Criminal Defense Services

Cuccia Wilson’s criminal defense team has a proven track record of winning state and federal criminal cases. When facing criminal charges you have more than just jail time to worry about. We reduce the stress of the process by offering you a free consultation and payment plans. Financial barriers should not stand in the way of you having the best criminal defense available in Texas. Our goal is to get your case dismissed or reduced. As with any legal issue, the details matter. We are committed to performing a thorough and accurate investigation of the criminal charges you’re facing. While working on getting your case dismissed or reduced we also work to have your arrest record, mugshot, and fingerprints removed from public records. We protect your reputation so that you can continue living life without the barriers of a criminal record. 

You are probably feeling unsure about what your criminal charges mean. Whether you were charged with a misdemeanor, felony, DWI, a federal crime, or you’re a parent who has a child facing a juvenile charge Cuccia Wilson's criminal attorneys will clarify the charges and develop an aggressive defense strategy to get you the best possible outcome. We utilize our years of experience and our extensive success record to protect you from the unseen impacts of criminal charges. 

Cuccia Wilson believes in treating all our clients with dignity and respect. Our criminal defense team has an established reputation for conducting a thorough and in-depth analysis of the facts. Through investigation, we develop the best defense to achieve the best results possible. Our criminal defense attorneys are knowledgeable in the law and personally committed to each client. You are not alone when facing criminal charges.

Felonies in Texas fall into five categories: state jail felonies, class I, II, and III, and capital. Which designation of felony someone is charged with depends on several variables. Depending on the circumstances, a person will be charged with the designation in accordance with the severity of the crime committed and the history of the person arrested. This is why expunging your record is extremely important. 

The sentence for state jail felonies ranges from no less than 180 days and no more than two years, with a maximum fine of $10,000.For example, a state felony would be theft of livestock up to $20,000. 

Being charged with a Class I felony can result in a variety of outcomes. Cuccia Wilson’s criminal defense team will work diligently to achieve the best possible outcome for your case. Here are a few things you need to know about what the charge of a class I felony could mean.

The designation of class I or first-degree felonies is reserved for the second most serious crimes in Texas. These charges carry the potential of severe punishment but cannot have the death penalty imposed if convicted. A conviction for a first-degree felony can result in life imprisonment or 5 to 99 years imprisonment, as well as a fine of up to $10,000. For aggravated sexual assault of a child, a 25-year minimum may apply (instead of 5). Other examples of first-degree felonies include child trafficking, aggravated robbery, home invasion, (intent to commit a felony), attempted capital murder, aggravated kidnapping, and aggravated sexual assault. 

If you’ve been charged with a class II felony you may be facing different possibilities than a state jail felony or a class I felony Under Texas law, class II felonies are punishable by 2 to 20 years in prison and a fine of up to $10,000. Manslaughter, assaulting a police officer, and arson are second-degree felonies. Other examples include aggravated assault, sexual assault, manslaughter, and illegal possession of marijuana (50-2,000 lbs). 

A class III felony, while less severe still has the potential of serving time. A charge that is classified as a third-degree felony is punishable by 2 to 10 years imprisonment and a fine of up to $10,000. Crimes such as continuous family violence, evading arrest in a vehicle, stalking, deadly conduct with a firearm, intoxication assault, and possession of a firearm by a felon are examples of third-degree felonies.

In the State of Texas, there are three classifications of misdemeanors. Earache classification carries different punishments that include the potential of jail time, fines, or both if convicted.

Class A misdemeanors are the most serious in the State of Texas and carry the potential of one year in jail and a $4,000 fine. You may be charged with a class A misdemeanor if you are charged with a second offense DWI (Driving While Intoxicated), DWI with BAC >.15, assault causing bodily injury, family violence (also called assault causing bodily injury to a family member), unlawful carrying of a weapon, possession of marijuana (more than 2 ounces, but less than 4 ounces), resisting arrest, domestic violence burglary of a vehicle, unlawful restraint, or violation of a protective order. There are other crimes that carry the classification of class A misdemeanor including online impersonation and perjury. 

The next slightly less severe misdemeanor charge in Texas is the class B misdemeanor. If convicted of a class B misdemeanor a person faces up to 180 days of jail time and a $2,000 fine. If you have been charged with a first-time DWI, reckless driving, prostitution, evading arrest on foot, terroristic threat, indecent exposure, criminal trespass, harassment, criminal mischief, possession of marijuana (less than two ounces), or obstructing a roadway you have been charged with a class B misdemeanors.

The least severe misdemeanor is a class C misdemeanor. This classification of misdemeanor is for fine-only offenses (no jail time possible). The maximum amount that can be fined is $500. However, a class C misdemeanor can still result in a permanent criminal record and should be Examples include public intoxication, minor in possession of alcohol, minor in consumption of alcohol, theft under $50, possession of alcoholic beverage in a motor vehicle, driving under the influence of alcohol by a minor, shoplifting under $50, assault by contact (simple assault), and disorderly conduct offenses.

In the state of Texas, the law provides enhanced penalties for repeat misdemeanor convictions. In some scenarios, the law's general enhancement applies. In other cases, misdemeanors such as assault, theft, and family violence crimes carry enhanced penalties for having a prior conviction that’s similar to or the same as the charge that is presented before the court. The Texas penal code carries enhanced penalties for certain misdemeanors that target a vulnerable or protected individual, target a victim based on bias or prejudice, or if the crime was committed in an area declared a disaster or an evacuated area. An enhanced penalty may increase the offense level or impose a mandatory minimum jail sentence.

There are situations where Texas law provides an even harsher enhancement and a person can face a felony conviction. Some contributing factors are prior convictions, increased level of harm or risk of harm, protected victim status, or any combination of these factors. Other crimes carry similar enhanced felony penalties, such as theft, burglary, and financial exploitation of an elderly adult.

White-collar crime is a term coined in 1939 to describe crimes that occur in a more professional setting. They typically involve the illegal movement of money or digital dollars and are non-violent crimes. If you have been charged with a white-collar crime it’s essential to retain an attorney that has extensive experience defending cases that fall under this classification. Some white-collar crimes may be considered a misdemeanor while others are classified as felonies. The difference lies in the severity of the crime. While a misdemeanor carries less risk of imprisonment, it still has the power to scar your reputation and limit your future opportunities. Some examples of white-collar crimes are tax evasion, corporate fraud, embezzlement, money laundering, and healthcare fraud. If you are being questioned about suspicious money matters in your workplace it is to your advantage to discuss your concerns with the experienced and thoroughly precise legal team at Cuccia Wilson. 

Most people have experienced the feeling of dread that suddenly appears in your gut as a police vehicle’s lights flash in the rearview mirror. Operating a vehicle in Texas is a privilege and requires knowledge of state laws that govern the roads. If you find yourself in violation of one of these laws you are likely charged with a vehicular crime. Vehicular crimes in Texas fall into a few different categories. 

Moving violations like driving over the speed limit, failure to use a turn signal, and running a red light are types of moving violations. These are less serious and result in a monetary fine for the violation. 

 Failure to operate a vehicle safely includes things like driving while intoxicated, reckless driving, or mechanical violations. These violations are much more serious meaning that you did something that made safe driving difficult or impossible and can result in arrest and criminal charges. 

Endangering others is the most serious charge in the category of vehicular crime. Esentially, endangering others means that a person used a vehicle to endanger others whether intentionally or recklessly. This charge can result in felony criminal charges. For example, failure to stop and render aid (or hit and run), vehicular assault/intoxication assault, and DWI with a minor passenger are all within the scope of an endangering others charge. Facing the unknowns of the legal system is an intimidating process that requires legal counsel in order to arrive at the best possible outcome. 

Whether you’ve already been charged with a crime, have been arrested, or are only being questioned— you need a criminal defense attorney! Don’t risk the pain of regret. Call Cuccia Wilson today to schedule your free consultation.