FAQs

Michael J. Rogers, P.C.

  • What is considered an assault in Texas?

    In Texas, assault is defined by the penal code as intentionally, knowingly, or recklessly causing bodily injury to another person, including a spouse. It also includes intentionally or knowingly threatening someone with imminent bodily harm, or causing physical contact that one should reasonably know the other person will find offensive or provocative.
  • What is theft?

    The Texas penal code defines theft as the unlawful appropriation of property with the intent to deprive the owner of that property. This can occur when the appropriation is without the owner's effective consent, when the property is known to be stolen, or when law enforcement has explicitly represented the property as stolen and the actor believes this to be true.
  • What is the difference between a DUI and a DWI?

    In Texas, DUI is a class C misdemeanor that applies only to minors under 21 years of age. DWI, on the other hand, is a more severe class B misdemeanor charge that can be applied to individuals of any age.
  • Is drunk driving a criminal offense?

    Yes, drunk driving is classified as a criminal offense in Texas, as outlined in the Texas Penal Code §4904.
  • Are drug changes serious?

    Drug charges in Texas are indeed serious. The possession of controlled or illegal substances is considered a criminal offense, which can result in fines, imprisonment, or both, depending on the specifics of the case.
  • What is the difference between a misdemeanor and a felony in Texas?

    In Texas, misdemeanors are less severe offenses that typically result in a maximum of one year in county jail. Felonies, being more serious crimes, can lead to state prison sentences ranging from six months to life, depending on the felony degree.
  • Do you offer free consultation?

    Yes, our law firm provides free consultations for potential clients.
  • What types of criminal cases do you handle?

    Our firm handles a diverse range of criminal cases including DWI, drug offenses, assault, theft, domestic violence, white-collar crimes, murder, and juvenile offenses. We also provide assistance with expunctions and orders of nondisclosure.
  • What is an arraignment, and do I need a lawyer for it?

    An arraignment is your initial court appearance following criminal charges. During this proceeding, the judge reads the charges and you enter a plea. Legal representation at this stage is highly recommended, as an attorney can provide guidance on plea options and may begin negotiations with the prosecution.
  • What are the penalties for a misdemeanor drug crime?

    Penalties for misdemeanor drug crimes in Texas vary in severity. Possession of drug paraphernalia is a class C misdemeanor with fines up to $500. Possession of 28 grams or less of a group 3 or 4 substance is a class a misdemeanor, punishable by up to one year in county jail and fines up to $4,000. Marijuana possession under 4 ounces is a misdemeanor, with penalties depending on the amount: up to 2 ounces is a class B misdemeanor with up to six months in jail, while 2-4 ounces is a class A misdemeanor.