An Impressive Track Record in Criminal Defense
Murder
There are five types of Criminal Homicide in Texas: Capital Murder; Murder; Manslaughter; Intoxication Manslaughter; and Criminally Negligent Homicide. Crimes that result in the death of another person are the most serious of violent crimes. If you are convicted of Criminal Homicide you could be punished by probation, or any sentence of imprisonment from two years to life, or the death penalty, depending on the crime of conviction. If you are charged with any sort of Criminal Homicide, it is essential that you obtain the best representation possible. Mark Stevens has handled every type of Criminal Homicide case, both at trial, and on appeal. Additionally, he frequently speaks and presents papers to other lawyers on these topics around the state. Some of these papers can be read in the Publications section of this website. Call our office today to discuss your options.
State v. T.C. (jury finds man not guilty of the capital murder of his wife’s paramour)
State v. A.R. (jury finds woman not guilty of murdering her husband)
State v. T.P. (jury finds woman not guilty of murdering her fiancé)
State v. E.O. (jury finds man not guilty of murder by reason of self-defense)
State v. L.M. (jury finds 12-year old boy not guilty of manslaughter in death of best friend)
State v. H.H. (jury finds man not guilty of attempted murder for shooting neighborhood bully)
State v. T.J. (jury gives man probation for two counts of intoxication manslaughter)
State v. M.B. (wife found not guilty by reason of insanity of the murder of her husband)
State v. M.M. (jury finds defendant guilty of lesser offense of manslaughter and imposes 12 year sentence)
State v. M.P. (mother acquitted of the murder of her child, convicted of misdemeanor offense of criminally negligent homicide and sentenced to 1 year in jail)
In re C.B. (juvenile acquitted of capital murder, found guilty of lesser offense of voluntary manslaughter)
State v. G.R. (Frio County jury acquitted defendant of murder and convicted of lesser offense of manslaughter)
State v. M.A. (defendant acquitted of capital murder, convicted of the lesser offense of manslaughter, and assessed 5 and a half years imprisonment)
State v. J.B. (defendant acquitted of capital murder, convicted of the lesser offense of murder)
State v. G.P. (jury found defendant not guilty of the capital murder of a police officer, guilty of the lesser offense of murder)
State v. G.P. (following reversal of murder conviction, jury found defendant not guilty of murder, guilty of lesser offense of voluntary manslaughter, and assessed sentence of 20 years imprisonment)
State v. F.S. (Atascosa County jury found defendant not guilty of murdering his wife, but guilty of the misdemeanor offense of criminally negligent homicide, and assessed a sentence of one year in the county jail)
Smith v. State, No. 71,010 (Tex. Crim. App. 1991)(capital murder conviction and death sentence reversed and new trial ordered because judge made mistakes during jury selection)
Garrett v. State, 749 S.W. 2d 784 (Tex. Crim. App. 1986)(conviction for murder and 35 year sentence reversed and judgment of acquittal entered because evidence was insufficient to prove knowing killing)
DWI
And Other Intoxication Offenses in Texas
If you are charged with DWI it means that a prosecutor believes you operated a motor vehicle in a public place while intoxicated. Ordinarily this is a misdemeanor offense. If you have been twice previously convicted of DWI, or if you have a passenger younger than 15 with you, or if there is an accident and someone is seriously injured or killed, you could be charged with a felony. Misdemeanor or felony, all drinking and driving offenses in Texas are extremely serious. You could go to jail or prison, be fined, lose your driver’s license, or your job. Drinking and driving charges are unique both because of the consequences that flow from conviction, and because of the specialized advocacy skills necessary to mount an effective defense. Choosing a DWI attorney is an important decision that must be decided upon with care.
Mark Stevens is Board Certified in Criminal Law by the Texas Board of Legal Specialization. In addition to his full-time law practice, Attorney Mark Stevens is an adjunct professor of law at St. Mary’s University School of Law. And he has lectured many times at continuing legal education classes all over the state on the subject of defending DWIs. Some of these papers can be read in the Publications section of this website.
Mark Stevens has represented hundreds of people charged with intoxication offenses, including intoxication manslaughter, intoxication assault, driving while intoxicated with child passenger, misdemeanor and felony driving while intoxicated, boating while intoxicated, and public intoxication, and has achieved favorable results for clients in Bexar, Travis, Comal, Hays, Kerr, Guadalupe, Wilson, Atascosa, Gillespie, Kinney, Medina, Uvalde, Karnes, Kendall, Bandera, Cameron, Blanco, and Aransas Counties.
Sanchez v. State, No. 04-91-00500-CR (Tex. App.-San Antonio 1992)(DWI conviction reversed and remanded for new trial where trial court erroneously limited time for jury selection)
State v. Garza, 2005 WL 2138082 (Tex. App.-San Antonio 2005, no pet.)(affirming trial court’s order suppressing breath test results because simulator was not operating at a known temperature)
State v. Alderete, 2004 WL 431490 (Tex. App.-San Antonio 2004, no pet.)(affirming trial court’s order that dismissed DWI prosecution for lack of a speedy trial)
Sexual Offenses
Sexual offenses include all forms of illegal sexual activity. In Texas, the most commonly charged sexual offenses are aggravated sexual assault, sexual assault, indecency with a child, indecent exposure, public lewdness, improper relationship between educator and student, prostitution, obscenity, possession of child pornography, online solicitation of a minor, and sexual performance by a child. Defending sexual offenses is particularly challenging, since most are felonies which expose those convicted to lengthy terms of imprisonment, onerous sexual offender treatment programs, and rigid requirements of sex offender registration. Mark Stevens has represented persons charged with sexual crimes for more than 30 years, both at trial and on appeal, and he has spoken frequently on this subject to lawyers all over Texas.
State v. P.E. (prosecutor dismissed Medina County sexual assault charge)
State v. D.H. (prosecutor dismissed aggravated sexual assault and indecency with a child charges)
State v. P.F. (defendant no-billed by Kerr County grand jury for possession of child pornography)
State v. R.A. (indecent exposure charges dismissed)
State v. C.C. (indecency with child charges reduced to class C misdemeanor, dismissed, and expunged from record)
State v. W.G. (school teacher found not guilty of indecency with a child)
State v. L.A.H. (school teacher found not guilty of sexual assault)
State v. M.M. (nurse found not guilty of sexual assault)
State v. J.C. (jury gives coach probation for sexual assault)
State v. J.S. (jury gives former piano teacher probation for indecency with a child)
State v. R.R. (jury gives former police officer 5 years probation for aggravated sexual assault)
State v. K.H. (juvenile found not guilty of indecency with a child)
State v. J.D. (defendant found not guilty of prostitution)
Other Violent Offenses
The Texas Penal Code enumerates many crimes of violence short of homicide, including: attempted murder, aggravated assault, assault, injury to a child, deadly conduct, and aggravated robbery. Mark Stevens has represented hundreds of persons charged with committing violent crimes.
State v. J.M. (Wilson County jury found sheriff’s deputy not guilty of aggravated assault with a deadly weapon)
State v. C.R. (child care provider found not guilty of assaulting child)
State v. H.H. (prisoner found not guilty of assaulting two jail guards)
State v. S.M. (jury found defendant not guilty of assault)
State v. A.H. (jury found defendant not guilty of carrying handgun on school premises)
State v. S.E. (jury found former police detective not guilty of two counts of aggravated assault)
State v. R.T. (Atascosa County jury found defendant not guilty of deadly conduct)
State v. A.G. (jury found defendant not guilty of assault)
State v. E.S. (Atascosa County jury found defendant not guilty of aggravated assault with a deadly weapon)
State v. T.C. (Bexar County jury assessed probation for husband convicted of attempting to murder his wife)
State v. R.M. (defendant found not guilty of aggravated assault on police officer, convicted of misdemeanor offense of reckless conduct, and sentenced to 6 months probation)
State v. J.O. (Maverick County jury found teacher not guilty of assault)
State v. M.M. (Medina County prosecutor dismissed injury to a child charges)
State v. L.I. (grand jury no-billed mother charged with two incidents of child endangerment)
State v. J.M. (prosecutor dismissed deadly conduct case before trial)
State v. K.C. (prosecutor dismissed two counts of aggravated assault on a peace officer)
State v. C.G. (interference with public servant dismissed before trial)
State v. R.M. (family violence assault dismissed by prosecutor)
State v. N.C. (pretrial diversion agreed to on two aggravated assault cases, with dismissal to follow upon compliance)
State v. T.B. (family violence assault dismissed by prosecutor)
City of San Antonio v. S.M.(assault by offensive contact case dismissed)
Massey v. State, 1999 WL 792454 (Tex. App.-San Antonio 1999, pet. ref’d)(conviction for assault reversed and remanded for a new trial because of prosecutor’s improper closing argument)
Drug Offenses
Texas has some very harsh laws prohibiting the possession, delivery, and manufacture of illegal drugs. Possession is the most commonly charged drug offense. When possession is charged, the prosecution must prove more than that the accused was merely present at the place where drugs were found; in addition, there must be proof beyond a reasonable doubt that the person charged exercised care, custody, control, or management over the drugs in question. This is not always an easy thing for the prosecutors to prove. Additionally, in many drug prosecutions there are constitutional questions about how the evidence was obtained. Evidence that was seized illegally cannot be used in court, and if the prosecution’s evidence can be excluded because it was illegally obtained, sometimes your case will be dismissed. If you are charged with a drug offense, you should consult with an experienced and knowledgeable criminal defense lawyer who can help you determine whether the charge against you will stand up in court. Mark Stevens has represented many people charged with different drug offenses in State and Federal Courts and on appeal. Call us if you believe we can help.
U.S.A. v.D.B. (federal jury found defendant not guilty of possession of methamphetamine with intent to distribute)
State v. R.G. (jury found defendant not guilty of felony possession of marijuana)
State v. P.K. (Comal County jury found defendant not guilty of possession of narcotics paraphernalia)
State v. M.M. (Medina County prosecutor dismissed possession of cocaine charges)
State v. J.N. (possession of cocaine charges rejected by prosecutor)
State v. F.R. (possession of marijuana dismissed after judge found arrest illegal)
State v. M.C. (possession of cocaine charges dismissed by prosecutor)
State v. T.F. (possession with intent to deliver methamphetamine dismissed by prosecutor)
State v. S.R. (possession of marijuana charge dismissed after judge found search of vehicle illegal)
State v. M.C. (possession of marijuana charge dismissed after judge found search of vehicle illegal)
State v. N.S. (prosecutor dismissed possession of dangerous drugs case)
State v. R.R. (prosecutor dismissed felony marijuana charges)
Property Offenses
Mark Stevens – San Antonio Criminal Defense Lawyer
There are many so-called "property" crimes in Texas, including theft, burglary, arson, criminal trespass, criminal mischief, and misapplication of fiduciary property. The severity of these crimes often depends on the value of the property involved. Some property crimes, such as theft, are called "crimes of moral turpitude." Conviction for a crime of moral turpitude, even for something as seemingly trivial as petty shoplifting or writing a bad check, can be severely and permanently damaging, not only to your criminal record, but also to your reputation. Convictions can sometimes be avoided in property cases by something as simple as making monetary restitution. Always consult with a knowledgeable criminal defense lawyer when you or a loved one is charged with a property crime, even if it seems minor. Mark Stevens has represented many persons charged with property crimes of all sorts.
Call us if you think we can help.
State v. A.K. (Medina County theft indictment dismissed by prosecutor)
State v. W.C. (Wilson County indictment for misapplication of fiduciary funds dismissed after restitution)
State v. G.G. (theft and misapplication charges dismissed by court because of defect in indictment)
U.S. v. D.R. (Federal jury found defendant not guilty of stealing and conspiring to steal Southwest Airline tickets)
State v. J.Y. (Dimmit County jury found defendant not guilty of burglary of a vehicle)
State v. R.H. (jury found defendant not guilty of burglary of a habitation)
State v. A.E. (jury found defendant not guilty of burglary of a habitation)
State v. W.V. (jury found defendant not guilty of burglary of a habitation with intent to commit theft)
State v. I.M. (Comal County jury assessed probation to defendant who pled guilty to burglarizing a habitation with intent to commit aggravated assault)
Significant Appeals
If you did not get the result you wanted in the trial court, you may need to take your case to another court, either by way of direct appeal, or writ of habeas corpus. Mark Stevens has handled many appeals and writs of habeas corpus, in the Texas Courts of Appeals, the Texas Court of Criminal Appeals, the United States Court of Appeals for the Fifth Circuit, and the United States Supreme Court. More than a hundred of his appeals have resulted in published opinions.
Ex parte McFarland, 2003 WL 2168599 (Tex. App.-San Antonio 2003, no pet.)(bail in capital murder case reduced from $500,000 50 $250,000)
Smith v. State, No. 71,010 (Tex. Crim. App. Dec. 4, 1991)(capital murder conviction reversed and remanded because of error during jury selection)