AREAS OF PRACTICE

Board Certified San Antonio Criminal Defense Lawyer

As a board certified attorney in criminal law, Mr. Shaeffer’s focus on criminal defense includes significant experience in many areas.   These subject areas include:

·               ALL MISDEMEANORS AND FELONIES

·               DWI AND DUI

·               LICENSE REVOCATION HEARINGS

·               OCCUPATIONAL DRIVER’S LICENSES

·               ASSAULT/AGGRAVATED ASSAULT CASES

·               THEFT/ FRAUD/FORGERY

·               WHITE COLLAR AND FIDUCIARY CRIMES

·               DRUG CASES

·               SEXUAL ASSAULT CASES

·               FAMILY VIOLENCE COURT CASES

·               MOTIONS TO REVOKE PROBATION AND MOTIONS TO ENTER AN ADJUDICATION OF GUILT

·               MOTIONS FOR RECONSIDERATION OF SENTENCING

·               JUVENILE

·               EXPUNCTION AND SEALING OF JUVENILE RECORDS

·               MOTIONS FOR NON-VERIFICATION (ADULT SEALING)

MISDEMEANORS

There are three grades of misdemeanor offenses in Texas.   The lowest level is a Class C offense.  These are of what most refer to as “ticket” cases.   There is no jail time available for these offenses.   Nevertheless, certain of these offenses can lead to a driver’s license suspension.   Therefore, it is critical that you seek representation from an experienced and knowledgeable attorney when deciding what to do with these cases.

The next higher grade of misdemeanor is a Class B offense.   Offenses at this level carry up to a $2,000.00 fine and up in 6 months in jail.  Examples of offenses in this category include possession of marihuana under 2 ounces, criminal trespass on property, and theft involving between $50.00 and $500.00 dollars.  Finally, a Class A offense can carry a fine of up to $4000.00 and up to one year in jail.   Some Class A and B offenses can also lead to the suspension of your driver’s license.

Probation is an option for all these levels of misdemeanors.   Most individuals accused of misdemeanor level offenses will receive probation of some kind.  However, the judge has many sentencing options in regard to conditions of probation, including jail time and various drug and other counseling courses, as well as community service.

FELONIES

A felony charge greatly increases one’s risk of going to prison.   While many individuals will receive probation for a first-time felony offense, not all do.   You should take care in choosing an attorney who understands the law and the courts.

Felonies range from State Jail Felonies, with a possible punishment of 6 months to two years without any good time credit or parole, all the way up to first degree felonies that carry a range of punishment of 5 to 99 years or life in prison and capital offenses in which the death penalty is available or life imprisonment without a chance for parole until one has served 40 actual years in prison.

Probation is an option for almost all felony offenses.  But once again, the judge has great discretion in setting your conditions of probation, including up to 180 days in jail as a condition of probation in some cases.

FEDERAL CASES

Federal charges greatly increase your chances of being sentenced to prison.   Probated sentences are few and far between in federal court.   Federal sentences are still largely driven by a discretionary application of the Federal Sentencing Guidelines.   While the United States Supreme Court has determined that these guidelines are no longer mandatory factors in determining what sentence applies, many courts continue to follow them closely when meting out sentences.   You should take great care in choosing an attorney who understands fully the options available in federal court.