Why You Need An Attorney For A Wobbler Offense In Texas
There are many unique areas of criminal law, and one of these are offenses that are referred to as wobbler offenses. Basically these are crimes that have the potential to be charged as either misdemeanors or felonies, depending on the details and circumstances surrounding the case.
If you ever find yourself facing a wobbler offense, it is crucial to connect with a skilled Houston criminal lawyer. A legal professional can explain to you why your situation is a wobbler offense and what factors will be analyzed by the prosecution to make their final classification determination.
Understanding Wobbler Offenses and Compiling a Defense
In Texas, a wobbler offense refers to a criminal offense that, depending on the prosecutor’s discretion and the specific details of the case, could result in either a misdemeanor or a felony charge. Often what classification will apply is connected to the severity of the offense, the defendant’s criminal history, and if there are any aggravating or mitigating circumstances.
Examples of Texas wobbler offenses:
- A Texas assault act is typically charged as a misdemeanor, but if there is severe bodily harm, the offense can be elevated to a felony.
- If a person enters a habitation with the intent to commit a felony, the burglary can be charged as a felony offense. Yet when a building is not a habitation, it may be charged as a misdemeanor.
- Drug Possession. Certain drug possession offenses in Texas are considered wobblers. For example, controlled substance possession can be charged as a felony or a misdemeanor based on the quantity of the drug and the intent for personal use or distribution.
When facing a wobbler offense, an experienced criminal defense attorney can play a pivotal role in protecting your rights and advocating for the most favorable outcome.
Case Assessment and Investigation
Lawyers can evaluate witness statements, scrutinize police procedures, and identify any weaknesses in the prosecution’s case. This process allows them to construct a strong defense strategy tailored to your particular circumstances.
After all of the documentation has been analyzed, if your attorney believes the evidence is substantial, they may advise a negotiation with the prosecution. Through this process, a plea bargain that reduces the charges or minimizes the potential penalties could be in reach.
Facing a wobbler offense in Texas can have significant legal consequences as well as impact an individual’s personal and professional life. It is crucial to understand the nuances of these offenses and the potential for both misdemeanor and felony charges. Bring all of your questions and concerns to a lawyer who has represented past clients through wobbler offenses. A veteran Houston criminal lawyer can guide you through the process.
Could a wobbler offense lead to you being charged with a misdemeanor or a felony? When you secure the services of a knowledgeable criminal defense attorney, you are ensuring that your rights are protected. To connect with the best possible defense, speak to the legal team at Ayson Law Firm. Contact us today for a free consultation.
