New Braunfels Criminal Defense Lawyer (2024)

Facing one or more criminal charges in Comal County, Texas, can frighten anyone. The possibility of jail time, fines, and a criminal record can overwhelm you.

The experienced New Braunfels criminal defense attorneys at Lance Kennedy Law can provide guidance, protect your rights, and develop a strong defense strategy. We’ll explain the charges against you, explore potential plea options, and represent you in court, working toward the best possible outcome for your case.

For a free case evaluation and legal consultation with a skilled New Braunfels criminal defense attorney, please call (512) 565-8844 or contact us online today.

Why Select Us for Your New Braunfels Criminal Defense Case?

If you face one or more criminal charges, you want the best possible legal team in your corner to advocate for you every step of the way.

Attorney Lance Kennedy is a former prosecutor who understands how to build criminal cases. He has seven federal jury trials and 50-plus trials in Texas state courts under his belt and will use that knowledge and experience to pursue an acquittal or dismissal in your case.

At Lance Kennedy Law, we have a strong track record of success, and you can view our most recent client testimonials and case results by clicking on the following links.

Our office is conveniently located at 496 South Castell Avenue, New Braunfels, TX 78130.

Common Criminal Charges in New Braunfels

In New Braunfels, Texas, some of the most common criminal offenses involve DWI (Driving While Intoxicated), assault and family violence, white-collar federal offenses, and drug charges.

To obtain a conviction for these offenses, a state prosecutor must prove specific elements of each crime beyond a reasonable doubt.

For DWI charges, the prosecutor must prove that the accused operated a motor vehicle in a public place while intoxicated. Intoxicated means either that the driver did not have the normal use of mental or physical faculties due to alcohol, drugs, or some combination or that their blood alcohol concentration (BAC) was 0.08 percent or higher. Evidence such as Breathalyzer or blood test results, field sobriety tests, and officer observations are typically used to establish intoxication.

In assault and family violence cases, the prosecutor must show that the accused intentionally, knowingly, or recklessly caused bodily injury to another person – or threatened someone with imminent bodily injury. In cases of family violence, the prosecutor must establish the relationship between the accused and the alleged victim, such as being a family member, spouse, or someone whom the accused lived with. Evidence may include witness testimony, medical reports, and police records.

For white-collar federal offenses like fraud, embezzlement, or money laundering, the prosecutor must prove that the accused intentionally committed acts of deception for financial gain. This often involves showing that the accused knowingly engaged in schemes to defraud, falsify documents, or illegally transfer money. In federal cases, the evidence may include financial records, emails, witness statements, and expert testimony on complex financial practices.

When prosecuting drug charges, the state must demonstrate that the accused knowingly possessed, manufactured, or delivered a controlled substance. For possession charges, the prosecutor needs to show that the accused had control over the drugs, knew they were illegal, and had them for personal use or distribution. In cases involving drug manufacturing or distribution, the state must show the accused’s involvement in producing or selling illegal drugs.

For each of these offenses, the prosecutor bears the sole burden of proof. To secure a conviction, they must prove each element of the underlying charge beyond a reasonable doubt.

Common Legal Defenses to Various Crimes in New Braunfels

In New Braunfels, Texas, individuals facing criminal charges such as DWI (Driving While Intoxicated), assault and family violence, white-collar federal offenses, and drug charges can use various legal defenses to fight their cases.

For DWI charges, common defenses include challenging the accuracy of breathalyzer or blood test results, questioning whether police lawfully conducted a traffic stop, or arguing that they improperly administered field sobriety tests. Another possible defense is that medical conditions or certain medications caused the driver to appear impaired when they weren’t.
In cases of assault and family violence, self-defense is a frequently used legal strategy. A person may argue that they used force to protect themselves from immediate harm. Another defense is lack of intent, meaning that the accused didn’t mean to cause injury or that the incident was accidental. False accusations are also a possible defense – particularly in cases alleging family violence, where emotions can sometimes lead to false claims.

When it comes to white-collar federal offenses, such as fraud, embezzlement, or money laundering, the accused may argue that they lacked the necessary intent to commit a crime. Mistakes in accounting or mismanagement, rather than deliberate fraud, can sometimes form the basis for a defense. In complex federal cases, the accused may also argue entrapment, claiming that government agents coerced or induced them into committing an illegal act they wouldn’t otherwise have done.

For drug charges, defenses can include arguing that the drugs found didn’t belong to the accused or that law enforcement obtained them through an unlawful search and seizure. Texas has strict rules on how police can search a person’s property, and if they violate these rules, the court may throw out any evidence. Another possible defense is showing that the amount of drugs recovered did not reach the legal threshold for a serious offense.

Potential Penalties for a New Braunfels Criminal Conviction

In Comal County, Texas, the potential penalties for a criminal conviction depend on the severity of the offense. Texas law divides crimes into two main categories: misdemeanors and felonies, each with varying levels of punishment. The charge, whether it involves an alleged DWI, assault, family violence, white-collar federal offense, or drug-related crime, will determine the specific penalties.

Misdemeanors are less serious offenses but still carry significant consequences.

Texas classifies them into three categories:

Class C misdemeanors are the least severe, often resulting in fines of up to $500. These offenses typically don’t involve jail time.

Class B misdemeanors carry penalties of up to 180 days in jail and fines of up to $2,000. Crimes like first-time DWI or possession of small amounts of marijuana may fall under this category.

Class A misdemeanors are more serious and can result in up to one year in jail and fines of up to $4,000. Assault causing bodily injury may constitute a Class A misdemeanor.

Felonies, on the other hand, are much more serious crimes and come with harsher penalties upon conviction.

Texas classifies them into five categories:

State jail felonies carry a sentence of 180 days to 2 years in a state jail facility, along with fines of up to $10,000. Certain drug possession charges and minor thefts fall into this category.

Third-degree felonies can lead to 2 to 10 years in prison and up to $10,000 in fines. Assaults involving a deadly weapon or more serious drug offenses can be third-degree felonies.

Second-degree felonies involve penalties of 2 to 20 years in prison and up to $10,000 in fines. These charges can include aggravated assault or certain fraud cases.

First-degree felonies are punishable by 5 to 99 years or life in prison, along with fines of up to $10,000. Serious violent crimes, like aggravated sexual assault or large-scale drug distribution, fall into this category.

Capital felonies carry the most severe penalty, which can include life in prison without parole or the death penalty.

Each criminal conviction may also result in additional consequences, such as probation, community service, and mandatory rehabilitation programs.

Potential Collateral Consequences Upon Conviction of a Crime in New Braunfels

In Comal County, Texas, a criminal conviction can result in more than just fines and jail time. Beyond the direct penalties, individuals may also face significant collateral consequences – or long-term effects that impact various aspects of their life. These consequences can follow someone long after they’ve served their sentence or paid their fines.

One of the most immediate consequences is damage to employment opportunities. Many employers conduct background checks, and a criminal conviction – especially for a felony – can make it difficult to secure a job.

Certain professions, such as teaching, healthcare, and law enforcement, may have strict policies that prevent hiring individuals with criminal records. A conviction can also lead to the loss of professional licenses, making it harder to work in fields like nursing, real estate, or finance.

Housing opportunities can also be affected. Landlords often run background checks, and some may refuse to rent to individuals with a criminal record – particularly for drug-related or violent offenses. This can limit where someone may live, especially in certain apartment complexes or housing communities.

You can face educational consequences for drug charges or violent crimes. The federal government may deny financial aid, making it difficult to afford college or other higher education. Many colleges and universities also have policies that may deny admission to individuals with serious criminal backgrounds.

A criminal conviction can also affect family life, especially in cases involving domestic violence or child abuse. A person may lose custody or visitation rights or face restrictions in family court.

You may also lose gun ownership rights, particularly for felony convictions or certain domestic violence offenses. Texas law and federal law both prohibit convicted felons from owning or possessing firearms.

Voting rights are another collateral consequence. In Texas, individuals convicted of a felony lose their right to vote while serving their sentence, on probation, or on parole. You can restore voting after completing all terms of the sentence, but must take specific steps to re-register to vote.

Other potential consequences include immigration issues (for non-citizens), restrictions on public benefits, and damage to personal reputation. These collateral consequences can have a lasting effect on an individual’s future and overall quality of life.

How Can We Help with Your New Braunfels Criminal Case?

If you face a criminal charge in New Braunfels, Texas, we at Lance Kennedy Law understand the overwhelming stress you feel.

Whether it’s a DWI, assault charge, drug charge, or white-collar federal offense, the stakes are high. You need an experienced legal team on your side to guide you through the process and protect your rights.

Here’s how we can help with your criminal case:

First, we’ll conduct a thorough investigation into the facts of your case. This involves reviewing all evidence, police reports, and witness statements, as well as any video footage or forensic reports. By digging into the details, we may uncover significant errors by law enforcement or weaknesses in the prosecution’s case that can work in your favor.

Next, we’ll help you understand the charges against you and explain the potential consequences. The legal system can be complicated, but we’re here to break it down and answer your questions. You’ll have a clear understanding of what you’re up against and the best strategies for your defense.

If there are opportunities to negotiate a plea deal, we will explore them fully. Sometimes, the prosecution may offer a reduced charge or lighter sentence in exchange for a guilty plea to a lesser offense. We’ll discuss whether this is a good option or whether to take the case to trial.

If we go to trial, we’ll develop a strong defense strategy tailored to your case. This includes challenging the prosecution’s evidence, presenting witnesses in your defense, and raising doubts about the prosecution’s version of events. Our goal is to secure the best possible outcome, whether that’s an acquittal, a reduced charge, or a favorable plea deal.

We also provide support throughout the entire process. From answering your questions to representing you in court, we’ll be with you every step of the way.

In your time of need, you don’t have to face this challenge alone. We have the experience and knowledge to protect your rights and fight for your future in your New Braunfels criminal case.

Speak to a Skilled New Braunfels Criminal Defense Lawyer about Your Legal Matter Today

At Lance Kennedy Law, we welcome the opportunity to fight for your legal rights and interests and pursue the best possible result in your case – either through a favorable result at trial or a favorable plea deal from the state prosecutor handling your case.

For a free case evaluation and legal consultation with a skilled Comal County criminal defense attorney, please call us at (512) 565-8844 or contact us online.