When you are accused of a crime, it can be hard to know what to do next. Your life is already turned upside down, and your trial has not even started yet. What do you do? As the accused, you have certain rights protected by the U.S. Constitution’s Sixth Amendment. No one expects to have to go through a criminal trial. You should have someone by your side, ensuring your rights are being protected.
A Lancaster criminal defense lawyer can help you navigate this scary and overwhelming process. The Law Offices of Randall B. Isenberg can make sure your rights are being protected each step of the way. Call us today at (214) 696-9253 to get started.
Rights of the Accused
The Sixth Amendment of the U.S. Constitution affords anyone accused of a crime to a quick public trial by a jury composed of unbiased individuals in the state and district the crime allegedly occurred. The Sixth Amendment also provides the accused:
- To know the crimes charged against him or her
- To question the witnesses to the crime
- To present witnesses on his or her defense
- To retain legal representation
The Texas Constitution also includes all these defendants’ rights.
Speedy and Public Trial
The accused has the right to a speedy and public trial. A speedy trial prevents the defendant from facing lengthy incarceration before trial. It also helps prevent the loss of witnesses as well. A public trial holds our government accountable.
A trial by an impartial jury is a fundamental right that also holds the government accountable. The fate of one person should not be decided by a single person in the government. While many of us hate jury duty, it is a vital part of our government. An impartial jury ensures the accused has a fair trial.
Informed of the Accusation
The accused has a right to know what crime they are accused of committing. To give themselves a chance to mount a fair defense, the accused must know what charges they face. They must be informed in a way that they understand.
Confronted with the Witnesses
The accused has the right to be at their trial. They also have a right to confront any witnesses against them in the trial. For example, the defense has the right to cross-examine any witness for the prosecution.
Obtain Favorable Witnesses
The accused has the right to obtain witnesses in their favor. They can have people speak on their behalf to support them. To defend themselves, the accused can bring in witnesses on their behalf. However, each trial is different. Some witnesses cannot be at trial, and the court will not allow some witnesses to testify at trial.
Assistance of Counsel
The assistance of counsel is a right of the accused. The accused has a right to have someone by their side to defend them. The average person does not have extensive knowledge of the law. The accused has the right to legal assistance to understand what is happening at their trial.
Charges You Could Be Facing
Depending on what you are accused of committing, you could be facing several different charges. A Lancaster criminal defense lawyer can help you understand what each charge means. Our team at the Law Offices of Randall B. Isenberg will stand by your side and work to get your charges dismissed or reduced if possible. Call our team today at (214) 696-9253 to discuss your possible options.
According to the Texas Politics Project at the University of Texas, you could face the following types of charges.
Class C Misdemeanor
A Class C misdemeanor can include property theft of less than $20 or assault without injury. The punishment is a $500 fine.
Class B Misdemeanor
A Class B misdemeanor includes thefts that involve between $20 and $500 worth of property, driving while intoxicated, and making terroristic threats. You could serve up to 180 days and pay a $2,000 fine.
Class A Misdemeanor
This includes theft of property between $500 and $1,500 and stalking without harming anyone. You could serve up to a year in jail and face a $4,000 fine.
State Jail Felony
A state jail felony is charged when property theft is valued from $1,500 to $20,000. It can also include credit card or debit card abuse. You could serve a minimum of 180 days and up to two years in jail. You could also pay up to a $10,000 fine.
A third-degree felony is the theft of property valued at $20,000 to $100,000. Other crimes that fall in this category include a drive-by shooting without any injury. If you are charged with a third-degree felony, you could serve anywhere from two to 10 years in prison. In addition, you could have to pay a $10,000 fine.
A second-degree felony involves the theft of property valued between $100,000 and $200,000. It could also be aggravated assault or reckless injury to a child. You could be facing up to 20 years in prison and a $10,000 fine.
A first-degree felony is the theft of property of $200,000 or more. Aggravated sexual assault, robbery, and attempted murder are other examples of first-degree felonies. If you are charged with a first-degree felony, you could serve up to life in prison and pay a $10,000 fine.
Capital murder, as defined by Texas Penal Code §19.03, is the only crime classified as a capital felony in Texas. Punishment for a capital felony is execution.
How We Can Help
Attorney Randy Isenberg previously served as a former Senior Chief Felony Prosecutor and State District Trial Judge. He has over 30 years of experience prosecuting criminals. Now, he fights for the rights of the accused. He has experience with both sides of the law. Our team at the Law Offices of Randall B. Isenberg will work to protect your rights throughout this process. Call (214) 696-9253 today to learn how a Lancaster criminal defense lawyer can help with your case.