Houston Felony Crimes Defense Lawyer


Felony Probation in Harris County

Criminal Defense

If you find yourself charged with a Felony in Harris County you are facing the possibility of prison time. You will have to make a decision with the advice of your Houston Criminal Defense Attorney on whether you would like to have a jury trial or if you would like to come to a plea bargain with the state.

If you choose the route of a plea bargain it is likely that you would like to have probation rather than go to prison. What is commonly called probation is Community Supervision. You would  likely prefer Deferred Adjudication as it does not result in a final conviction and leaves the possibility of sealing the record from the public.

Whether you end up getting Deferred Adjudication or a straight Probation(found guilty) it is likely that the court will require that you submit to an evaluation called an LSI-R. Some courts will allow you to submit to the LSI-R to determine if you want probation. Other courts will require that you plea guilty, have the LSI-R and then return to court for the sentence. 

The LSI-R will recommend conditions of probation. These conditions could include programs that require that you remain in jail for a period of probation. For example, if the recommendation is the New Choices drug rehabilitation program, you will remain in jail from 6 months to a year and then continue with your probation when you are discharged from New Choices.

The LSI-R (which stands for Level of Service Inventory-Revised)  is a risk assessment evaluation that contains questions about the defendant with the goal of determining whether the defendant will re offend. The questions are broken down different  categories which include criminal history, educations/employment, financial situation, family/marital relationships, accommodation, leisure and recreation, companions, alcohol or drug use. emotional/mental health and attitudes and orientations.

A probation officer will ask the defendant a list of questions in the aforementioned categories and assign points to each answer and tally a total score. The score will be categorized into a risk level of either high, medium or low. If the risk is rated as high it is likely that the recommendation will be stricter probation conditions that may require that you participate in rehabilitation while incarcerated.

If you find yourself in this situation you will need an Criminal Lawyer in Houston to guide you through the process that understands the LSI-R. Call Houston Criminal Defense Lawyer Mario Madrid at 713-877-9400.

Houston Man Charged With Capital Murder Arrested At Boot Camp

Criminal Defense

A Houston man who had enlisted in the Navy was arrested while at boot camp in the Chicago area and charged with the 2010 death of a Houston woman. The man was charged with Capital Murder.

The man was wanted in the death of the woman, who was pregnant at the time of her death, after she refused to abort their unborn child according to this story in the Houston Chronicle. The complaint states the man knew the woman was pregnant at the time of her death and DNA testing determined he appears to be the unborn child’s father. It is alleged that the man murdered more than one person during the same criminal transaction. The woman as well as her unborn child are the persons named  in order to elevate the murders to Capital Murder.

The State can charge an accused with Capital Murder under a number of different circumstances. Texas Penal Code Section 19.03 listed below, outlines the ways:

(a)  A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:
(1)  the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;
                (2)  the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6);
(3)  the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration;
(4)  the person commits the murder while escaping or attempting to escape from a penal institution;
(5)  the person, while incarcerated in a penal institution, murders another:
(A)  who is employed in the operation of the penal institution; or
(B)  with the intent to establish, maintain, or participate in a combination or in the profits of a combination;
(6)  the person:
(A)  while incarcerated for an offense under this section or Section 19.02, murders another; or
(B)  while serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03, murders another;
(7)  the person murders more than one person:
(A)  during the same criminal transaction; or
(B)  during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct; or
(8)  the person murders an individual under six years of age.
(b)  An offense under this section is a capital felony.
(c)  If the jury or, when authorized by law, the judge does
not find beyond a reasonable doubt that the defendant is guilty of an offense under this section, he may be convicted of murder or of any other lesser included offense.

If you are someone you know is in need of a Houston Criminal Defense Attorney, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

Houston Man Charged With Injury To A Child After Giving Daughter A Gun

Injury to A Child

A Houston man allegedly beat his daughter  and gave her a gun and knife and told her to kill herself according to the Houston Chronicle. The girl is 11 years old.

According to the complaint, the girl said Galvan hit her in the stomach, legs and buttocks with a belt. She also said he punched her in her right arm. She told investigators he handed her a black gun, which she thought was loaded, along with a knife that he told her to use if she really wanted to commit suicide.

Criminal Suspect

The man was charged with Endangering a Child and Injury to a Child which are both felony offenses.

The case has garnered a lot of attention in the local media due to the alleged cruelty by the father of giving his daughter deadly weapons to kill herself. However, the charges are far from the most serious of felony offenses.

Endanger a Child is  State Jail Felony and carries a punishment range of 180 days to 2 years in the State Jail. Injury to a Child is an offense that can be charged under different felony levels depending on the injury to the victim and the intent of the defendant.

In the present case the state has charged the man with a Third Degree Felony of Injury to a Child which would require the state to prove the man intentionally and knowingly caused bodily injury. A Third Degree Felony carries a range of punishment of 2-10 years in the Texas Department of Corrections.

If you or someone you know is the need of a Houston Criminal Defense Attorney call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

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