Misdemeanors vs. Felonies, What is the Difference?

Overwhelming. It is likely the first emotion you feel after an arrest. You may also feel confused and scared about the charges against you. Jesse Hernandez, a San Antonio criminal defense attorney can evaluate your charges and help guide you through the legal process. Being informed of your charges and consequences is the first step into designing your defense strategy.

Misdemeanors and Potential Penalties

A misdemeanor is a crime that has a maximum of one year prison time. Each state defines misdemeanors differently, and there are different classifications within the misdemeanors charges. Class A misdemeanors are the most serious kind of misdemeanor and typical examples of those are listed below:

  • Assault
  • Some DUI/DWI
  • Conspiracy
  • Some cases of Domestic Violence
  • Burglary
  • Resisting arrest
  • Possession of a controlled substance
  • Property theft over $1,000
  • Making a false report
  • Unlawful possession of a weapon
  • Violating a restraining order

Every case is different, however, misdemeanor charges often result in a fine of $500 to $5,000, a maximum of one year in prison, rehabilitation or community service. A San Antonio criminal defense attorney can explain your charges and potential penalties you may be facing.

Felonies and Potential Penalties

Offenses that require more than a year of incarceration are usually classified as felonies and usually result in time in federal prison. Often felonies are crimes of violence but other examples are listed below:

  • Murder
  • Rape
  • Arson
  • Sale of illegal drugs
  • Grand theft
  • Kidnapping

Felonies have the most severe punishments and can range from significant jail time, to in some cases in certain states, the death penalty.

Navigating your Legal Battle

The line can be fairly thin when determining a misdemeanor versus a felony so it is important to communicate all facts accurately to your San Antonio criminal defense attorney. Jesse Hernandez can evaluate your case for free. Contact the Law Offices of Jesse Hernandez today.

FAQs About Assault Cases

The best way to prepare yourself when facing assault allegations is to be informed of the facts. Knowing your rights and misconceptions about assault cases can help you navigate your legal case and by contacting a sexual assault defense lawyer in San Antonio TX, you can be informed and supported in your legal battle.  

What Can Be Defined As Assault?

Assault takes many forms and the wide classification of assault makes it a confusing legal matter to understand. Typical classifications of assault are: simple assault, aggravated assault and sexual assault. Even If you are defending yourself in a fight, you can be charged with assault, however, police often take self-defense into consideration. When dealing with sexual assault, this includes not only rape, but also solicitation and prostitution. A sexual assault defense lawyer in San Antonio Texas can help you understand your specific charges.

What to Do If You Are Falsely accused of Sexual Assault?

Sexual assault crimes are a very high profile and inflammatory topic. It can be devastating to your reputation and career if you are falsely accused and sadly, there has been a rise of false allegations related to sexual assault. The accusations tend to be associated with a breakup, divorce or child custody case, but can stem from a variety of issues. To help protect your reputation and life from false allegations, contact a Sexual Assault Defense Lawyer in San Antonio Tx.

What Are the Consequences of an Assault Conviction?   

While every assault case is handled differently, common consequences can include rehabilitation or recovery programs, probation, or in some cases imprisonment.

 

Contact us today to discuss your case help protect your future.  

What to Expect if you are Charged With a DWI

Being convicted of a DWI can be a very scary moment in anyone’s life and it is important to understand the next steps in the legal process so you are able to move forward prepared. There is a lot of information to take in immediately after your arrest and it is best to take time to read about your upcoming legal process. Contacting DWI lawyers in San Antonio Texas will help you connect with professionals who are able to help you.

What Fees Should I Anticipate?

While fees can vary from case to case, a DWI can be a costly event in life. Initially there are penalties and fines associated with your driving offense in addition to legal and court fees. Some fees and costs that many people do not anticipate are increases in car insurance, the cost of an ignition interlock device, and education and alcohol and drug recovery programs. Knowing the cost of your legal battles will prevent any surprises down the road. DWI Lawyers In San Antonio Texas can help you understand the full scope of fees you may face.

What Legal Consequences Should I Expect?

Each conviction is surrounded by many different circumstances and DWI lawyers in San Antonio Texas can help you understand your specific case. A DWI almost always results in the revocation or suspension of your license, but it can also result in imprisonment.

What Happens Next?

After addressing the initial consequences of your conviction, you may see extra car insurance costs for 3 to 5 years after your conviction or additional charges to keep your driver’s license filed with the state. It is recommended that you continue alcohol and drug treatment to improve your life and prevent any future mistakes.

Contact us today to discuss the next steps in your DWI conviction.

Statute of Limitations & Your Personal Injury Case

Being unfamiliar with the law when it comes to a personal injury case can make the process even more difficult and stressful. This is where our personal injury lawyer in San Antonio, TX comes into play. In Texas, there are certain laws that you have to follow when it comes to filing for your personal injury case. This is called the statute of limitations, and they vary depending on the type of case that you are planning on filing. As soon as the deadline to file your case has passed, you no longer have the right to sue the negligent party and the court will completely dismiss your case.

Two-Year Limit

In the state of Texas, it is typical for most personal injury lawsuits have a statute of limitations up to two years from the date of the injury. Failing to file your lawsuit within the two years will also result in your loss of the right to receive compensation in the future.

Hiring a Personal Injury Lawyer in San Antonio, TX

Don’t let your opportunity to file a personal injury case pass you by. As soon as you experience a personal injury, contact our team at Jesse Hernandez Law to help analyze and apply personal injury laws, calculate your damages and hire necessary expert witnesses.

Please contact our team today if you have suffered from a life-changing personal injury. We have years of experience to help successfully represent you and your case. Plus, we even provide free case evaluations!

Signs You Need to Hire a Personal Injury Lawyer

You may not think that you need to hire a San Antonio personal injury lawyer, but in reality, hiring a lawyer can make all of the difference in the outcome of the situation. Even the simplest of tasks such as driving a car, motorcycle or truck can result in life-altering personal injuries. There’s no doubt that this is a stressful and overwhelming time in your life. Rather than going through this alone, you can rely on our team at Jesse Hernandez Law to navigate this case for you.

Here are some signs that you can benefit from our help.

You Have Serious Injuries

You may not know what constitutes a serious injury. If you have to go to the hospital to receive emergency treatment due to your accident, this is considered a serious injury. Other examples of a serious injury include visiting a doctor more than one time because of your injury, struggling from long-term disability, or the fact that you will need treatment for the rest of your life. If you aren’t sure what constitutes a serious injury, feel free to contact us directly.

You Need Expert Witnesses

Witnesses can make or break the outcome of your personal injury case. For example, if you are a victim of a medical malpractice case, you’ll want to have a medical expert witness to help testify for your case.

You Have Evidence

Of course, evidence plays a major role in your personal injury case. Hard evidence such as witness statements, a defective product, photos or videos will help support your case.

Don’t sit back and allow yourself to be the victim of a personal injury case. Contact our San Antonio personal injury lawyer in your time of need.

FAQs About Personal Injury

Our San Antonio personal injury lawyers understand the ins and outs of personal injury cases. However, it is common for individuals to not understand personal injury cases until they are in one themselves. There are also many misconceptions that surround personal injury cases. Our team at the Law Office of Jesse Hernandez can help answer your questions and clear up confusion about personal injury cases.
What Happens After an Accident?
If you find yourself in a personal injury accident, it is important that you take photos of your injuries and any other significant aspects of the accident. You should also visit a doctor if need be. Write down a narrative of what happened while it is still fresh in your head and make a list of witnesses with their contact information. Our San Antonio personal injury lawyer can ensure you have all of the necessary documents before filing.
What If I’m Partially at Fault?
It can be intimidating to file a personal injury claim if you were partially at fault. The jury will help decide how fault is split amongst people in the case. As long as you are not responsible for majority of the blame, you may still be entitled to compensation.
How Long do Cases Take?
The answer to this question is dependent on the specifics of your case. Some cases may take as little as a few weeks while other cases may take over a year. If your case is more complicated, it may take more time to settle.

The Law Office of Jesse Hernandez is ready to help you navigate your personal injury case. Contact us today for a free case evaluation from our San Antonio personal injury lawyer.

Safe Driving Tips for Truck Drivers

Driving a truck is much different from driving a standard vehicle, and it takes some getting used to. In fact, Time magazine ranked truck driving number 8 on the 2014 list of the “10 Most Dangerous Jobs.” Not only can it be dangerous to the truck driver, but to other vehicles on the road as well. To avoid truck accidents in San Antonio, TX, keep these tips in mind.

Check Your Blind Spots

Truck drivers have especially large blind spots compared to other cars. If you’re a truck driver, make sure to give other cars time to get out of your way after you put your blinker on. There are “no zones” that are where most crashes are to happen. These zones are located right behind the side mirror, right behind the truck and to the side right in front of the cab.

Watch Your Speed

It’s important to reduce your speed both in work zones as well as when you are turning. You may even find yourself needing to go slower than the speed limit at times just to make sure you account for the dimension of your truck. You should especially reduce your speed when you are getting off of the freeway.

Watch for Bad Weather

Did you know that bad weather causes roughly one-fourth of all speeding-related truck accidents? When the roads are wet, make sure you cut down your speed by at least one-third.

If you find yourself in a truck accident in San Antonio, TX, make sure to contact the Law Office of Jesse Hernandez.

3 Common Personal Injury Cases

From slip-and-fall accidents to dog bites to medical malpractice, there is a wide variety of personal injury cases from which you can suffer. Personal injury cases revolve around an injured plaintiff seeking compensation due to the negligence of another party. However, it is important to note that just because you were injured does not mean you are automatically entitled to compensation. The following are three common personal injury cases that are best handled by a professional like our San Antonio personal injury lawyer.

Medical Malpractice

Relying on the medical world to properly take care of yourself or a loved one can be intimidating. If you feel a doctor or another health care professional has not provided reasonable care, resulting in an injury or even death, you may be entitled to compensation.

Slip and Fall Cases

Our San Antonio personal injury lawyer often deals with slip and fall cases. Property owners are responsible for keeping the premises of their land safe so that those who are on their property do not become injured. Slip and fall lawsuits depend on the premises liability laws in place, something that our team can help you navigate.

Assault or Battery

Assault and battery are examples of intentional harm completed by a party with intent. Assault and battery cases add another facet to the case: criminality. This results in additional charges against the guilty party.

Have you or a loved one recently suffered from a personal injury? Don’t hesitate to call the Law Office of Jesse Hernandez to explore your legal options.

Signs You Need a Car Accident Lawyer in San Antonio, Texas

Car accidents happen more often than they should. Factors like poor weather conditions, distracted drivers, inherent car problems, drunk driving, speeding and reckless driving all play a part in causing car accidents every year. If you have recently been in a car accident, you might benefit from hiring a car accident lawyer in San Antonio, Texas. If any of the following circumstances apply to you, please call our team at the Law Office of Jesse Hernandez!

You Are Seriously Injured

Car accidents can be extremely damaging and even fatal. Whenever someone gets seriously injured in a car accident, it is always best to consult a lawyer to see if you are eligible for the compensation that you deserve. The sooner you reach out to our team after an accident, the better.

You Need to Collect Evidence

Collecting evidence regarding your car accident is a crucial step in proving liability and ultimately achieving a positive outcome for your case. Jesse Hernandez is one of the top car accident lawyers in San Antonio, Texas and he can help you navigate this sometimes-difficult process. Keep in mind that some types of evidence can only be obtained by an attorney.

You Haven’t Received a Settlement Offer

If your insurance company hasn’t yet offered you a settlement witch which you are happy, this is a clear sign that you should turn to a professional. Our team can help you negotiate your settlement and help you achieve the ideal end result.

When in doubt, seek professional help after a car accident. Buckle up and drive safely on the roads!