Fort Worth
Criminal Lawyers

Drug Crimes are heavily prosecuted in the state of Texas, with harsh penalties for those convicted of a drug crime. The Burns & Davis attorneys can defend your drug crime charges whether state or federal.

Sex Crimes, like drug crimes, are strongly prosecuted in Texas and have severe penalties for those convicted of a sex crime. In addition to the criminal penalties (which can include from 6 months to 99 years in prison, depending on the crime and whether a minor was involved) you could be forced to register as a sexual offender for a very long time after you’ve served your sentence—or even for life.

Gun Crimes can include possession of a firearm, trafficking of firearms, or deadly conduct with a firearm. Deadly conduct can include brandishing a firearm (pointing a weapon at another person even if you have no intention of firing the weapon) or actually shooting at another person, a house, a car, or a business.

Assault can be charged as simple assault—a misdemeanor—or aggravated assault, which is a felony. Misdemeanor assault can be charged for threatening to harm another person or engaging in any type of contact with another person that they consider “offensive.” Aggravated assault is charged when actual bodily injury occurs or when a weapon is used in the assault and is a felony.

DWI charges are very serious, potentially leading to jail time as well as the loss of your driving privileges. DWI in Texas means driving while under the influence of alcohol as an adult over the age of 21. For those under the age of 21, the charges are DUI rather than DWI—unless the BAC was 0.15 or more. At Burns & Davis, we believe one mistake shouldn’t alter your life forever and will fight for your freedom and your driving privileges.

Murder is the worst crime you can be charged with—and has the harshest penalties. If you are charged with capital murder in the state of Texas, you could face the death penalty. Otherwise, you could potentially spend the remainder of your life in prison. Murder charges require a strong defense, along with a comprehensive investigation into the facts and a thorough evaluation of the evidence.

Federal Charges can be much more difficult than state charges to defend. The federal government has a wide array of resources at its disposal, and the time necessary to build a case against you. It is imperative that you have an attorney who is experienced in defending federal charges since federal penalties are much more severe than state penalties.

Appeals are available in most cases following a conviction, however, there are specific rules associated with appeals that can be complex and difficult to navigate. Because of this, it is essential that you have a highly experienced appellate attorney to give you the best chance of a successful appeal.

Writ of Habeas Corpus—Article 11.07—A Texas Article 11.07 addresses a final conviction and an incarceration that is unlawful. The writ of habeas corpus—Article 11.07 refers to a section of the Texas Code of Criminal Procedure that establishes procedures for filing an application for a writ of habeas corpus after a conviction for a felony offense. All other appeals processes must be exhausted before Article 11.07 comes into play.

2255 Motions are used when a defendant is incarcerated in federal prison, when the sentence may have been unjust. The sentence could have been the result of ineffective counsel, or the defendant may have been given a sentence that is not allowed under the law. In these types of cases, a 2255 motion allows the incarcerated defendant to challenge the conviction after all other appeals have been exhausted.

Writ of Habeas Corpus—2254 Petition—The 2254 petition is similar to the 2255 petition but is used for a state court decision that is being appealed to a federal court. After your appeals have been exhausted, a 2254 petition could be your last chance to get out of prison before your sentence has been fully served. One cause of action for a 2254 petition is ineffective assistance of counsel.