights are in general, not protecting your rights once you have been accused of a crime can be devastating!

A Criminal Defense Lawyer can help you understand your rights, and more importantly how they can help protect you if you are accused of a crime. Unfortunately many people who are accused of a crime “give up” important rights before consulting with a lawyer, thinking they can handle the matter without counsel. Things like agreeing to let a police officer search your car, answering police questions, agreeing to a polygraph test, or asking for a trial by judge can deprive you of rights that our founding fathers fought for us to have.

Right NOT to incriminate yourself:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled on any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Right to have a lawyer and to confront witnesses against you in court:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

Right to a trial by a jury of your peers:

“In suits at common law, where value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.”

Right to refuse to allow a search of your property without a warrant:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

These are just a few of the important rights that we have under Federal Law. In addition to other rights under Federal Law, we have numerous rights given to us by the State Law. There is simply no substitute for having an experienced Lawyer ensuring that your rights are preserved and properly used to help you.

Texas Penalty Ranges:

In Texas, most criminal offenses fall under the following basic categories:

Capital Offense = Life in Prison without Parole or Death Penalty

1^stDegree Felony = 5 - 99 years or life in Prison

2^ndDegree Felony = 2 - 20 years in Prison

3^rdDegree Felony = 2 -10 years in Prison

State Jail Felony = 180 days to 2 years in State Jail

Class A misdemeanor = up to 1 year in County Jail

Class B Misdemeanor = up to 180 days in County Jail

Class C Misdemeanor = up to $500 fine, (no jail time for class C)

Although it is important to know the penalty range for the offense of which the accused is charged, there are a number of ways that an accused might be able to avoid the initial stated penalty. Below are some common and not so common avenues that criminal defense lawyers might consider using to resolve a criminal matter with a lesser sentence and or dismissal of the original charge.

Deferred Prosecution, Deferred Disposition, Deferred Adjudication, Probation, Charge Reduction to Lesser Included Offenses, Trials By Jury, Motions to Suppress.

Information Not Legal Advice. This web site has been prepared for general information purposes only and accuracy is not guaranteed. The information on this web site is not legal advice. Legal advice involves the application of legal knowledge and skills by a licensed attorney to your specific circumstances. Also, laws vary from state to state, so some information on this web site may not be correct for where you live. Laws also change frequently so the information contained in this web site is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of an attorney. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you.

Michael Makris Law Firm

A Professional Corporation

401 Congress, Suite 1540

Austin, TX 78701

Toll Free: 888-234-7647

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The following is a list of

Some Texas Crimes and

Their possible penalty

ranges:

Unlawful Restraint

3d degree felony

State jail felony

Kidnapping

3d degree felony

Aggravated Kidnapping

1^st degree felony

2d degree felony

Unlawful Transport

State jail felony

Trafficking of persons

1^st degree felony

2d degree felony

Public Lewdness

Class A misdemeanor

Indecent Exposure

Class B misdemeanor

Indecency with a child

2d degree felony

3d degree felony

Improp relations educator/student

2d degree felony

Improper recording

State jail felony

Assault

3d degree felony

Class A misdemeanor

Class B misdemeanor

Class C misdemeanor

Sexual Assault

2d degree felony

Coercing, Soliciting, or inducing gang membership

3d degree felony

State jail felony

Aggravated Assault

1^st degree felony

2d degree felony

Aggravated sexual Assault

1^st degree felony

Terroristic threat

3d degree felony

Class A misdemeanor

Class B misdemeanor

State jail felony

Aiding Suicide

State jail felony

Class C misdemeanor

Tampering with consumer product

1^st degree felony

2d degree felony

3d degree felony

Leaving a child in a vehicle

Class C misdemeanor

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

3d degree felony

Bigamy

1^st degree felony

2d degree felony

3d degree felony

Prohibited sexual conduct

2d degree felony

3d degree felony

Interference with child custody

State jail felony

Agreement to abduct from custody

State jail felony

Enticing a child

3d degree felony

Class B misdemeanor

Criminal Nonsupport

State jail felony

Harboring runaway child

Class A misdemeanor

Violation of protective order or magistrates order

3d degree felony

Class A misdemeanor

Sale or purchase of child

2d degree felony

3d degree felony

Advertising for placement of child

3d degree felony

Class A misdemeanor

Interference with rights of guardian of the person

State jail felony

Arson

1^st degree felony

2d degree felony

3^rd degree felony

State jail felony

Criminal Mischief

1^st degree felony

State jail felony

Class A misdemeanor

Class C misdemeanor

Reckless Damage or destruction

Class C misdemeanor

Interference with railroad property

3d degree felony

Class B misdemeanor

Class C misdemeanor

Graffiti

State jail felony

Class B misdemeanor

Robbery

2d degree felony

Aggravated Robbery

1^st degree felony

Burglary

1^st degree felony

2d degree felony

State jail felony

Burglary of coin-operated or coin collection machines

Class A misdemeanor

Burglary of Vehicles

State jail felony

Class A misdemeanor

Criminal Trespass

Class A misdemeanor

Class B misdemeanor

Class C misdemeanor

Trespass by holder of license to carry concealed handgun

Class A misdemeanor

Theft

3d degree felony

State jail felony

Class B misdemeanor

Theft of trade secrets

3d degree felony

Unauthorized use of a vehicle

State jail felony

Tampering with Identification numbers

Class A misdemeanor

Theft of or tampering with multichannel video or information services

Class A misdemeanor

Class B misdemeanor

Class C misdemeanor

Manufacture, distribution, or advertisement of multichannel video or information services device

Class A misdemeanor

Sale or lease of multichannel video or information services device

Class A misdemeanor

Possession, Manufacture, or distribution of certain instruments used to commit retail theft

Class A misdemeanor

Forgery

3d degree felony

State jail felony

Class A misdemeanor

Criminal Simulation

Class A misdemeanor

Trademark Counterfeiting

If counterfeiting causes pecuniary loss, the retail value of the item or service determines the punishment range.

Stealing or receiving stolen check or similar sight order

Class A misdemeanor

Credit card or debit card abuse

State jail felony

False statement to obtain property or credit

The value of the property or the amount of credit determines the punishment range.

Hindering secured creditors

The value of the property destroyed, removed, concealed, encumbered, or otherwise harmed or reduced in value determines the punishment range.

Fraudulent transfer of a motor vehicle

3d degree felony

State jail felony

Class A misdemeanor

Credit card transaction record laundering

The amount of the record of a sale determines the punishment range.

Issuance of bad check

Class B misdemeanor

Class C misdemeanor

Deceptive business practices

Class A misdemeanor

Class C misdemeanor

Commercial Bribery

State jail felony

Rigging publicly exhibited contest

Class A misdemeanor

Illegal recruitment of an athlete

The value of the benefit determines the punishment range.

Misapplication of fiduciary property or property of financial institution

The value of the property misapplied determines the punishment range.

Securing execution of document by deception

The value of the property, service, or pecuniary interest determines the punishment range.

3d degree felony

State jail felony

Fraudulent Destruction, removal, or concealment of writing

State jail felony

Class A misdemeanor

Simulating legal process

State jail felony

Class A misdemeanor

Refusal to execute release of fraudulent lien or claim

Class A misdemeanor

Deceptive preparation & marketing of academic product

Class C misdemeanor

Fraudulent use or possession of identifying information

State jail felony

Fraudulent, substandard, or fictitious degree

Class B misdemeanor

Breach of computer security

State jail felony

Class B misdemeanor

Online solicitation of minor

2d degree felony

3d degree felony

State jail felony

Tampering with direct recording electronic voting machine

1^st degree felony

Unauthorized use of telecommunications service

State jail felony

Class A misdemeanor

Manufacture, possession, or delivery of unlawful telecommunications device

3d degree felony

Theft of telecommunications service

State jail felony

Class A misdemeanor

Publication of telecommunications access device

3d degree felony

Class A misdemeanor

Money laundering

1^st degree felony

2d degree felony

3d degree felony

State jail felony

Insurance Fraud

1^st degree felony

State jail felony

Medicaid fraud

The amount of the payment, monetary or in-kind benefit, provided under the Medicaid program, directly or indirectly, determines the punishment range.

Bribery

2d degree felony\

Coercion of public servant or voter

3d degree felony

Class A misdemeanor

Improper Influence

Class A misdemeanor

Tampering with witness

State jail felony

Obstruction or retaliation

2d degree felony

3d degree felony

Acceptance of honorarium

Class A misdemeanor

Gift to public servant by person subject to his jurisdiction

Class A misdemeanor

Offering gift to public servant

Class A misdemeanor\

Perjury

Class A misdemeanor

Aggravated perjury

3d degree felony

False report to peace officer or law enforcement employee

Class B misdemeanor

False report regarding missing child or missing person

Class C misdemeanor

Tampering with or fabricating physical evidence

3d degree felony

Class A misdemeanor

Tampering with governmental record

3d degree felony

2d degree felony

State jail felony

Class A misdemeanor

Class B misdemeanor

Class C misdemeanor

Fraudulent filing or financing statement

3d degree felony

Class A misdemeanor

Impersonating public servant

3d degree felony

False identification as peace officer; misrepresentation of property

Class B misdemeanor

Record of a fraudulent court

3d degree felony

Class A misdemeanor

Failure to identify

Class B misdemeanor

Class A misdemeanor

Class C misdemeanor

Resisting arrest, search, or transportation

3d degree felony

Class A misdemeanor

Evading arrest or detention

2d degree felony

3d degree felony

State jail felony

Class B misdemeanor

Hindering apprehension or prosecution

3d degree felony

Class A misdemeanor

Escape

1^st degree felony

2d degree felony

3d degree felony

Class A misdemeanor

Permitting or facilitating escape

2d degree felony

3d degree felony

Class A misdemeanor

Implements for escape

2d degree felony

3d degree felony

Bail jumping & failure to appear

3d degree felony

Class A misdemeanor

Class C misdemeanor

Improper contact with victim

3d degree felony

Class A misdemeanor

Violation of protective order issued on basis of sexual assault

Class A misdemeanor

Unauthorized absence form community corrections facility, county correctional center, or assignment site

State jail felony

Contraband in correctional facility

Class B misdemeanor

Class C misdemeanor

Barratry & solicitation of professional employment

3d degree felony

Class A misdemeanor

Falsely holding oneself out as a lawyer

3d degree felony

Unauthorized practice of law

3d degree felony

Class A misdemeanor

Hindering proceedings by disorderly conduct

Class A misdemeanor

Taking or attempting to take weapon from peace officer, parole officer, or community supervision & corrections department officer

3d degree felony

State jail felony

Interference with public duties

Class B misdemeanor

Interference with police service animals

Class C misdemeanor

Class B misdemeanor

Class A misdemeanor

3d degree felony

State jail felony

Preventing execution of civil process

Class C misdemeanor

Failure to stop or report aggravated sexual assault or child

Class A misdemeanor

Failure to report felony

Class A misdemeanor

Use of accident report information & other information for pecuniary gain

Class B misdemeanor

Failure to provide notice & report death of resident of institution

Class B misdemeanor

Abuse of official capacity

Class A misdemeanor

Official oppression

Class A misdemeanor

Violations of the civil rights of person in custody; improper sexual activity with person in custody

Class A misdemeanor

State jail felony

Failure to report death of prisoner

Class B misdemeanor

Misuse of official information

3d degree felony

Class C misdemeanor

Disorderly conduct

Class C misdemeanor

Class B misdemeanor

Riot

Class B misdemeanor

Obstructing highway or other passageway

Class B misdemeanor

Disrupting meeting or procession

Class B misdemeanor

False alarm or report

State jail felony

Class A misdemeanor

Silent or abusive calls to 9-1-1 service

Class B misdemeanor

Interference with emergency telephone call

State jail felony

Class A misdemeanor

Harassment

Class A misdemeanor

Class B misdemeanor

Stalking

2d degree felony

3d degree felony
Abuse of corpse

Class A misdemeanor

Cruelty to animals

3d degree felony

State jail felony

Class A misdemeanor

Attack on assistance animal

3d degree felony

State jail felony

Class A misdemeanor

Dog fighting

Class A misdemeanor

State jail felony

Class C misdemeanor

Destruction of flag

Class A misdemeanor

Discharge of firearm in certain municipalities

Class A misdemeanor

Use of laser pointers

Class C misdemeanor

Prostitution

State jail felony

Class A misdemeanor

Class B misdemeanor

Promotion of prostitution

Class A misdemeanor

Aggravated promotion of prostitution

3d degree felony

Compelling prostitution

2d degree felony

Obscene display or distribution

Class C misdemeanor

Obscenity

3d degree felony

State jail felony

Class A misdemeanor

Sale, distribution, or display of harmful material to minor

Class A misdemeanor

3d degree felony

Sexual performance by child

2d degree felony

3d degree felony

Employment harmful to children

Class A misdemeanor

Possession or promotion of child pornography

3d degree felony

2d degree felony

Unlawful carrying weapons

3d degree felony

Class A misdemeanor

Places weapons prohibited

3d degree felony

Unlawful carrying of handgun by license holder

Class A Misdemeanor

3d degree felony

Unlawful possession of firearm

3d degree felony

Class A misdemeanor

Unlawful possession of metal or body armor by felon

3d degree felony

Prohibited weapons

3d degree felony

Class A misdemeanor

Unlawful transfer of certain weapons

Class A misdemeanor

State jail felony

Hoax Bombs

Class A misdemeanor

Components of explosives

3d degree felony

Deadly weapon in penal institution

3d degree felony

Making a firearm accessible to a child

Class A misdemeanor

Class C misdemeanor

Gambling

Class C misdemeanor

Gambling promotion

Class A misdemeanor

Keeping a gambling place

Class A misdemeanor

Communicating gambling information

Class A misdemeanor

Possession of gambling device, equipment or paraphernalia

Class A misdemeanor

Smoking tobacco

Class C misdemeanor

Prohibitions relating to certain cigarettes

Class A misdemeanor

Prohibition of the purchase & sale of human organs

Class A misdemeanor

Public intoxication

Class C misdemeanor

Possession of alcoholic beverage in motor vehicle

Class C misdemeanor

Driving while intoxicated

3d degree felony

Class A misdemeanor

Class B misdemeanor

Driving while intoxicated with child passenger

State jail felony

Flying while intoxicated

3d degree felony

Class A misdemeanor

Class B misdemeanor

Boating while intoxicated

3d degree felony

Class A misdemeanor

Class B misdemeanor

Assembling or operating an amusement ride while intoxicated

3d degree felony

Class A misdemeanor

Class B misdemeanor

Intoxication assault

3d degree felony

Intoxication manslaughter

2d degree felony

Engaging in organized criminal activity

1^st degree felony

3d degree felony

Violation of court order enjoining organized criminal activity

Class A misdemeanor

Soliciting membership in a criminal street gang

2d degree felony

3d degree felony

Unlawful use of practitioner’s federal drug enforcement administration number

Class C misdemeanor

Manufacture or delivery of substance in penalty group 1