Criminal Defense

A Denton DWI Firm Dedicated to defending your rights.

An arrest or even an investigation for an alleged criminal offense can be an incredibly frightening and stressful experience. Many people facing criminal charges immediately wonder what will happen if they are found guilty and what kind of sentences they might receive. Finding the right Criminal Defense Attorney is a must.

It is important to remember that every alleged offender in Texas is presumed innocent and a prosecutor is required to prove that person’s guilt beyond a reasonable doubt in order to convict him or her of a criminal offense. No individual should say anything to authorities about any alleged crime without legal representation.

Criminal Defense Lawyer in Denton, Frisco, Lewisville, Flower Mound, TX

If you were arrested in the greater Denton County area for any kind of alleged criminal offense, it will be in your best interest to contact the Law Offices of Richard C. McConathy as soon as possible. Denton criminal defense lawyer Richard McConathy represents clients charged with driving while intoxicated (DWI) or any one of a number of other alleged crimes.

Contact the Law Offices of Richard C. McConathy today for a consultation about your alleged criminal offense in Denton, Frisco, Lewisville, Flower Mound, and surrounding areas of Denton County, Texas. Our attorneys handle such misdemeanor and felony offenses as:

• Denton County DWI — In Texas, you are legally intoxicated when your blood alcohol concentration (BAC) reaches 0.08 percent. However, you can still be charged with driving while intoxicated (DWI) if drugs or alcohol affect your driving ability, even if your BAC is below 0.08 percent. The penalties for a DWI in Texas depend on the number of previous DWI convictions you have. A first offense is punishable by up to a $2,000 fine, up to 180 days in jail, and loss of a driver’s license for up to one year. A second offense is punishable by up to a $4,000 fine, up to one year in jail, and loss of a driver’s license for up to two years. A third or subsequent offense is punishable by a $10,000 fine, up to 10 years in prison, and loss of a driver’s license for up to two years. It is important to note that these are just the minimum penalties. The actual penalties you face may be more severe, depending on the circumstances of your case. If you have been arrested for DWI, it is important to speak with an attorney as soon as possible. An attorney can help you understand your rights and options and protect your interests in court.

• Traffic Offenses — In Texas, you can be arrested for almost any traffic violation, even if it is minor and does not carry jail time. This is because Texas law gives police wide discretion in making arrests for traffic violations. In fact, the United States Supreme Court has upheld the authority of Texas police officers to arrest people for minor traffic violations. There are only two traffic violations for which you cannot be arrested in Texas: speeding and open container. However, in 2017, the legislature added a third violation to this list: texting while driving. If you are pulled over for texting while driving, the officer must issue you a citation, and they cannot arrest you. If you are issued a citation instead of being arrested, you must sign the citation to avoid arrest. By signing the citation, you are promising the State of Texas that you will appear in court to address the traffic violation. If you do not sign the citation, the officer has the authority to arrest you, but they do not have to. If you are arrested for a traffic violation, you can secure your release by signing the citation. Once you sign the citation, the officer has no reason to detain you. For these reasons, it is usually best to sign a citation issued to you by an officer who alleges that you committed a traffic violation. You can then challenge the citation later in court.

• First Time Arrests — Being arrested for the first time can be a daunting experience. Whether you were misunderstood or made an honest mistake, the whole process can be stressful, confusing, and hurried. Texas is known for its tough stance on crime, so it’s important to contact an experienced criminal defense attorney as soon as possible to protect your rights. If you have been arrested and charged with your first offense in Denton County or the surrounding areas, don’t face the harsh penalties of Texas law alone. Contact an experienced criminal defense lawyer who will fight for your rights and use your first-time status as a mitigating factor in your case.

• Drug / Narcotics Charges — Texas has strict laws around controlled substances and narcotics. The state’s laws are also complicated, and they are explained in the Texas Penal Code and the Texas Controlled Substances Act, Health and Safety Code. If you are found possessing even a small amount of drugs in Texas, you could face criminal charges. The severity of the charges will depend on the type and amount of drugs found on you. Texas drug possession charges can range from a Class C misdemeanor to a first-degree felony. Under Texas drug laws, offenses and punishments for drug possession fall into four groups according to drug classification. These groups are called Penalty Group 1, 2, 3, and 4. Marijuana is in its own group. The charges for drug possession in each penalty group vary. At a minimum, the charge for drug possession in Texas is either a Class B or Class A misdemeanor. It is important to note that these are just the minimum penalties. The actual penalties you face may be more severe, depending on the circumstances of your case. If you have been arrested for drug possession in Texas, it is important to speak with an attorney as soon as possible. An attorney can help you understand your rights and options and protect your interests in court.

• Marijuana Offenses — Recreational use of marijuana is still illegal under Texas and federal law. Section 481.120 of the Texas Health and Safety Code makes intentionally or knowingly delivering marijuana a criminal offense of varying severity based on the amount of marijuana delivered. Section 481.121 of the Texas Health and Safety Code makes the possession of marijuana a criminal offense of varying severity depending on the amount of marijuana possessed. Section 481.122 of the Texas Health and Safety Code makes the knowing delivery of a controlled substance, including marijuana, to a person younger than 18 years of age a felony in the second degree. Texas Penal Code, Chapter 12 outlines the potential penalties for criminal offenses of varying degrees. Section 844 in Title 21 of the U.S. Code sets forth federal penalties for simple possession of a controlled substance, including marijuana. It is important to note that these are just the general laws. The specific penalties you face may vary depending on the circumstances of your case. If you have been arrested for a marijuana-related offense, it is important to speak with an attorney as soon as possible.

• Theft Crimes — Theft crimes in Texas have been consolidated into a single offense called theft. Theft is defined as the “unlawful appropriation of property with the intent to deprive the owner of that property.” This definition may seem simple, but it is important to understand the meaning of each term. Appropriation means taking or using someone else’s property without their permission. Unlawful means that the appropriation is not authorized by law. Deprive means to keep someone from having the use or benefit of their property. Theft can be a misdemeanor or a felony, depending on the value of the property stolen. The 2015 and 2017 legislative sessions made changes to the Texas Theft law, increasing the maximum value of stolen property for each misdemeanor and felony level of theft. The 2017 changes also included a felony enhancement for theft of controlled substances. The punishment for theft in Texas depends on the value of the property stolen and whether the theft is a misdemeanor or a felony. Misdemeanor theft is punishable by up to 1 year in jail and a fine of up to $4,000. Felony theft is punishable by up to 10 years in prison and a fine of up to $10,000. Historically, theft crimes in Texas were separated into different offenses, such as larceny, robbery, and burglary. However, the Texas legislature consolidated these offenses into a single offense called theft in 2015. This change was made to simplify the law and make it easier for prosecutors to charge and convict offenders.

• Property Offenses — Property crime is a broad term that encompasses a wide range of offenses, from burglary and theft to damage and destruction. In 2020, an estimated 6.42 million property crimes occurred in the United States, representing a substantial loss. While the number of property crimes has decreased significantly since 1990, it is rising in some cities across the nation. 2022 may show large increases in property crime over previous years. In Texas, property crime also encompasses some online solicitation and false statement crimes. For example, if you solicit someone online to commit a crime, you could be charged with property crime even if the crime is never actually committed. Similarly, if you make false statements to a police officer in order to avoid being arrested for a property crime, you could also be charged with property crime. It is important to be aware of the different types of property crime, as well as the penalties for these crimes, in order to protect yourself and your property. 

• Crimes of Violence — Violent crimes are serious offenses that involve a direct confrontation between the offender and the victim. These crimes are often charged as felonies and carry substantial punishments, including decades of imprisonment. Some examples of violent crimes include aggravated assault, robbery, sexual assault, and murder. Violent crimes are distinct from property crimes, which are offenses that are committed against property, not people. The penalties for violent crimes vary depending on the severity of the offense and the circumstances of the case. However, violent crimes can often result in long prison sentences, even for first-time offenders. If you have been charged with a violent crime, it is important to speak with an attorney as soon as possible. An attorney can help you understand the charges against you and your legal options. They can also represent you in court and fight to protect your rights.

• Sex Crimes — In Texas, there is no single definition for a sex crime. There are many types of sex offenses with their own definitions, each with its own set of penalties. Some of the most common sex offenses in Texas include rape, sexual assault, indecent exposure, and child sexual abuse. The vast majority of sex offenses are state offenses. However, you can be charged with a federal sex offense in certain circumstances. For example, if the sexual offense involves interstate commerce or the crossing of state lines, or if it occurs on federal property. The penalties for sex offenses vary depending on the severity of the offense and the circumstances of the case. However, sex offenses can often result in long prison sentences, even for first-time offenders. If you have been charged with a sex offense, it is important to speak with an attorney as soon as possible. An attorney can help you understand the charges against you and your legal options. They can also represent you in court and fight to protect your rights.

• Domestic Violence — There is no specific domestic violence statute in Texas. However, family violence or dating violence falls under Texas assault statutes. This means that if you are accused of domestic violence in Texas, you will be charged with assault, but the penalties for assault against a family member, those in a dating relationship, or those in the same household may be more severe. The penalties for domestic violence in Texas vary depending on the severity of the offense and the circumstances of the case. However, domestic violence can often result in jail time, fines, and a restraining order. If you have been convicted of domestic violence in Texas before, you may be subject to additional penalties, such as increased jail time, longer probation, a lifetime restraining order, and a requirement to attend counseling.

• Firearm / Weapon Offenses — Texas is considered a state with fairly loose gun laws, but it is still surprisingly easy to be charged with a crime. The state authorities do not take these offenses lightly, and you could easily end up facing serious felony charges if you are accused of violating many Texas weapon laws. The penalties for violating Texas gun laws vary depending on the severity of the offense. However, even minor violations can result in jail time, fines, and a loss of your gun rights. If you are charged with a gun crime in Texas, it is important to speak with an attorney as soon as possible. An attorney can help you understand the charges against you and your legal options. They can also represent you in court and fight to protect your rights.

• Juvenile Crime — In Texas, a person who is at least 10 years old and under the age of 17 can be charged as a juvenile. This means that they will be tried in juvenile court, rather than adult court. The penalties for juvenile offenses are generally less severe than those for adult offenses. The Texas Penal Code governs both adult and juvenile criminal offenses. However, there are also specific laws that apply to the juvenile justice system. These laws are found in the Juvenile Justice Code, which is part of the Texas Family Code. The Juvenile Justice Code sets forth the procedures for arresting, charging, and trying juveniles. It also sets forth the possible dispositions that can be imposed on juveniles who are found guilty of offenses. In addition to the Juvenile Justice Code, there are other codes that may apply to juvenile cases. These include the Human Resources Code, Health and Safety Code, Government Code, and the Rules of Civil Procedure. The Code of Criminal Procedure also applies to juvenile cases, but only to the extent that it addresses discovery issues. If you are a juvenile who has been charged with a crime, it is important to speak with an attorney as soon as possible. An attorney can help you understand the charges against you and your legal options. They can also represent you in court and fight to protect your rights.

• White Collar Crime — White-collar crimes are nonviolent, financially motivated crimes. They are often committed by people in positions of trust, such as business executives, accountants, and lawyers. White-collar crimes can range from embezzlement to fraud to insider trading. According to the Federal Bureau of Investigation (FBI), white-collar crimes cost the United States an estimated $500 billion each year. This is more than 10 times the amount of losses Americans sustain in personal property crimes annually. The penalties for white-collar crimes vary depending on the seriousness of the allegations. However, they can include fines of up to $5 million, imprisonment for up to 99 years, or both.

• Misdemeanor Charges — In the state of Texas, crimes are typically classified as either a misdemeanor or a felony. Felony offenses are typically more serious, but even misdemeanor offenses carry significant penalties, including jail time and high fines. These offenses still constitute a criminal offense that will be on your record and can cause you significant hardship in your life. The main difference between misdemeanors and felonies is the severity of the offense. Misdemeanors are typically less serious than felonies, and the penalties for misdemeanors are also less severe. However, even misdemeanors can have a significant impact on your life. For example, a misdemeanor conviction can make it difficult to get a job, rent an apartment, or get financial aid. The penalties for misdemeanors vary depending on the severity of the offense. However, misdemeanors can result in jail time of up to 1 year, fines of up to \$4,000, or both. Misdemeanors can also result in probation, community service, and other penalties. If you are facing a misdemeanor charge in Texas, it is critical that you put up a strong defense. A strong defense can help you avoid jail time, fines, and other penalties. It can also help you clear your name and protect your future.

• Felony Charges — Crimes in Texas are typically classified as either a misdemeanor or a felony. Felony offenses are generally considered more serious than misdemeanors and have greater criminal penalties, including longer prison sentences. Felony criminal charges should be handled by an experienced criminal defense attorney who understands how serious these charges can be. If you or a family member is facing felony criminal charges in Texas, contact an Odessa criminal lawyer to understand your rights and fight a criminal conviction.

• Violation of Probation — Probation is a sentence that allows a person to remain in the community instead of going to jail or prison. However, there are strict terms and conditions that must be followed in order to remain on probation. If a person violates the terms of their probation, they can be arrested and face serious consequences, including jail time. Even minor violations can result in serious consequences. For example, if a person on probation tests positive for drugs, they could be sent to jail. If a person fails to report to their probation officer, they could have their probation revoked.

• College Student Arrests — College is a time of great change and growth, and it can be easy to make mistakes. However, a criminal arrest does not mean that your future is over. There are resources available to help you through this difficult time, and you can still achieve your goals. It is important to remember that you are not alone. Many college students face criminal charges, and there are people who can help you get through this difficult time. With the right help, you can still achieve your goals and build a bright future.
• Record Sealing / Expunging — If your criminal case is dismissed or you successfully complete deferred adjudication, you may think that your record is clean. However, this is not always the case. Even if your case is dismissed or you complete deferred adjudication, the records of your case and arrest may still be on your criminal record. These records are considered public information and can be easily discovered through a simple background check or internet search. There are two ways to remove these records from your criminal record: sealing and expungement. Sealing means that the records are still on your record, but they are not accessible to the public. Expungement means that the records are completely removed from your record. In order to seal or expunge your criminal record, you must file a petition with the court. The court will review your petition and decide whether to grant your request. There are a number of factors that the court will consider, including the nature of the offense, the length of time since the offense, and your criminal history. If you are considering sealing or expunging your criminal record, you should speak with an attorney. An attorney can help you understand the process and file the necessary paperwork.

Richard McConathy has been defending people in Texas courts for more than a decade, and Brian Bolton has handled a wide variety of criminal cases on both of sides of the aisle as a former chief prosecutor. Our criminal defense lawyers are admitted to practice in state courts throughout Texas as well as the U.S. District Court Northern District of Texas.

Contact the Law Offices of Richard C. McConathy today for a consultation about your alleged criminal offense in Denton, Frisco, Lewisville, Flower Mound, and surrounding areas of Denton County, Texas. Call (940) 222-8004 or complete an online contact form today to have our attorneys review your case and answer all of your legal questions during a free, confidential consultation.