Central Texas Criminal Defense
*If you have been accused of a criminal offense, your first priority should be to seek qualified legal representation immediately. Do not talk to law enforcement or other agencies, do not give a statement, do not agree to be interviewed, and never admit guilt before you have spoken with a lawyer. Even if you have already committed one of these actions, it is imperative that you seek counsel to mitigate the damage and secure your best possible outcome.
Being accused of a criminal offense such as murder, manslaughter, rape, sexual assault, or drug trafficking is a serious and life altering event. In the initial stages, you are more than likely overcome with fear, anxiety, and shock. As unprepared emotionally and mentally as you likely are, it is the decisions you make in these critical first few hours and days that will help determine your fate.
You will likely be pressured by law enforcement or other local, state, or federal government agencies to submit to questioning or provide a statement. Do not speak with law enforcement or protective services before speaking to a lawyer. This is by far the most important decision you can make. Hiring a professional and experienced representative will help protect your rights and insulate you from being pressured into something that is against your self interest.
If you or someone you know has been accused of a violent, sexual, drug, or driving criminal offense and want to aggressively defend your rights and name, you need experienced legal representation that is prepared to go to war. Joe Marcee is Combat and Courtroom Tested, and he represents clients accused of criminal offenses in the metro Austin, Texas area, Williamson County, and greater Central Texas. He understands the gravity of the moment and your fear of losing everything. That is why Joe treats you with dignity and respect, guiding you through the process like a trusted friend. You won’t get the runaround at Marcee Law. He does not shield himself behind an army of administrators, blocking you in this nerve-wracking time. You get Joe’s personal cellphone number. He is interested in not only defending you against the charges laid against you, he seeks out available support networks to improve your overall well-being while also leveraging it to help you obtain the best possible outcome in your case.
Joe Marcee brings a vast wealth of trial experience to your case along with compassion. As a Lieutenant Colonel decorated for valor in combat, Joe has proven himself under the most intense circumstances. A former JAG prosecutor and defender, he knows both sides of the law. Having brought dozens of cases to trial, he is comfortable providing an aggressive defense of your freedom. Selected as representation for the Ft. Hood shooter, he is no stranger to high profile cases. As a Military Judge in the Army Reserves, Joe possesses insight into legal matters few attorneys are able to match. Joe has the skills and track record of success you need when your life is at stake.
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Being accused of a criminal offense is a serious matter that will upturn your life even if you are not convicted. Criminal offenses are felonies, and the penalties are stiff in the state of Texas.
Capital Felony: Life without the possibility of parole, or death.
1st Degree Felony: 5 years to life in prison and up to a $10,000 fine.
2nd Degree Felony: Between 2-20 years in prison and up to a $10,000 fine.
3rd Degree Felony: From 2-10 years imprisonment and up to a $10,000 fine.
Beyond the terrifying threat of losing your freedom for a substantial amount of time, you also stand to lose everything you’ve worked so hard to build in your life, including your name. Accusations of criminal conduct are enough to damage your standing and employment prospects. Sexual offenses can include registering as a sex offender for the rest of your life. Loss of voting rights while incarcerated, loss of income, and the hardships on those you love, are just a portion of what is on the line.
Don’t take chances. If you find yourself accused of a criminal offense, you need quality legal representation. You need a lawyer that has the experience and tenacity to to battle for your rights, on the toughest cases, in the biggest venues. You need Joe Marcee.
Whether intended or not, any action that results in the death of another person is considered homicide in the state of Texas. Criminal homicide charges range from first-degree murder to manslaughter and includes self-defense. The severity of the sentence is determined by intent and other circumstances surrounding the event.
Capital Murder: Capital Felony — Life without parole or death.
Murder: 1st Degree Felony — 5-99 years in prison and up to $10,000 fine.
Manslaughter: 2nd Degree Felony — 2-20 years in prison and a fine of up to $10,000.
Criminally Negligent Homicide: State Jail Felony — Sentenced from 6 months up to 2 years and a fine of up to $10,000.
Texas Penal Code 19.01:
(a) A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.
(b) Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide.
Assault Including Domestic Violence
Attempting to or actually striking another person, or the threat of violent action, is considered assault in Texas. The charge is increased to aggravated assault when a weapon is used or serious bodily harm results from the attack. The charges are considered domestic violence if directed at a partner, immediate family members, or those closely related and living in the same domicile. Penalties for assault range widely, from a simple fine on Class C misdemeanors to life imprisonment for first degree felonies.
Domestic Violence: Class A Misdemeanor (for first offense) — Up to 1 year in jail and up to a $4,000 fine. 3rd Degree Felony (for second offense)
Aggravated Assault: 2nd Degree Felony — 2-20 years in prison and up to a $10,000 fine.
Aggravated Assault (with a deadly weapon): 1st Degree Felony — 5-99 years of imprisonment and up to a $10,000 fine.
Texas Penal Code 22.01:
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
(b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against:
(1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;
(2) a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code—Domestic Violence.
You have a lot on the line if you have been accused of a Indecency with a Child, which the state of Texas describes as any sexual contact with someone under the age of 17. Besides stiff jail penalties, you will be required to register as a sex offender for the rest of your life. The mere accusation is enough to harm your reputation, employment, and child custody decisions.
Indecency with a Child (by sexual contact): 2nd Degree Felony — 2-20 years in prison and up to a $10,000 fine.
Indecency with a Child (by exposure): 3rd Degree Felony — From 2-10 years imprisonment and up to a $10,000 fine.
Texas Penal Code 21.11:
(a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person:
(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or (2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or
(B) causes the child to expose the child's anus or any part of the child's genitals.
An accusation of Sexual Assault is one of the most contentious criminal offenses today. It has the power to turn public opinion and that of your family, friend, and co-workers against you, harming your career and life at a fundamental level. Worse still, the punishments are stiff in the state of Texas.
Sexual Assault: Typically a 2nd Degree Felony — Between 2-20 years in prison and up to a $10,000 fine.
Aggravated Sexual Assault: 1st Degree Felony — 5 years to life in prison and up to a $10,000 fine.
Texas Penal Code 22.011 & 22.021:
(a) A person commits an offense if:
(1) the person intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;
(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or
(C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor
Enticing a child
While Enticing a Child might not sound like a serious offense, it is classified as a criminal offense in the state of Texas and has serious consequences. Defined as the interference of legal custody or guardianship of a minor, you can be accused of this crime if you convince, persuade or take someone under the age of 18 without permission. This could include disagreements of custody with a former partner.
Enticing a Child: Class B misdemeanor — Jail time up to 6 months and a maximum fine of up to $2,000.
Enticing a Child (with intent to commit felony): 3rd Degree Felony — From 2-10 years imprisonment and up to a $10,000 fine.
Texas Penal Code: 25.04":
(a) A person commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, he knowingly entices, persuades, or takes the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child.
(b) An offense under this section is a Class B misdemeanor, unless it is shown on the trial of the offense that the actor intended to commit a felony against the child, in which event an offense under this section is a felony of the third degree.
Driving While Intoxicated (DWI)
One of the most common criminal offenses, a DWI charge carries many punishments (including severe) with it depending on whether it is your first offense or not. In addition to potential jail time and fines, you risk having your license revoked as well as putting strain on your work and social relationships.
DWI (first offense): Anywhere from 3 days to 1 year in jail and between a $2,000 and $4,000 fine.
DWI (second offense): Class A Misdemeanor — At least 30 days in jail, a fine of up to $4,000, suspension of your driver’s license from 6 months to 2 years, and an ignition lock on your car.
DWI (third offense): 3rd Degree Felony — Up to 10 years in prison, a fine up to $10,000, and up to 2 years of driver’s license suspension after serving time.
Texas Penal Code: 49.04:
(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days. PENAL CODE Statute text rendered on: 2/13/2019 - 403 -
(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
DWI with Child Passenger
As serious as the state takes DWI offenses, driving while intoxicated with a child in the car carries a much harsher punishment. This includes the potential charge of child endangerment which carries a number of negative consequences that jeopardize your rights as a parent.
DWI with a Child Passenger: State Jail Felony — between 6 months and two years of jail time and a fine of not more than $10,000, along with other regular DWI penalties including installation of an ignition lock, suspension of your license, and yearly penalties for retaining your license.
Secondary Consequences (potential): Include the loss of voting privileges, certain forms of government assistance, possession of a firearm, changes to your child custody agreement, and loss of child visitation rights.
Texas Penal Code 49.045:
(a) A person commits an offense if:
(1) the person is intoxicated while operating a motor vehicle in a public place; and
(2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.
(b) An offense under this section is a state jail felony.
If your operation of a vehicle (water, land, or air) while intoxicated results in the death of another person, the state vigorously prosecutes to the full extend of the law. This includes prison, fines, and a loss of your license.
Intoxication Manslaughter: 2nd Degree Felony — Between 2-20 years in prison and up to a $10,000 fine.
Texas Penal Code 49.08:
(a) A person commits an offense if the person:
(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
(2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
(b) Except as provided by Section 49.09, an offense under this section is a felony of the second degree.