Facing criminal charges in Houston, TX, is serious, and the decisions you make in the early stages of your case can have consequences that follow you for years. At Benavides Law Group, Eric Benavides represents people charged with a wide range of offenses across Houston, TX, and Harris County, from DWI and drug charges to assault, sex crimes, and everything in between. This page gives you a clear look at the areas of criminal law the firm handles and the specific defenses and options that may be available to you.
Whether you were recently arrested or you've been under investigation for some time, understanding your legal options is the first step. The sections below break down each major practice area, explain what's typically at stake, and point you toward more detailed resources for your specific situation. To speak directly with a Houston criminal defense attorney about your case, contact Benavides Law Group today.
How a Houston Criminal Defense Lawyer Can Help Your Case
A DWI arrest in Texas can feel overwhelming, especially if it's your first encounter with the criminal justice system. But a charge is not a conviction, and there are often more options available than people realize when they get that first call from a holding cell. Benavides Law Group handles DWI and DUI cases at every stage, from the night of the arrest through trial if necessary, and the firm's approach is built on a thorough examination of the facts, the stop, the testing, and the procedures law enforcement used along the way.
What a DWI Criminal Charge Actually Means in Texas
Texas law defines DWI under the Penal Code as operating a motor vehicle in a public place while intoxicated, meaning your mental or physical faculties are impaired, or your blood alcohol concentration is 0.08 or higher. The distinction between DWI and DUI in Texas matters: DUI in Houston, TX, generally refers to charges brought against minors who have any detectable amount of alcohol in their system, while DWI applies to adults. Both carry real consequences, including driver's license suspension, fines, probation, and potentially jail time depending on the circumstances.
The Consequences Go Beyond the Courtroom
Many people focus on what happens in court and underestimate how a DWI can affect their daily life long after the case closes. The consequences of a Texas DWI include surcharges, mandatory education programs, ignition interlock requirements, and a criminal record that can affect employment, housing, and professional licensing.
One of the first things that happens after a DWI arrest is an automatic administrative process: your license can be suspended through the Texas Department of Public Safety unless you request an ALR hearing within 15 days of your arrest. Missing that window means the suspension goes into effect automatically.
Building a Defense that Fits Your Case
Effective DWI defense often starts with challenging how the stop was conducted and whether the officer had legal justification, then examining the field sobriety tests that were administered, which have well-documented limitations. If prescription medication or drugs were involved rather than alcohol, the firm also handles drug DWI cases where the analysis of impairment is far more subjective, and the prosecution's case may be more vulnerable to challenge. For those who qualify, the Harris County DWI Pre-Trial Intervention Program may offer a path to avoid a conviction entirely, and after a case resolves, sealing a DWI record is a possibility for some clients under recent changes to Texas law.
The firm's DWI FAQ addresses the most common questions people have after an arrest, and the DWI attorney page provides a full overview of the firm's approach to these cases. If you've been charged with DWI in Harris County, don't wait. Reach out to Benavides Law Group to discuss what happened and what options may be available to you.
Assault and Domestic Violence Defense
Assault and domestic violence charges can move fast in Texas. Police frequently make arrests based on one person's account, and prosecutors often pursue charges even when the person who called 911 later wants to drop them. Eric Benavides represents people accused of assault and family violence offenses throughout Houston, TX, and Harris County, focusing on the full picture of what actually happened rather than accepting the initial police report at face value.
Assault Charges in Texas
Under Texas law, assault does not require physical contact. You can be charged with assault for making a threat that causes someone to reasonably fear imminent bodily injury, which means these charges arise in a wide variety of situations.
A Houston assault lawyer can examine the circumstances of the alleged offense, including whether the contact was consensual, whether you acted in self-defense, and whether the alleged personal injury meets the legal threshold for the charge filed. Aggravated assault, which involves serious bodily injury or the use of a deadly weapon, carries significantly harsher penalties and requires careful, early attention to the facts.
Domestic Violence Cases Are Different
Family violence charges come with unique complications. Even a misdemeanor family violence conviction carries a federal firearms disability and can affect custody proceedings, immigration status, and professional licenses. The Houston domestic violence lawyer page explains how these cases are typically handled in Harris County, including how protective orders work and what your options are if a temporary restraining order has already been issued against you.
Defending these cases often involves gathering evidence that contradicts the official narrative, including texts, call logs, witness statements, and a close look at any prior incidents that may have shaped how police responded.
Protective Orders and What They Mean
A protective order can restrict where you live, where you work, and who you can contact, often before you've had any opportunity to present your side of the story. Understanding the hearing process and responding appropriately is essential to protecting your constitutional rights while the underlying criminal case is pending.
Drug Crime Defense in Houston, TX
Drug charges in Texas range from low-level misdemeanor possession to serious felony distribution cases, and the consequences at every level are significant. A conviction can mean jail or prison time, a fine, probation, and a permanent record that affects your ability to find work and housing. Benavides Law Group handles the full range of Houston drug cases, from simple possession to more serious distribution allegations.
Understanding What You're Facing
Texas drug laws distinguish between possession, delivery, and manufacturing, with penalties that vary based on the type of substance and the amount involved. The prosecution must prove that you knowingly possessed a controlled substance, and that element, knowledge and intent, is often where a defense takes shape. Whether the search that uncovered the drugs was lawful, whether the substance has been properly tested and identified, and whether the chain of custody is intact are all areas that deserve close examination.
Drug Diversion Programs in Harris County
For some defendants, particularly those facing first-time possession charges, diversion programs offer a way to resolve a case without a conviction. Harris County's Misdemeanor Marijuana Diversion Program is one option worth knowing about if you were charged with small-amount marijuana possession. Eligibility depends on the specific circumstances of your case and your criminal history, but for those who qualify, completing the program can mean avoiding a conviction and preserving your record.
When Drug Charges Are More Serious
Felony drug charges, particularly those involving delivery or larger quantities, carry mandatory minimum sentences in some cases and require a defense strategy that is built on both legal and factual challenges from the beginning. Eric Benavides works with clients to understand every element of the state's case and identify the strongest available defenses.
Theft and Property Crime Defense
Theft charges carry more weight than many people expect, particularly when the value of the property involved pushes the charge into felony territory. Beyond the legal penalties, a theft conviction on your record can be particularly damaging because employers and landlords often view it as a red flag for trustworthiness.
Theft Charges and How They're Classified
Texas classifies theft offenses based on the value of the property allegedly taken, ranging from a Class C misdemeanor for amounts under $100 all the way up to a first-degree felony for theft valued at $300,000 or more. A Houston theft lawyer can evaluate the state's evidence, including how the value was calculated and whether the elements of the offense can actually be proven beyond a reasonable doubt.
Embezzlement and White-Collar Theft
Embezzlement cases typically arise in employment settings where someone in a position of trust is accused of diverting funds or property for personal use. These cases often involve financial records, audits, and allegations that can be technically dense. The firm's embezzlement defense page covers how these charges are built and where defenses commonly arise.
Shoplifting and Retail Theft Programs
Shoplifting charges, even for relatively small amounts, can follow you for a long time if not handled properly. Harris County has a retail theft diversion program that may be available for qualifying first-time offenders, which can allow the case to be resolved without a conviction. Whether that program is the right path for your situation depends on the facts of your case and your goals.
Sex Crimes Defense
Sex crime allegations are among the most serious criminal charges a person can face in Texas. The social and professional stigma alone can be devastating, often before any case has been proven, and a conviction carries consequences that last a lifetime, including sex offender registration. Benavides Law Group represents people accused of sex crimes throughout Harris County and understands how high the stakes are from the moment charges are filed.
The Houston sex crimes lawyer page outlines the firm's approach to these cases. Charges the firm handles in this area include sexual assault, aggravated sexual assault, indecency with a child, online solicitation of a minor, and possession or distribution of prohibited materials.
Many sex crime cases hinge on witness credibility and digital evidence, and a defense that scrutinizes both the source and reliability of that evidence is essential. Early intervention, before charges are formally filed in some cases, can sometimes affect how the case develops.
Juvenile Criminal Law
When a minor is arrested in Texas, the case proceeds through the juvenile criminal justice system rather than adult criminal court, at least initially. The rules, procedures, and potential consequences are different, and so is the approach to defense. The goal in juvenile cases is often to protect a young person's future and keep their record from defining the rest of their life.
Benavides Law Group handles juvenile cases in Texas for families across Houston, TX. Depending on the severity of the offense and the minor's age, some cases can be transferred to adult court, which makes early legal involvement particularly important. The firm works with families to understand the process, protect the juvenile's rights, and pursue outcomes that account for the long-term impact on education, career, and overall well-being.
Probation Violations and Motions
Being on probation means living under ongoing supervision, and any misstep, even a relatively minor one, can lead to serious consequences. If you've been accused of violating your probation, you're facing the possibility of having your original sentence imposed, which can mean prison time you may have thought you had avoided.
What Happens When Probation Is Violated
When the state believes a probationer has violated the terms of their supervision, the prosecutor can file either a motion to revoke probation (for regular community supervision) or a motion to adjudicate guilt (for deferred adjudication). The standards of proof in these proceedings are lower than in a criminal trial, which makes having legal representation especially important. Eric Benavides represents clients at Houston probation violation hearings, presenting mitigating evidence and arguing for outcomes that preserve your ability to remain in the community when possible.
What You Can Do About a Violation Allegation
Not every allegation of a probation violation is accurate, and even when a violation did occur, context and circumstances often matter to the outcome. Missed check-ins due to a family emergency, a positive drug test tied to a prescription, or a technical violation that caused no real harm are situations where the response matters as much as the facts.
Protecting Clients' Rights at a Revocation Hearing
Revocation hearings move quickly, and the consequences of an unfavorable ruling are immediate. Being prepared with documentation, witnesses, and a clear legal argument is the difference between going home and going to jail that day.
Record Sealing and Expunction Services
A criminal record can follow you long after a case is resolved, affecting job applications, professional licenses, housing, and more. Texas law provides two main paths for limiting public access to your record: expunction, which actually destroys the record, and non-disclosure orders, which seal it from most public access. Eligibility for each depends on the outcome of your case and the type of offense involved.
Expunction: Erasing the Record
If your charges were dismissed, you were acquitted, or you completed a pretrial diversion program, you may be eligible to file a petition for expunction and have the record removed entirely. An expunction means you can legally deny the arrest ever occurred in most contexts, which is a meaningful restoration of your privacy. The process involves filing in civil court and meeting specific statutory requirements, but the outcome can be a genuine fresh start.
Non-Disclosure Orders: Sealing Your Record
For cases that resulted in a conviction or deferred adjudication, expunction usually isn't available, but a motion for non-disclosure may be. Non-disclosure orders prevent most employers and the general public from accessing your record, though certain agencies can still see it.
Texas expanded eligibility for non-disclosure for convictions in recent years, and there is now a specific pathway for non-disclosure of DWI convictions that didn't exist before. A Houston record sealing lawyer can review your specific history and tell you which relief you may qualify for.
Why Timing Matters
Waiting periods apply to most record sealing and expunction processes, and missing an eligibility window or filing incorrectly can delay relief significantly. Getting a proper evaluation of your options early is worthwhile.
Robbery Defense
Robbery in Texas is treated as a violent felony case, even when no weapon is involved, because the offense is defined by the use or threat of force during a theft. That means the penalties are substantially more severe than a standard theft charge, and a conviction carries long-term consequences for employment, housing, and civil rights.
Benavides Law Group represents people charged with robbery and aggravated robbery in Houston, TX, and throughout Harris County. The Houston robbery lawyer page covers how these charges are defined under Texas law, the difference between robbery and aggravated robbery, and how the defense of these cases is approached.
Aggravated robbery, which involves a deadly weapon or causes serious bodily injury, is a first-degree felony that carries 5 to 99 years in prison under Texas law, making early and thorough legal representation essential.
Why Choose the Houston Criminal Defense Lawyers at Benavides Law Group for Your Criminal Case?
Eric Benavides has focused his practice on criminal defense in Houston, TX, and Harris County for years. He handles cases personally rather than passing them to less experienced criminal defense attorneys, and his approach is built on understanding the specific facts of each client's situation rather than applying a generic strategy to every case.
Criminal defense in Harris County requires familiarity with the local courts, prosecutors, and procedures. Knowing how the Harris County District Attorney's office approaches specific types of cases, how judges tend to handle certain motions, and what diversion programs are actually available in a given court can make a meaningful difference in how a case unfolds. Our local knowledge and extensive experience shape how our firm approaches everything from the first client meeting to the resolution of each case.
The firm also recognizes that clients are people first, not just case numbers. Being charged with a crime is stressful, and clear communication throughout the process matters. Eric Benavides stays accessible to clients, answers questions directly, and keeps people informed about what is happening in their case and why.
Texas criminal law is shaped by the Texas Penal Code and interpreted through a body of appellate decisions that continue to evolve. Staying current on those developments and understanding how they apply to pending cases is part of what the firm brings to every representation.
Contact a Qualified Criminal Defense Attorney at Our Law Firm Today for Your Initial Consultation
If you or someone you care about is facing criminal charges in Houston, TX, or anywhere in Harris County, getting accurate information early is important. The sooner you understand your options, the better positioned you are to make decisions that protect your future.
Benavides Law Group handles criminal cases across the full range of charges described on this page, from first-time misdemeanor arrests to serious felony prosecutions. Eric Benavides is available to discuss your situation, explain what you're facing, and help you understand what a realistic defense might look like for your specific case. There is no obligation when you reach out, and what you share is protected by attorney-client confidentiality from the moment the conversation begins.
Call Benavides Law Group or use the online contact form to schedule a free consultation with a Houston criminal defense attorney who will take your case seriously.