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 Capital Murder Texas Penal Code § 19.03 - CAPITAL MURDER 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 a lawyer with the experience to handle your case. LEARN MORE Capital Murder Murder Manslaughter Criminally Negligent Homicide Homicide Crimes Capital Murder in San Antonio, Texas Explaining the Different Types of Homicide in Texas In Texas, there are four main types of homicide: murder, capital murder, manslaughter, and criminally negligent homicide. Murder is the unlawful killing of another person with malice aforethought, which means that the person was killed with the intention to cause harm or with reckless disregard for human life. Murder is a first-degree felony in Texas and is punishable by 5 to 99 years in prison. Manslaughter is the unlawful killing of another person without malice aforethought. There are two types of manslaughter in Texas: voluntary manslaughter and involuntary manslaughter. Voluntary manslaughter is when a person intentionally or knowingly causes the death of another person in the heat of passion. Involuntary manslaughter is when a person unintentionally causes the death of another person while committing a crime that is not a felony. Both types of manslaughter are second-degree felonies in Texas and are punishable by 2 to 20 years in prison. Criminal negligent homicide is the unlawful killing of another person through criminal negligence. Criminal negligence is when a person fails to perceive a substantial and unjustifiable risk that their actions will cause the death of another person. Criminal negligent homicide is a state jail felony in Texas and is punishable by 180 days to 2 years in a state jail facility. Capital murder is the most serious type of murder charge in the state of Texas. It is defined as an intentional murder that is committed under certain circumstances, such as: The murder was committed while committing another felony, such as robbery or kidnapping. The victim was a law enforcement officer or fireman who was acting in the course of their duties. The victim was a public servant, such as a judge or prosecutor, who was killed while performing their official duties. The victim was a witness to a crime and was killed to prevent them from testifying. The victim was a person under the age of six years old. The murder was committed for the purpose of avoiding or preventing a lawful arrest, or to escape custody after having been arrested. The murder was committed in a prison or jail. If a person is charged with capital murder, they are not eligible for parole and will either receive a sentence of life in prison without the possibility of parole or the death penalty. The decision of whether to seek the death penalty is made by the prosecutor and is based on numerous factors, such as the severity of the crime and the defendant's criminal history. If a person is charged and convicted of capital murder, they are not eligible for parole and will either receive a sentence of life in prison without the possibility of parole or the death penalty. The decision of whether to seek the death penalty is made by the prosecutor and is based on various factors, such as the severity of the crime and the defendant's criminal history. Defenses to Capital Murder in Texas The insanity defense is a defense to criminal charges in Texas that is based on the idea that the defendant was unable to understand the nature and consequences of their actions at the time the crime was committed. To use the insanity defense, the defendant must present evidence that they were suffering from a severe mental disease or defect at the time of the crime that prevented them from understanding that their actions were wrong. The insanity defense is not often successful in Texas, and it is rarely used in capital murder cases. If the defense is successful, the defendant will not be found guilty of the crime and will be committed to a mental health facility for treatment. If the defense is not successful, the defendant will be found guilty and will be sentenced according to the penalties for the crime they were charged with. In Texas, self-defense is a defense to criminal charges that can be raised by a defendant who claims that they acted in self-defense when they committed a crime. To successfully raise the defense of self-defense, the defendant must show that they reasonably believed that they were in imminent danger of harm, that they did not provoke the confrontation, and that they had no reasonable means of retreat. If the defendant can show all these things, they may be able to avoid criminal liability for their actions. In Texas, the defense of others is a defense to criminal charges that can be raised by a defendant who claims that they acted in defense of someone else. To successfully raise the defense of others, the defendant must show that they reasonably believed that the person they were defending was in imminent danger of harm, that they did not provoke the confrontation, and that they had no reasonable means of retreat. If the defendant can show all these things, they may be able to avoid criminal liability for their actions. 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 Two Phases of a Capital Murder Trial in Texas In Texas, a capital murder trial is divided into two phases: the guilt phase and the punishment phase. During the guilt phase, the prosecution presents its case against the defendant and tries to prove beyond a reasonable doubt that the defendant is guilty of capital murder. The defense may also present evidence and argue that the defendant is not guilty. At the end of the guilt phase, the jury must decide whether the defendant is guilty or not guilty of capital murder. If the jury finds the defendant guilty of capital murder, the trial proceeds to the punishment phase. During the punishment phase, the prosecution and the defense present evidence and argue for or against the imposition of the death penalty. The jury must then decide whether the defendant should be sentenced to death or life in prison without parole. It is important to note that in Texas, a defendant can be convicted of capital murder only if a jury reaches a unanimous verdict of guilt during the guilt phase. If the jury is unable to reach a unanimous verdict, the trial will result in a mistrial and the prosecution may decide to retry the case. "Special Issues" During the Sentencing Phase of Trial In the sentencing phase of a capital murder trial in Texas, the prosecution must present evidence of what are known as "special issues" to the jury to seek the death penalty. These special issues are: whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society; and whether, taking into consideration all the evidence, including the circumstances of the offense, the defendant’s character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment without parole rather than a death sentence be imposed. The prosecution must prove each of these special issues beyond a reasonable doubt to seek the death penalty. If the jury finds that any one of these special issues has been proven, they may impose a sentence of death. If the jury does not find that any of these special issues have been proven, they must impose a sentence of life in prison without the possibility of parole. If the Prosecution alleges in the guilt/innocence phase of trial that the defendant was a party to the murder, there are additional special issues that the jury must consider in the sentencing phase. These issues are: whether the defendant actually caused the death of the deceased; if the defendant didn’t directly kill the deceased but intended to or that he intended to kill another; if the defendant didn’t directly kill the deceased but knew that someone would likely be killed. Sudden Passion Sudden passion is a defense to the charge of murder that does not negate the accused’s guilt but rather reduces the punishment for the offense to that of a second-degree felony. The defense is based on the idea that the defendant acted under the influence of a sudden passion arising from an adequate cause, such as extreme anger or fear. To use the defense of sudden passion, the defendant must show that they were provoked by the victim or by circumstances that would have caused a reasonable person to act impulsively. The provocation must have been sufficient to arouse an intense passion in the defendant, and the defendant must have acted immediately upon the provocation. If the defense of sudden passion is successful, the charge of murder will be reduced to a second-degree felony, which carries a maximum sentence of 20 years in prison. Capital Murder Attorney in San Antonio, Texas If you have been charged with capital murder in San Antonio, Texas, it is crucial that you have an experienced and skilled attorney to represent you. Board Certified Attorney Brad Thornton is a highly qualified lawyer who has the knowledge and expertise to defend you against these serious charges. Mr. Thornton is a board-certified criminal law specialist, which means that he has been recognized by the Texas Board of Legal Specialization as having a high level of expertise in criminal law. In addition to his legal knowledge and experience, Mr. Thornton is also known for his compassion and dedication to his clients. He will work tirelessly to protect your rights and defend you against the charges you are facing. If you are facing a capital murder charge in San Antonio, it is in your best interest to contact Mr. Thornton as soon as possible to discuss your options and begin building your defense. FORMER PROSECUTOR San Antonio Criminal Defense Attorney Brad Thornton has spent years in court rooms 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 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 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 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 Assault Texas Penal Code § 22.01 -ASSAULT BODILY INJURY 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 a lawyer with the experience to handle your case. LEARN MORE Assault Aggravated Assault Deadly Conduct Terroristic Threat Sexual Assault Violent Crimes Assault Criminal Defense Attorney in San Antonio, Texas In Texas, assault is defined as intentionally, knowingly, or recklessly causing bodily injury to another person, threatening another person with imminent bodily injury, or causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.. There are several different ways to commit assault in Texas, including: Assault by Offensive Conduct : This type of assault involves causing physical offensive or provocative contact with another person. Assault by threat : This type of assault involves threatening another person with imminent bodily injury. Assault causing bodily injury : This is the most common form of assault, and it involves causing bodily injury to another person through physical force. Assault of a Peace Officer : This type of assault involves causing bodily injury to a peace officer or judge. Assault of a Public Servant : This type of assault involves causing bodily injury to a public servant such as a firefighter, EMS personnel, or a teacher. Aggravated assault : This type of assault involves causing serious bodily injury to another person or using or exhibiting a deadly weapon during the commission of the assault. Sexual assault : This type of assault involves non-consensual sexual contact or penetration. The offenses of Aggravated Assault and Sexual Assault are covered in detail here: Aggravated Assault Sexual Assault Assault of a Peace Officer and Assault of a Public Servant in Texas In Texas, assault of a public servant is defined as intentionally, knowingly, or recklessly causing bodily injury to a public servant while the public servant is lawfully discharging an official duty, or in retaliation for or on account of the public servant's official duty. A public servant is defined as a person employed by the government, including a firemen, teachers, and EMS personnel. Assault of a peace officer is a specific type of assault of a public servant, and it is defined as intentionally, knowingly, or recklessly causing bodily injury to a peace officer while the peace officer is lawfully discharging an official duty, or in retaliation for or on account of the peace officer's official duty. A peace officer is defined as a person who is commissioned by the state to enforce the laws of the state or the laws of a political subdivision of the state. The main difference between assault of a public servant and assault of a peace officer is the specific type of public servant who is the victim of the assault. Assault of a public servant applies to any type of public servant, while assault of a peace officer applies specifically to law enforcement officers who are commissioned by the state. Definitions: Bodily Injury is defined as physical pain, illness, or any impairment of physical condition. In Texas, the mental states of intentionally, knowingly, and recklessly are used to determine the severity of a crime and the appropriate punishment. These mental states refer to the defendant's state of mind at the time the crime was committed. Intentionally : This mental state means that the defendant acted with the specific purpose of committing the crime. For example, if a person intentionally hits another person with a closed fist, they did so with the purpose of causing bodily injury. Knowingly : This mental state means that the defendant was aware that their actions were likely to result in the commission of a crime. For example, if a person knowingly points a loaded gun at another person, they are aware that their actions could result in serious bodily injury or death. Recklessly : This mental state means that the defendant acted with disregard for the consequences of their actions. For example, if a person drives recklessly at high speeds and causes a car accident, they acted with disregard for the safety of others. In general, crimes committed with the mental state of intentionally or knowingly are more serious than those committed recklessly. The specific mental state of the defendant will be considered when determining the appropriate punishment for a crime. Defenses to Assault in Texas There are several possible defenses to the charge of assault causing serious bodily injury in Texas. These defenses include: Self-defense: Under Texas law, it is a defense to assault charges if the defendant acted in self-defense or in defense of another person. To claim self-defense, the defendant must have reasonably believed that they or another person were in imminent danger of bodily injury or death, and that the use of force was necessary to prevent that harm. Defense of property : It is also a defense to assault charges if the defendant was protecting their own property or the property of another person. To claim defense of property, the defendant must have reasonably believed that the use of force was necessary to protect the property from imminent harm. Lack of intent: If the defendant did not intentionally or knowingly cause serious bodily injury, they may be able to argue that they should not be held responsible for the injury. For example, if a person accidentally causes serious bodily injury while engaging in lawful activity, they may not be guilty of assault. Consent : If the victim of the assault willingly participated in the activity that resulted in the injury, the defendant may be able to argue that the injury was consensual and not the result of an assault. This defense is typically used in cases involving sporting events or other activities where the risk of injury is inherent. Mistake of fact: If the defendant had a reasonable belief that their actions were necessary to prevent harm to themselves or others, they may be able to argue that they made a mistake of fact. For example, if a person mistakenly believes that another person is about to attack them, and they defend themselves with force, they may be able to claim a mistake of fact defense. These defenses are codified in the Texas Penal Code, specifically in sections 9.31-9.33 (self-defense), 9.41 (defense of property), and 8.02 (mistake of fact). 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 Punishment for Assault in Texas In Texas, the level of offense and possible punishment for assault depends on the specific circumstances of the case, including the mental state of the defendant, the use of a deadly weapon, and the severity of the injury. Aggravated Assault : This offense is classified as a second-degree felony, which carries a punishment of 2 to 20 years in prison and a fine of up to $10,000. Assault by contact : This offense is classified as a Class C misdemeanor, which carries a punishment of up to a $500 fine. Assault by threat : This offense is also classified as a Class C misdemeanor, with the same possible punishment as an assault by contact. Assault of a peace officer : This offense is also classified as a second-degree felony, which carries a punishment of 2 to 20 years in prison and a fine of up to $10,000. If the defendant used a deadly weapon during the commission of the assault, the offense is upgraded to a first-degree felony. Assault of a public servant : This offense is also classified as a third-degree felony, which carries a punishment of 2 to 10 years in prison and a fine of up to $10,000. If the defendant used a deadly weapon during the commission of the assault, the offense is upgraded to a first-degree felony. In Texas, class A and B misdemeanor assault cases are typically heard in the county court of the county where the offense occurred. Class C assaults are heard either in the local municipal court of the Justice of the Peace. If the offense is classified as a felony, the case will be heard in the district court. Criminal Defense Attorney Brad Thornton If you have been arrested for assault in San Antonio or South Texas, it is important to speak with an experienced criminal defense attorney as soon as possible. Board-certified criminal defense attorney Brad Thornton is an excellent choice for representation in these cases. As a former chief prosecutor, Mr. Thornton has extensive experience on both sides of the courtroom and is well-versed in the strategies and tactics used by prosecutors in assault cases. He has a deep understanding of the legal system and knows how to effectively defend his clients against assault charges. Mr. Thornton is dedicated to protecting the rights of his clients and ensuring that they receive a fair and just outcome. He offers a free consultation to all clients, which allows you to discuss your case with him and get a better understanding of your legal options. If you have been arrested for assault in San Antonio or South Texas, don't hesitate to call board-certified criminal defense attorney Brad Thornton for a free consultation. With his experience and expertise on your side, you can feel confident that you are receiving the best possible representation. FORMER PROSECUTOR San Antonio Criminal Defense Attorney Brad Thornton has spent years in court rooms 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 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 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 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 Theft of Property Texas Penal Code § 31.03 - THEFT PROP 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 a lawyer with the experience to handle your case. LEARN MORE Theft of Property Robbery & Aggravated Robbery Unauthorized Use of a Motor Vehicle (UUMV) Theft of Metals (Copper etc) Theft Crimes Theft Criminal Defense Attorney in San Antonio, Texas Theft of property is a serious offense in the state of Texas. Theft is defined as intentionally taking someone else’s property without their consent and with the intent to deprive them of its value or use. Theft offenses in Texas are taken very seriously, so it's important for individuals to understand what constitutes an offense, possible defenses against charges, and punishments for committing a theft crime. In order for an individual to be convicted of theft under Texas law, certain elements must be present. These include knowingly depriving another person of property without their permission; acting with the intent to unlawfully take personal or real property; or taking tangible or intangible personal property without the owner's permission. Theft of services, such as cable television, is also considered a theft offense in Texas. Defenses to Theft in Texas Although a theft offense may appear straightforward, there are many possible defenses that one could use to avoid conviction. For example, if the offense was committed in an emergency situation where another individual’s safety or property was at risk, this can be used as a defense. Additionally, mistakes made by law enforcement officers when gathering evidence may be considered grounds for dismissal of charges. Furthermore, if an individual is charged with Theft but believes they had permission from the owner to take the property in question or otherwise did not act with criminal intent, this too could present a possible defense against conviction. Punishments for Theft in Texas The punishments for Theft of Property depend on the value and type of property stolen. Theft is typically charged as a misdemeanor, but those convicted may face jail time up to one year in addition to fines. Theft of property valued at more than $2,500 is considered a felony offense and can carry stiffer penalties such as lengthy prison sentences, high restitution payments and extensive court supervision. Theft of certain items such as firearms or livestock may also be classified as felonies despite their lower value. Theft convictions can also have long-term consequences such as difficulty obtaining employment or housing due to a criminal record. Texas uses what they call the "value ladder" to determine the degree of offense for Theft and other crimes in Texas. The following shows the level of offense based on the value of the loss: Class C Misdemeanor - Under $100 Class B Misdemeanor - $100 or more, but less than $750 Class A Misdemeanor - $750 or more, but les than $2,500 State Jail Felony - $2,500 or more, but less than $30,000 Third-Degree Felony - $30,000 or more, but less than $150,000 Second-Degree Felony - $150,000 or more, but less than $300,000 First-Degree Felony - More than $300,000 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 Theft Attorney Brad Thornton If you have been charged with Theft of Property in Texas, it is important that you retain the services of an experienced criminal defense attorney such as Brad Thornton to ensure your rights and interests are protected. He will investigate the circumstances of your arrest, develop a strong case on your behalf, and work diligently to ensure the best possible outcome for you. Contact him today to learn more about how he can help if you have been charged with Theft in Texas. FORMER PROSECUTOR San Antonio Criminal Defense Attorney Brad Thornton has spent years in court rooms 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 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 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

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.

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.

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.