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  • Case Results | Thornton Criminal Defense - San Antonio Criminal Defense Attorney

    Recent Results Thornton Criminal Defense, PLLC Less than .008% of lawyers are Board Certified in Criminal Law. Click below to find out what that means and why hiring a Board Certified attorney is the only was to make sure you are getting an lawyer with the experience to handle your case. LEARN MORE Family Violence Crimes Drug Crimes Violent Crimes Property Crimes Homicide Crimes Theft Crimes Weapons Crimes Fraud and White Collar Crimes Internet and Electronic Crimes Obstruction of Justice Crimes Crimes & Criminal Matters TIME IS WASTING Call NOW for a FREE consultation (210) 439-5627 Case Results The State of Texas v. G.C. Bexar County Unlawfully Carrying a Weapon The client was arrested for bringing a gun into a hospital. We were able to convince the prosecutor to dismiss the case even though the State had the evidence to prosecute. The State of Texas v. R.R. Bexar County Assault Family Violence The client was arrested and charged with Assault Family Violence for a fight that he got into with his wife. After negotiating with the prosecution and showing them the problems with their case, the dismissed the charge. The State of Texas v. G.B Atascosa County Assault Family Violence The client was arrested for Assault Family Violence and Injury to a Child. We were able to keep the Injury to a child case from being filed and the Assault was dismissed and expunged. The State of Texas v. B.D. Medina County Evading Arrest in a Motor Vehicle The client was arrested for evading arrest in a motor vehicle after passing a police officer at a high rate of speed. The chase reached speeds of over 100mph. The State of Texas v. A.I. Bexar County Assault Family Violence - Strangulation The client was arrested for allegedly assaulting her husband. We were able to successfully convince the prosecutor to reject the case and not present it to the grand jury for indictment. The State of Texas v. N.C. Bexar County Indecent Assault The client was charged with Indecent Assault, which is a newly created crime similar to Sexual Assault. Case was dismissed. The State of Texas v. R.M. Bexar County Assault Family Violence The client was arrested for assault family violence. We were able to show the prosecution that the complaining witness was not credible and the police did not properly investigate the client's version of events. The prosecution dismissed the case. The State of Texas v. SC Bexar County DWI 9th Arrest - Habitual Felon The client was charged with his 9th DWI after having served time in prison for DWI twice before. After a hard fight, we were able to plea to a DWI Class B Misdemeanor, with an agreed one year probation and avoiding a minimum sentence of 25 years to life in prison. The State of Texas v. M.M Wilson County Assault - Strangulation The client was charged with choking his wife. Prosecution was set on moving forward with the most serious felony assault. We put together a case to show the inconsistencies in the complaining witness's statement and the problems with the police investigation, securing a dismissal for our client. The State of Texas v. A.C. Bexar County Assault Family Violence The client's future sister in law called the police after an argument between the client and his fiancé. Although the fiancé alleged that she was assaulted, the prosecution dismissed the case after we were able to show that there was not a threat of future violence. The State of Texas v. C.M. Atascosa County Possession of Marijuana The client was stopped and marijuana was found in her car. Case was dismissed after showing prosecution mitigating factors. The State of Texas v. C.A. Atascosa County Assault The client was arrested for allegedly assaulting someone at their place of business. Negotiated a dismissal after completion of anger management. The State of Texas v. D.I. Guadalupe County Felony Motion to Adjudicate Probation The client was arrested on a motion to revoke their probation after failing to repeatedly pay restitution. MTR and case were dismissed. The State of Texas v. E.B. Bexar County Interference with Public Duties The client was involved in a crash after allegedly consuming magic mushrooms. The police alleged she was not cooperative in their investigation and arrested her for Interference with Public Duties and Possession of Mushrooms after a search of her vehicle. We challenged the prosecution and ended up securing a dismissal of the case. The State of Texas v. K.E. Atascosa County Theft > $750 < $2,500 The client was involved in a head on collision with an 18 wheeler and open containers were found in his car. We showed the prosecution the mistakes made by law enforcement and the inaccuracy of the tests they conducted and secured a dismissal for our client. The State of Texas v. C.W. Wilson County Possession of a Controlled Substance PG 2 < 1G The client was charged with possession of THC after being searched by a police office. Case was dismissed after finding legal and procedural issues with the State's method of testing the substance. The State of Texas v. M.L. Wilson County Injury to the Elderly The client was charged with assaulting his employer. Case was dismissed upon showing inconsistencies with the witnesses statements. The State of Texas v. K.E. Atascosa County Driving While Intoxicated The client was involved in a head on collision with an 18 wheeler and open containers were found in his car. We showed the prosecution the mistakes made by law enforcement and the inaccuracy of the tests they conducted and secured a dismissal for our client. The State of Texas v. T.M. Guadalupe County Assault The client was charged with assaulting a co-worker during an argument at work. From the start, we sent the client to an anger management class before her first court date and the prosecutor dismissed the case by showing she was working to address the issue on her own. The State of Texas v. L.D. Travis County Harrasment The client was being charged with harassment. The case was not filed after pointing out issues with the case to law enforcement. The State of Texas v. P.M. Guadalupe County Assault Family Violence The client was arrested for family violence. The case was not filed after showing the prosecutor inconsistent statements made by the alleged victim who was aggressively pursuing prosecution. FORMER CHIEF PROSECUTOR PERSONALIZED ATTENTION TO YOUR CASE NO HOURLY RATES, ALWAYS A FLAT FEE CLIENT CENTERED APPROACH TO YOUR CASE BOARD CERTIFIED IN CRIMINAL LAW OVER A DECADE OF EXPERIENCE IN CRIMINAL LAW WHY HIRE THORNTON CRIMINAL DEFENSE? Attorney Brad Thornton is a highly experienced and Board-Certified criminal defense lawyer. With his background as a former Chief Prosecutor, he has a unique understanding of the criminal justice system and is able to provide comprehensive and effective representation to his clients. He is also deeply committed to ensuring that all individuals receive fair treatment in court, regardless of their background or circumstances. ​ Brad Thornton is dedicated to helping his clients achieve the best possible outcome for their case, whether it is in San Antonio or elsewhere in South Texas. He recognizes the stress and anxiety that can come with being accused of a crime, and approaches his clients with compassion while keeping them informed at every step of the process. His knowledge and experience make him a strong advocate for his clients. LEARN MORE Home Blog FAQ Contact More © 2023 by Thornton Criminal Defense, PLLC. San Antonio Office: 111 Soledad, Suite 401 San Antonio, Texas 78205 ​ Tel: 210-439-5627 Atascosa Office: 216 N Bryant St Pleasanton, Texas 78064 ​ David I. Seguin, Texas Brad was great from the moment he looked at my case. Despite his busy schedule, he made himself easily available, walked us through every detail with care and professionalism, and worked out a great deal with the prosecutor that was much better than any outcome we could have imagined. I don’t plan on needing his assistance again, but if I’m ever unfortunate enough to find myself in another legal bind, Brad will be my first call. Brian F. San Antonio, Texas I have had the opportunity to know Brad both personally and professionally for a while now. As a fellow attorney, I am consistently impressed by his passion and innovative approach to legal issues. He is exceptionally intelligent and is always willing to go above and beyond for his clients. When I refer clients to Brad, I have full confidence that they will receive top-quality representation. Elaine B. San Antonio, Texas Brad is an amazing attorney, and I highly recommend him! He has deep knowledge and understanding how to navigate the law to support his clients. He has a way with people, and truly has his focus on client care and supporting them, during a time that’s usually stressful for clients. He was able to support in getting my case dismissed in less than 2 months and was attentive and personable during the whole process. You have a choice when deciding who’s going to represent you, and to have an attorney that genuinely cares for his clients should be an expectation anyone should set. Brad will meet that expectation 110%! Kevin E. Jourdanton, Texas [Brad] made the process very easy for me, handling everything within a month, with a motion to dismiss all cases against me. I only had to attend court once! The portal he uses to make sure you are aware of everything going on in your case is awesome, I didn’t even have to worry everything got downloaded to the portal with email notifications. I would never use another attorney to represent me, he is the best at what he does. WHAT PEOPLE ARE SAYING

  • Home | Atasocosa, Karnes, and Wilson County Criminal Defense Attorney

    FORMER CHIEF PROSECUTOR PERSONALIZED ATTENTION TO YOUR CASE NO HOURLY RATES, ALWAYS A FLAT FEE CLIENT CENTERED APPROACH TO YOUR CASE BOARD CERTIFIED IN CRIMINAL LAW OVER A DECADE OF EXPERIENCE IN CRIMINAL LAW WHY HIRE THORNTON CRIMINAL DEFENSE? Attorney Brad Thornton is a highly experienced and Board-Certified criminal defense lawyer. With his background as a former Chief Prosecutor, he has a unique understanding of the criminal justice system and is able to provide comprehensive and effective representation to his clients. He is also deeply committed to ensuring that all individuals receive fair treatment in court, regardless of their background or circumstances. ​ Brad Thornton is dedicated to helping his clients achieve the best possible outcome for their case, whether it is in San Antonio or elsewhere in South Texas. He recognizes the stress and anxiety that can come with being accused of a crime, and approaches his clients with compassion while keeping them informed at every step of the process. His knowledge and experience make him a strong advocate for his clients. LEARN MORE THE PROCESS 1 Analyze, Strategize, and Advise The first step is to review your case and the government’s evidence against you. You will then be presented with a legal opinion and an honest, thorough, and educated evaluation of your case, the likely and possible outcomes, and the plan for the best course of action. 2 Negotiations The first goal is always to have the case dismissed. We will gather evidence and any other tools that might help us to convince the State to dismiss your case. If that is not possible, we will discuss potential plea offers and negotiate with the State to get the best deal. 3 Trial If a dismissal or favorable outcome cannot be obtained through negotiation, then it’s time to fight. You and your witnesses will be prepared, and all evidence gathered and analyzed to prepare for trial. With over a decade of experience at winning trials, every available tool will be used to present the best possible defense. These are the next steps in your defense. FREE CONSULTATION Home Blog FAQ Contact More © 2023 by Thornton Criminal Defense, PLLC. San Antonio Office: 111 Soledad, Suite 401 San Antonio, Texas 78205 ​ Tel: 210-439-5627 Atascosa Office: 216 N Bryant St Pleasanton, Texas 78064 ​ David I. Seguin, Texas Brad was great from the moment he looked at my case. Despite his busy schedule, he made himself easily available, walked us through every detail with care and professionalism, and worked out a great deal with the prosecutor that was much better than any outcome we could have imagined. I don’t plan on needing his assistance again, but if I’m ever unfortunate enough to find myself in another legal bind, Brad will be my first call. Brian F. San Antonio, Texas I have had the opportunity to know Brad both personally and professionally for a while now. As a fellow attorney, I am consistently impressed by his passion and innovative approach to legal issues. He is exceptionally intelligent and is always willing to go above and beyond for his clients. When I refer clients to Brad, I have full confidence that they will receive top-quality representation. Elaine B. San Antonio, Texas Brad is an amazing attorney, and I highly recommend him! He has deep knowledge and understanding how to navigate the law to support his clients. He has a way with people, and truly has his focus on client care and supporting them, during a time that’s usually stressful for clients. He was able to support in getting my case dismissed in less than 2 months and was attentive and personable during the whole process. You have a choice when deciding who’s going to represent you, and to have an attorney that genuinely cares for his clients should be an expectation anyone should set. Brad will meet that expectation 110%! Kevin E. Jourdanton, Texas [Brad] made the process very easy for me, handling everything within a month, with a motion to dismiss all cases against me. I only had to attend court once! The portal he uses to make sure you are aware of everything going on in your case is awesome, I didn’t even have to worry everything got downloaded to the portal with email notifications. I would never use another attorney to represent me, he is the best at what he does. WHAT PEOPLE ARE SAYING Serving the 81st Judicial District Atascosa, Wilson, and Karnes County DWI & Criminal Defense Attorney Board-Certified Former Prosecutor Vehicular Crimes Trial Attorney Board-Certified in Criminal Law The decision of which lawyer to hire is crucial when you have been charged with a crime. Your future, freedom, and even your life could be at risk. Many lawyers make claims about their experience and various organizations sell badges to be displayed on websites such as "top" or "super." To become Board-Certified, applicants must be approved by a minimum of ten judges and other lawyers, have a certain number of years in practice, a certain number of trials and appeals in criminal law, and pass a comprehensive day-long test. Board Certification is the only credential recognized by the State Bar Association that ensures the lawyer is an expert in their field and the best choice for your trust. Learn More From our office in Pleasanton, Texas, we serve clients throughout Atascosa County , Frio County , Wilson County , and Karnes County including Pearsall, Jourdanton , Karnes City, Floresville , Poteet, La Vernia, Sutherland Springs, Stockdale, Poth, Kenedy, and Falls City. Phone 210-439-5627 Atascosa Office By Appointment Only 216 N Bryant St, Pleasanton, Texas 78064 ​ Business Hours Mon - Fri: 8am - 6pm Sat: 8am - 12pm Sun: Closed

  • Internet and Electronic Crimes

    Home Blog FAQ Contact More © 2023 by Thornton Criminal Defense, PLLC. San Antonio Office: 111 Soledad, Suite 401 San Antonio, Texas 78205 ​ Tel: 210-439-5627 Atascosa Office: 216 N Bryant St Pleasanton, Texas 78064 ​ FORMER CHIEF PROSECUTOR PERSONALIZED ATTENTION TO YOUR CASE NO HOURLY RATES, ALWAYS A FLAT FEE CLIENT CENTERED APPROACH TO YOUR CASE BOARD CERTIFIED IN CRIMINAL LAW OVER A DECADE OF EXPERIENCE IN CRIMINAL LAW WHY HIRE THORNTON CRIMINAL DEFENSE? Attorney Brad Thornton is a highly experienced and Board-Certified criminal defense lawyer. With his background as a former Chief Prosecutor, he has a unique understanding of the criminal justice system and is able to provide comprehensive and effective representation to his clients. He is also deeply committed to ensuring that all individuals receive fair treatment in court, regardless of their background or circumstances. ​ Brad Thornton is dedicated to helping his clients achieve the best possible outcome for their case, whether it is in San Antonio or elsewhere in South Texas. He recognizes the stress and anxiety that can come with being accused of a crime, and approaches his clients with compassion while keeping them informed at every step of the process. His knowledge and experience make him a strong advocate for his clients. LEARN MORE Internet and Electronic Crimes San Antonio Online Solicitation Attorney Less than .008% of lawyers are Board Certified in Criminal Law. Click below to find out what that means and why hiring a Board Certified attorney is the only was to make sure you are getting an lawyer with the experience to handle your case. LEARN MORE Online Solicitation of a Minor Possession of Child Pornography Online Impersonation Internet and Electronic Crimes Overview of Internet Crimes in Texas Attorney Brad Thornton of San Antonio is a highly experienced criminal defense attorney who provides comprehensive legal representation for those accused of internet crimes in Texas, including charges such as Online Solicitation of a Minor, Possession of Child Pornography, and Online Impersonation. Attorney Thornton understands the difficulty and stress that comes with these charge, so he takes great care to ensure his clients’ best interests are preserved throughout all aspects of the case. Attorney Thornton will carefully analyze your individual situation, explain the applicable laws and their potential implications, discuss available defenses and options, and create a strategic plan tailored to your needs. Attorney Thornton fights hard to vigorously protect his client’s rights at each stage of the process. Type of Internet Crimes in Texas Online Solicitation of a Minor Online solicitation of a minor occurs when someone 17 years old or older communicates in a sexually explicit manner with someone under 17 through electronic means such as text messages, emails, chat rooms and social media platforms. In Texas, this is a third degree felony. Possession of Child Pornography Possession of Child Pornography happens when an individual knowingly or intentionally possesses visual material depicting a minor engaged in sexual conduct. The level of offense depends on many factors but can range from a third to first degree felony. Online Impersonation Online Impersonation takes place when one person uses another person's name or persona to create a web page, email account, or fake social media profile for the purpose of harming that person. If you have been accused of any of these crimes Attorney Thornton is here to provide the experienced legal defense you need. He will work hard to develop an effective strategy on your behalf and ensure your rights are fully protected throughout the entire process. Defenses to Internet Crimes in Texas Texas law enforcement takes internet crimes very seriously, and those who are accused of breaking the law can face serious penalties if found guilty. However, defendants may have certain legal defenses available to them that could help mitigate their sentence or exonerate them completely from the charges. Here are some of the more common legal defenses used in Texas for internet crime cases involving Online Solicitation of a Minor, Possession of Child Pornography, and Online Impersonation: Online Solicitation of a Minor In most online solicitation cases, the prosecution must prove that the defendant had a specific intent to commit an illegal act. This means they must demonstrate beyond reasonable doubt that the defendant was fully aware they were engaging in criminal activity. The defense may be able to refute this by showing the accused was not actually trying to solicit a minor, but instead was engaged in a consensual activity or simply joking around. Possession of Child Pornography In these cases, the prosecution must prove that the defendant knowingly possessed illegal material involving minors. However, defendants may have an alibi defense available if they did not have access to the computer/device where child pornography was found or if someone else had access and could have downloaded it without their knowledge. The defense could also argue that the images were for legitimate artistic purposes or for educational research. Online Impersonation The defense may be able to argue that the person being impersonated gave consent or condoned it as harmless fun. Additionally, the impersonator may be able to show that they intended no harm to the victim and were not trying to defame, threaten or blackmail them. The defense could also argue that the conduct does not meet the legal definition of online impersonation in Texas. In order for these defenses to be successful, defendants must have an experienced and knowledgeable attorney who can present their case in a compelling manner. If you are facing charges related to internet crimes in Texas, it is important that you speak with an experienced attorney who can understand your situation and ensure your rights are protected. FORMER PROSECUTOR San Antonio Criminal Defense Attorney Brad Thornton has spent years in court room fighting for justice. As a prosecutor, Brad was a leader on cases ranging from marijuana to murder from arrest to appeal. Who better to fight for your rights than someone who knows the "other side" and has tried the toughest of cases out there. Put his experience and knowledge to work for you. FREE CONSULTATION Punishment Ranges Level of Offense Potential Incarceration Potential Fine First-degree Felony Second-degree Felony Third-degree Felony State Jail Felony Class A Misdemeanor Class B Misdemeanor 2 - 10 years in prison 180 days - 2 years in jail Up to 1 year in jail Up to 180 days in jail 2 - 20 years in prison 5 - 99 years in prison Up to $10,000 Up to $10,000 Up to $10,000 Up to $10,000 Up to $4,000 Up to $2,000 Family Violence Crimes Drug Crimes Violent Crimes Property Crimes Homicide Crimes Theft Crimes Weapons Crimes Fraud and White Collar Crimes Obstruction of Justice Crimes Crimes & Criminal Matters David I. Seguin, Texas Brad was great from the moment he looked at my case. Despite his busy schedule, he made himself easily available, walked us through every detail with care and professionalism, and worked out a great deal with the prosecutor that was much better than any outcome we could have imagined. I don’t plan on needing his assistance again, but if I’m ever unfortunate enough to find myself in another legal bind, Brad will be my first call. Brian F. San Antonio, Texas I have had the opportunity to know Brad both personally and professionally for a while now. As a fellow attorney, I am consistently impressed by his passion and innovative approach to legal issues. He is exceptionally intelligent and is always willing to go above and beyond for his clients. When I refer clients to Brad, I have full confidence that they will receive top-quality representation. Elaine B. San Antonio, Texas Brad is an amazing attorney, and I highly recommend him! He has deep knowledge and understanding how to navigate the law to support his clients. He has a way with people, and truly has his focus on client care and supporting them, during a time that’s usually stressful for clients. He was able to support in getting my case dismissed in less than 2 months and was attentive and personable during the whole process. You have a choice when deciding who’s going to represent you, and to have an attorney that genuinely cares for his clients should be an expectation anyone should set. Brad will meet that expectation 110%! Kevin E. Jourdanton, Texas [Brad] made the process very easy for me, handling everything within a month, with a motion to dismiss all cases against me. I only had to attend court once! The portal he uses to make sure you are aware of everything going on in your case is awesome, I didn’t even have to worry everything got downloaded to the portal with email notifications. I would never use another attorney to represent me, he is the best at what he does. WHAT PEOPLE ARE SAYING

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Blog Posts (56)

  • San Antonio Criminal Defense Attorney: What You Need to Know When Charged with Criminal Mischief.

    Being charged with criminal mischief in Texas can be a distressing experience, as it is when facing charges for any crime. This offense alleges intentional damage or destruction of another person's property without their consent. Understanding the intricacies of criminal mischief under Texas Penal Code 28.03 is crucial when facing such charges. In this comprehensive blog post, we will explore the elements of the crime, the common ways it is committed, the potential punishments based on the value of the loss and livestock provisions, the possible defenses, and the importance of seeking expert legal guidance. Criminal Mischief Attorney in San Antonio, Texas Criminal mischief, as defined in the Texas Penal Code 28.03, refers to intentionally or knowingly damaging or destroying tangible property belonging to another person, without their consent. The elements necessary to prove this offense include: Intentionally or knowingly causing damage or destruction: The prosecution must demonstrate that you acted deliberately or with knowledge of the potential consequences, resulting in harm to someone else's property. Tangible property: Criminal mischief applies to physical assets, including vehicles, buildings, equipment, fences, and more. Belonging to another: The property damaged or destroyed must be owned by someone other than yourself. Common Ways Criminal Mischief is Committed Criminal mischief can be committed in various ways, some of which include: Vandalism: Defacing public or private property by graffiti, carving, or other means. Property destruction: Damaging or destroying someone's property, such as breaking windows or slashing tires. Damage to public infrastructure: Tampering with public utilities, bridges, roads, or other essential infrastructure elements. Interference with agricultural operations: Intentionally damaging agricultural equipment and fencing, crops, livestock, or agricultural equipment, causing financial loss to farmers or ranchers. Possible Punishments for Criminal Mischief in San Antonio The penalties for criminal mischief in Texas depend on the value of the loss or damage caused. Here's an overview: Class C Misdemeanor: When the loss or damage is valued at less than $100, you may face a fine of up to $500. Class B Misdemeanor: If the loss or damage is valued at $100 or more but less than $750, the potential penalties include a fine of up to $2,000 and/or a jail term of up to 180 days. Class A Misdemeanor: When the loss or damage amounts to $750 or more but less than $2,500, you could face a fine of up to $4,000 and/or up to one year in jail. State Jail Felony: When the loss or damage amounts to $2,500 but less than $30,000, you could face between 6 months and 2 years in State Jail or a fine up to $10,000. Third-Degree Felony: When the loss or damage amounts to $30,000 or more but less than $150,000, you could face a fine of up to $10,000 between two to 10 years in prison. Second-Degree Felony: When the loss or damage amounts to $150,000 or more but less than $300,000, you could face a fine of up to $10,000 between two to 20 years in prison. First-Degree Felony: When the loss or damage amounts to $300,000 or more, you could face a fine of up to $10,000 between five to 99 years in prison or life. It's important to note that if the offense involves livestock, including horses, cattle, swine, sheep, or goats, the penalties may be enhanced. Damaging livestock can result in higher fines, longer prison sentences, or both, depending on the circumstances. Possible Defenses for Criminal Mischief in San Antonio When charged with criminal mischief, you have several potential defenses available to challenge the accusations. Some common defenses include: Lack of intent or knowledge: If you can demonstrate that you had no intention to damage or destroy the property, or that you were unaware of the potential consequences, it may weaken the prosecution's case. Consent: If the owner of the property gave you permission to engage in the alleged activities, it could be a valid defense. Mistaken identity: If there is doubt regarding your involvement in the offense, presenting evidence that proves you were not the person responsible can be an effective defense strategy. Criminal Mischief Attorney in San Antonio Facing charges of criminal mischief in Texas can have serious consequences, potentially impacting your personal and professional life. As an experienced DWI attorney in Bexar County, Texas, I have dedicated my legal practice to defending individuals accused of criminal offenses. With my Board Certification in Criminal Law and my background as a former chief prosecutor, I possess the knowledge and expertise needed to navigate the complexities of your case. If you find yourself charged with criminal mischief, it's crucial to seek legal counsel to protect your rights and build a strong defense. I offer free consultations, during which we can discuss the specifics of your case and determine the best course of action. Don't face this challenging situation alone—contact my office today at 210-439-5627 to schedule your consultation and ensure you have a knowledgeable advocate by your side.

  • San Antonio DWI Attorney: What You Need to Know if Charged with DWI over .15 BAC in San Antonio.

    Being charged with a DWI (Driving While Intoxicated) can be a daunting experience. It’s important to understand the elements of such a charge, the testing methods used by police to determine BAC, the potential punishments, available defenses, and the importance of hiring an experienced attorney. As a leading DWI attorney in Bexar County and the surrounding areas, I am here to guide you through this complex process. If you are charged with a DWI in Texas, there are several ways that the charge can be enhanced. There are enhancements for a second or third offense, having a child in the car, and having a blood alcohol concentration over .15%. This article will focus on the possible charges and consequences if you are arrested for a first DWI, but the police seek an enhancement because your BAC was over .15%. When charged with DWI with a BAC over .15, the prosecution must prove certain elements beyond a reasonable doubt. These elements include: Operation of a Motor Vehicle: The prosecution must demonstrate that the defendant operated a motor vehicle while under the influence of alcohol or drugs. Intoxication Level: Normally, in order to prove that someone was driving while intoxicated in Texas, the state can prove the defendant's alcohol concentration level exceeded the legal limit of 0.08% at the time of the offense or by showing that the defendant has lost the normal use of his mental or physical faculties due to drugs, alcohol, or literally any other substance. Although this is still true, to get the enhancement in this case, the state must show that the defendant’s alcohol concentration level exceeded 0.15% at the time of testing. Testing Methods Law enforcement officers employ various methods to determine a driver's BAC. These commonly include: Intoxilyzer Tests: Once you are arrested for DWI, the police can escort you to a location where breath testing can be conducted by an intoxilzer. This is not the same as the breath test that may have been conducted on the side of the road, as portable testing is not admissible in court. Blood Tests: Instead of a breath test, the officer can ask for a blood test. If the defendant refuses, he can seek a warrant and have the blood drawn against his or her will. Once complete, the sample is analyzed in a laboratory to determine the alcohol concentration accurately. Possible Punishments If convicted of DWI with a BAC over .15, you will be facing the possible punishments provided for a Class A Misdemeanor. These punishments include: Fines: You may be required to pay a fine of up to $4,000.00. License Suspension: Your driving privileges may be suspended, limiting your ability to commute to work or handle daily responsibilities. Probation: The court may impose probation, which typically includes regular reporting, mandatory counseling, and possible ignition interlock device installation. Jail Time: In some cases, incarceration is possible, with a possible range of up to one year in county jail. Possible Defenses A skilled DWI attorney can employ various defenses to challenge the charges against you. Some potential defenses for a DWI with a BAC over .15 may include: Challenging the Accuracy of Testing: Questioning the reliability and accuracy of the testing methods used to determine your BAC. Constitutional Violations: If law enforcement violated your constitutional rights during the traffic stop or arrest, evidence may be suppressed. Inadequate Probable Cause: If the officer lacked sufficient reason to stop or arrest you, the charges may be dismissed. Field Sobriety Test Accuracy: Arguing that factors unrelated to alcohol impairment influenced your performance on field sobriety tests. San Antonio DWI Attorney Brad Thornton Facing a DWI charge with a BAC over .15 can have serious consequences, but you don't have to navigate this challenging situation alone. As an experienced DWI attorney in Bexar County, Texas, I am dedicated to providing exceptional legal representation for individuals charged with DWI with a BAC over .15. Throughout my career, I have garnered valuable experience and expertise, making me the ideal advocate to handle your case. As a Board-Certified Criminal Law specialist, a former chief prosecutor, and a former prosecutor on the DWI Taskforce, I possess an in-depth understanding of the intricacies involved in DWI cases. My extensive experience trying DWI cases allows me to craft effective strategies tailored to your unique situation. By choosing me as your DWI attorney, you gain access to a wealth of knowledge and a track record of success. Here's why hiring an attorney with my qualifications is essential: Board Certification in Criminal Law: Obtaining board certification demonstrates a high level of skill, experience, and dedication. It is a rigorous process that ensures an attorney's proficiency in their chosen practice area. My board certification in criminal law is a testament to my expertise and commitment to providing top-notch legal representation. Former Prosecutor on the DWI Task Force: Serving as a prosecutor on the DWI Task Force has provided me with invaluable insights into the strategies and tactics employed by the prosecution. This insider perspective enables me to anticipate their moves, identify weaknesses in their case, and mount a strong defense on your behalf. Substantial Experience Trying DWI Cases: With years of experience handling DWI cases, I have developed a deep understanding of the complexities involved in these matters. I am well-versed in the applicable laws, regulations, and legal precedents that can significantly impact the outcome of your case. I leverage this experience to build persuasive arguments and aggressively advocate for your rights in and out of the courtroom. In conclusion, if you are charged with DWI with a BAC over .15 in Bexar County, Texas, it is crucial to have a skilled and knowledgeable attorney by your side. San Antonio DWI Attorney Brad Thornton offers free consultations to discuss the specifics of your case and develop a comprehensive defense strategy. With board certification, former DWI Task Force experience, and an extensive track record, he is committed to fighting for your rights and securing the best possible outcome. Contact our office at 210-439-5627 to schedule your free consultation today. Remember, you don't have to face this challenging situation alone.

  • San Antonio DWI Attorney: What You Need to Know if Charged with DWI with a Child in San Antonio.

    Facing a charge of driving while intoxicated (DWI) is a serious matter, but when the charge involves having a child in the vehicle, the stakes are raised even higher. In San Antonio, Texas, the legal system takes these cases very seriously, as they involve the safety and well-being of a child. If you find yourself in such a situation, it is crucial to understand the elements of a DWI charge with a child, the potential consequences, possible defenses, and the importance of seeking professional legal guidance. When charged with DWI with a child in Texas, it's important to note that there is only one charge, regardless of the number of children present in the vehicle. Under Texas law, a person can be charged with a DWI with a child if they are operating a motor vehicle in a public place while intoxicated and there is a child under the age of 15 years old in the vehicle. Intoxication refers to having a blood alcohol concentration (BAC) of 0.08% or higher or being impaired by drugs or alcohol to the extent that normal use of physical or mental faculties is impaired. Although the age of a “Child” is defined differently depending on the crime, in the context of DWI with a child, Texas defines a child as an individual under the age of 15 years old. If you have a child under the age of 15 in the vehicle at the time of your arrest, this enhancement will apply. Possible Punishments: Being convicted of DWI with a child in San Antonio can result in severe consequences. The penalties are enhanced compared to a standard DWI charge, reflecting the increased concern for the safety and welfare of the child. If found guilty, you may face: Incarceration: DWI with a child carries possible jail time from 6 months to 2 years in State Jail. The specific duration depends on the circumstances of the case. However, in certain cases, the court may allow probation instead of jail time. Fines and Fees: The fine for DWI with a Child can be up to $10,000.00. Additionally, court costs, probation fees, and other associated expenses may apply. License Suspension: A DWI with a child can lead to a license suspension ranging from 180 days to two years. The ability to obtain an occupational license to drive for essential purposes may be available under certain circumstances. Ignition Interlock Device (IID): If placed on probation, the court must order the installation of an IID, which requires the driver to pass a breathalyzer test before starting the vehicle. Possible Defenses for DWI with a Child in Texas When charged with DWI with a child, it is crucial to explore potential defenses to protect your rights. Some common defenses in these cases may include challenging the validity of the traffic stop or arrest, disputing the accuracy of field sobriety tests or chemical tests, questioning the legality of the search, or presenting evidence of a medical condition that may have affected your performance on the tests. An experienced DWI attorney can analyze the specific details of your case and help determine the most effective defense strategy. Possible Administrative License Revocation (ALR) Suspensions or DWI with a Child in Texas In addition to criminal penalties, individuals charged with DWI with a child may face administrative penalties related to their driver's license. The Texas Department of Public Safety (DPS) may initiate an Administrative License Revocation (ALR) process, which could result in a suspension of your driving privileges. It is essential to act promptly to request an ALR hearing within 15 days of receiving notice to contest the suspension. San Antonio DWI with a Child Attorney Brad Thornton When facing a DWI charge with a child in San Antonio, it is crucial to navigate the legal process with the guidance of an experienced attorney who specializes in DWI cases. Brad Thornton, a Board-Certified Criminal Law attorney, former chief prosecutor, and former prosecutor on the DWI Task Force, brings a wealth of knowledge and expertise to the table. With substantial experience in trying DWI cases, Brad Thornton is well-equipped to handle the complexities of your situation. Hiring an attorney who is board-certified in criminal law ensures that you are working with a legal professional who has demonstrated exceptional competence and expertise in this specific area of law. Brad Thornton's certification is a testament to his dedication to excellence, ensuring that he stays updated with the latest developments and strategies in defending DWI cases. Furthermore, Brad Thornton's experience as a former prosecutor on the DWI Task Force provides him with valuable insights into how the prosecution builds their cases. He understands the tactics and strategies employed by the opposing side, allowing him to anticipate their moves and craft a strong defense on your behalf. With Brad Thornton's substantial experience trying DWI cases, he has honed his skills in the courtroom, mastering the art of effective advocacy. He will thoroughly analyze the evidence, challenge the prosecution's case, and fight aggressively to protect your rights and achieve the best possible outcome. Remember, time is of the essence in DWI cases. Contact Brad Thornton today to schedule a free consultation and discuss the details of your case. His comprehensive understanding of DWI laws and his commitment to providing top-notch legal representation will give you the peace of mind and confidence you need during this challenging time. Trust Brad Thornton to be your ally, guiding you through the legal process and fighting relentlessly on your behalf.

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FORMER CHIEF PROSECUTOR

PERSONALIZED ATTENTION TO YOUR CASE

NO HOURLY RATES, ALWAYS A FLAT FEE

CLIENT CENTERED APPROACH TO YOUR CASE

BOARD CERTIFIED IN CRIMINAL LAW 

OVER A DECADE OF EXPERIENCE IN CRIMINAL LAW

WHY HIRE THORNTON CRIMINAL DEFENSE?

Attorney Brad Thornton is a highly experienced and Board-Certified criminal defense lawyer. With his background as a former Chief Prosecutor, he has a unique understanding of the criminal justice system and is able to provide comprehensive and effective representation to his clients. He is also deeply committed to ensuring that all individuals receive fair treatment in court, regardless of their background or circumstances.

Brad Thornton is dedicated to helping his clients achieve the best possible outcome for their case, whether it is in San Antonio or elsewhere in South Texas. He recognizes the stress and anxiety that can come with being accused of a crime, and approaches his clients with compassion while keeping them informed at every step of the process. His knowledge and experience make him a strong advocate for his clients.

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© 2023 by Thornton Criminal Defense, PLLC. 

Atascosa County Criminal Defense Attorney

San Antonio Office:

111 Soledad, Suite 401

San Antonio, Texas 78205

Tel: 210-439-5627

Atascosa Office:

216 N Bryant St

Pleasanton, Texas 78064

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