Criminal Law

Practice Area: Criminal Law

Criminal Defense Attorney in the Rio Grande Valley

Misdemeanor and felony defense in state and federal court, with 24/7 help for jail release and bond reductions. Attorney Arturo A.J. Garcia defends clients in the Hidalgo County courts in Edinburg, in municipal courts across McAllen, Pharr, Alamo, and the surrounding cities, and in the McAllen Division of the U.S. District Court. From a first-time DWI to a serious felony, you get a local attorney who knows these courtrooms and will fight for the best possible outcome. Se habla español.

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Criminal Law in a Nutshell

Understanding Criminal Charges in Texas

A crime is committed when a defendant commits an offense against the State or the Federal government. In Texas, an offense is classified as either a misdemeanor or a felony. Misdemeanors are less severe offenses and felonies are more severe offenses. The minimum and maximum punishment ranges differ depending on the category of crime charged.

A judge cannot sentence a defendant to more than the maximum punishment allowed under the law, and cannot sentence a defendant to less than the minimum. Once you are charged with a crime, it is important to know which category the offense falls into so you understand the minimum and maximum time it carries.

Where Your Case Will Be Heard

Most criminal cases in the Rio Grande Valley start with a city police department or the Hidalgo County Sheriff’s Office and move to the Hidalgo County Courthouse in Edinburg. Class C misdemeanors such as traffic tickets and minor citations are handled in municipal and justice of the peace courts. Class A and B misdemeanors, including first-offense DWI, possession of marijuana, and simple assault, go to the Hidalgo County Courts at Law. Felonies are heard in the Hidalgo County District Courts. Federal charges, including many drug trafficking, firearm, and immigration-related cases in the Valley, are prosecuted in the McAllen Division of the United States District Court for the Southern District of Texas. Each court has its own judges, prosecutors, and procedures, and knowing them makes a real difference in how a case is handled.

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Know What You Are Facing

Categories of Crimes in Texas

Every offense in Texas falls into a class of misdemeanor or a degree of felony. Select a category to see the punishment range and common examples.

Misdemeanors

Punishment: A fine only, not to exceed $500.

Examples: Traffic citations, public intoxication, disorderly conduct.

Punishment: Up to 180 days in county jail and/or a fine not to exceed $2,000.

Examples: Possession of marijuana (less than 2 ounces), DWI (first offense), theft ($100 to less than $750).

Punishment: Up to 365 days in county jail and/or a fine not to exceed $4,000.

Examples: Possession of marijuana (2 ounces to less than 4 ounces), DWI (second offense), burglary of a vehicle.

Felonies

Punishment: 180 days to 2 years in a state jail facility and/or a fine not to exceed $10,000.

Examples: Possession of a controlled substance (less than 1 gram), DWI with a child passenger, interfering with child custody.

Punishment: 2 to 10 years in prison and/or a fine not to exceed $10,000.

Examples: Possession of a controlled substance (1 gram to less than 4 grams), DWI (third offense), bail jumping on a felony arrest.

Punishment: 2 to 20 years in prison and/or a fine not to exceed $10,000.

Examples: Robbery, intoxication manslaughter and manslaughter, possession of marijuana (50 pounds to less than 2,000 pounds).

Punishment: 5 to 99 years in prison and/or a fine not to exceed $10,000.

Examples: Murder, aggravated robbery, aggravated sexual assault.

Punishment: Death, if the State seeks the death penalty; life in prison without the possibility of parole; or life in prison if the offense was committed before the defendant’s 18th birthday.

Examples: Murder combined with certain other crimes, murder of a public safety officer, murder of a person under 10 years old.

Our Approach

How We Fight for You

The Law Office of AJ Garcia works to resolve misdemeanor and felony criminal law issues. We do not limit ourselves in our professional skills, so we can bring superior knowledge and legal services to every client. You should not have to limit your expectations or wonder whether the attorney you hire will protect your rights, explain the issues to you, or simply call you back.

No attorney can guarantee the outcome of a case, but we can guarantee that we are prepared to take whatever steps are necessary to fight for your rights.

Every case begins with a thorough review of the arrest. We examine whether the stop was lawful, whether any search was properly conducted, whether statements were taken in violation of your rights, and whether the evidence actually supports the charge. Weak points in the State’s case become leverage, whether that leads to a dismissal, a reduction to a lesser offense, a pretrial diversion program that keeps a conviction off your record, or a not guilty verdict at trial. We prepare every case as if it will go to trial, because prosecutors offer their best deals to attorneys they know are willing to try the case.

At the Law Office of AJ Garcia, we:

  • Strategize and consider every avenue to obtain the best results for our clients
  • Consistently inform our clients of their options and the possible outcomes
  • Explain the risks and benefits of going to trial
  • Make sure our clients’ rights remain protected

We will zealously fight for your rights:

  • Public defenders do not have the same resources we bring to your case
  • You have the right to an aggressive and fair defense, and we will defend it
  • No case is too far to travel to. We will be where your case is.
Criminal Defense Services

Criminal Cases We Handle

From traffic-related offenses to serious felony charges, we defend clients across Hidalgo, Cameron and Starr Counties and throughout Texas.

We also help with expunctions and orders of nondisclosure to clear or seal old records, probation violations, and bond conditions. If you do not see your charge listed, call us. If it is a criminal matter in South Texas, we can likely help.

  • Arson
  • Assault / Battery
  • Bail Jumping and Failure to Appear
  • Bribery
  • Child Abandonment
  • Child Abuse
  • Child Pornography
  • Conspiracy
  • Credit / Debit Card Fraud
  • Criminal Contempt of Court
  • Criminal Trespass
  • Cyber Bullying
  • Disorderly Conduct
  • Disturbing the Peace
  • Domestic Violence
  • Drug Trafficking / Distribution
  • DUI / DWI
  • Embezzlement
  • Evading Arrest in a Vehicle
  • Forgery
  • Fraud
  • Harassment
  • Homicide
  • Juvenile Law
  • Identity Theft
  • Kidnapping
  • Manslaughter
  • Murder
  • Possession of a Controlled Substance
  • Possession of Marijuana
  • Probation Violation
  • Public Intoxication
  • Rape
  • Robbery
  • Sexual Assault
  • Shoplifting
  • Solicitation
  • Stalking
  • Statutory Rape
  • Tax Evasion
  • Theft
  • Trafficking
  • Unlawful Restraint
  • Vandalism
  • Violation of Protective Order
  • White Collar Crimes
Frequently Asked Questions

Common Questions About Criminal Charges in the RGV

These are the questions we hear most often from clients and families in Hidalgo County. Every case is different, so call us for answers about your specific situation.

Do I need a lawyer for a misdemeanor?

Yes. A misdemeanor conviction in Texas can mean jail time, fines, a permanent criminal record, and consequences for your job, your driver’s license, and your immigration status. Many misdemeanors can be dismissed, reduced, or resolved through diversion programs when handled early by an attorney.

What is the difference between a public defender and a private attorney?

Public defenders are capable lawyers, but they carry very heavy caseloads. A private attorney has the time and resources to investigate your case, hire experts when needed, and give your defense the attention it deserves. You also choose who represents you.

Can a criminal charge be removed from my record?

In some cases, yes. If your case was dismissed, you were acquitted, or you completed certain diversion programs, you may qualify for an expunction, which erases the record. Other cases may qualify for an order of nondisclosure, which seals the record from most employers and the public. We can review your history and tell you what is possible.

How much does a criminal defense attorney cost in the RGV?

It depends on the charge, the court, and how complex the case is. We explain fees clearly before you hire us, and we offer payment arrangements in many cases. Call for a confidential consultation.

What should I do if police want to question me?

Politely say that you want to speak with an attorney and stop talking. You have the right to remain silent and the right to counsel. Use both. Then call us before you say anything else.

Do you handle federal cases?

Yes. We defend clients in the McAllen Division of the Southern District of Texas, including drug, firearm, and immigration-related federal charges.

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Charged With a Crime? Call Us Today.

The sooner you have an attorney, the better we can protect your rights. Consultations by appointment, 24/7 jail release calls, se habla español.

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(956) 601-0247