The consequences of a felony conviction are simply put – you will forever be labeled a convicted felon. To break that down further, it is likely that meaningful employment will be difficult thereby affecting a persons’ ability to provide for themselves and their family. It may be difficult to rent or own a home.
Additionally – any future act may be enhanced. In other words, the law provides stiffer punishment ranges for repeat offenders and habitual offenders. For example – a habitual offender would face 25 to life for a first, second, or third degree felony with two prior felony convictions. For more information on enhancements, please contact our team at once.
Affirmative Findings –
Aggravate Charges –
Assault Bodily Injury – A Class A Misdemeanor is defined basically as, a person intentionally, knowingly, or recklessly causes bodily injury to another (including the person’s spouse).
NOTE: This charge may be enhanced to a Third Degree Felony in circumstances where it is against a public servant, security officer, emergency services personnel, a family member (where previously convicted), and certain other circumstances.
Assault Family Violence – Also, a Class A Misdemeanor and defined as above the primary difference is that this charge carries with it an affirmative finding of family violence.
Why is it so important to fight this charge? Even if deferred adjudication probation is taken, any subsequent assault against a member of the family will result in a Third Degree Felony charge. An assault with an affirmative finding of family violence is not available for non-disclosure and will always be on your record.
Who is considered a family member?
AGGRAVATED ASSAULT – Basically this charge is an assault (as above) where the person who commits the assault either causes Serious Bodily Injury to another, or uses or exhibits a Deadly Weapon during the assault.
SEXUAL ASSAULT – Typically a Second Degree Felony. If you have been charged with sexual assault, please contact our office immediately to set up a free consultation.
AGGRAVATED SEXUAL ASSAULT – Typically a First Degree Felony with certain minimums depending on the age of the victim. If you have been charged with aggravated sexual assault, please contact our office immediately to set up a free consultation.
THEFT – depending on the amount of pecuniary loss carries with it a punishment range from a Class C Misdemeanor up to a First Degree Felony. The most typical theft cases are those between $50.00 and $499.00 a Class B Misdemeanor and $500.00 to $1,499.00 a Class A Misdemeanor.
Felony punishment ranges for theft are broken down into the following categories:
Theft of service is also broken down into pecuniary loss amounts with the primary difference being a Class B Misdemeanor starts at $20.00 to $499.00, with the other categories above being the same.
Please Note: Theft is a Crime Involving Moral Turpitude.
Available if a persons’ case was dismissed (after the statute of limitations has run), upon acquittal and if the offense was pardoned.
A Petition for expunction asks the government to destroy any and all records related to the offense. Filed in civil court, and after being heard by that court the judge will rule on the petition. If the order is granted, the court orders the government to destroy any and all records relating to the offense.
The effect of this is that a person can legally deny the arrest and offense ever happened*.
* With the exception of the Federal Government, and some other instances where disclosure may be required (e.g. where specifically asked on an application for a license or employment have you ever had an expunction). Also, an expunction may need to be disclosed in IMMIGRATION proceedings as that deals directly with the federal government.
Available after the successful completion of a Deferred Adjudication Probation. Note: Some offenses require a 2 year waiting period, and all felony offenses require a 5 year waiting period, and some offenses like Assault Family Violence cannot be non-disclosed.
A Petition for non-disclosure asks the government to seal (or remove from public view) any and all records related to the offense. Filed in criminal court, and after being heard by the court the judge will rule on the petition. If the order is granted, the court orders the government to seal any and all records related to the offense.
The effect of this is that, while a person CANNOT legally say they have never been arrested or that the offense never happened, it will not be available to the public should another party run a background check*. For example, a future employer likely will not see those records.
* It is important to note: A non-disclosure does not prevent private entities from gathering and maintaining this information and releasing it. For example, in a theft charge where the person allegedly stole from ABC Co. – that company is not prohibited from disseminating that information.