Criminal Defense

Being arrested for a crime can be a frightening experience. You probably have many questions that a criminal defense attorney can answer. The sooner you contact a lawyer experienced in criminal defense, the better your chances or having a favorable outcome in the courtroom.

An attorney can inform you of the charges you could be facing, and advise you on the best course of action. Take the first step in building your defense.

Criminal Defense Attorney in Houston, TX

If you are being investigated for a crime in Harris County, you need an attorney that will aggressively defend your rights. Don’t delay. Contact The Benken Law Firm.

Brian Benken is an attorney and licensed private investigator that will uncover evidence in your case that is crucial to proving you’re innocent. To schedule a free case consultation with The Benken Law Firm, call (713) 223 - 4051 today.

The Benken Law Firm defends clients in all areas throughout Harris County such as Braeswood Place, Uptown, Downtown Houston, The Heights, Sunnyside and many others.


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Texas Drug Crimes

People that pose no threat to the community are all to often caught in possession of drugs. Texas is a state that is known for being harsh on drug crimes. For example, just being in possession of less than two ounces of marijuana can get you 180 days in jail and up to $2,000 in fines.

Drug crimes are typically punished based on the drug, how much you were in possession and whether or not you were caught trafficking, manufacturing or intending to sell.

Some of the drug crimes that The Benken Law Firm defends include:


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Common Sex Crimes in Texas

Because of the dramatic nature of sex crimes, they are harshly punished in Texas. There are many sex crimes listed under the Texas Penal Code, such as:

  • Sexual Assault: This involves knowingly and intentionally committing a sex act without the consent of the other person. Sex acts can include penetrating a sexual organ, mouth or anus without consent or causing someone else’s sexual organ to penetrate the sexual organ, mouth or anus of another.
  • Aggravated Sexual Assault: This is an elevated sexual assault charge. Circumstances that could cause a sexual assault charge to be elevated include the victim was under 14, disabled or elderly or serious bodily injury was caused.
  • Indecent Exposure: Texas law defines this crime as exposing the anus or genitals with the intent to arouse or gratify a sexual desire, and she or he was reckless about who was present and who will be offended or alarmed by the act.
  • Indecency with a Child: This is considered engaging in sexual conduct with a minor under 17, or causing the child to engage in sexual behavior with the intent to gratify or arouse a sexual desire.
    • Child Pornography: It’s against the law to knowingly or intentionally possess or access material that depicts a child under 18 engaging in sexual conduct. This can include photos or videos.

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Additional Resources for Criminal Defense in Harris County, TX

Texas Controlled Substance Act– Read the full text of the act that classifies controlled substances in Texas. You can view what penalty group each drug falls under and how they are penalized. The act can be read on the Texas Constitution and Statutes website.

Sex Offenses | Texas Penal Code– Read through the chapter of the Texas Penal Code that governs sex crimes in the state. You can learn what crimes are considered sex crimes and how they are penalized.


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Criminal Defense in Harris County, TX

Just because you were arrested for a crime doesn’t mean you’re guilty. Take the first step in building your defense and contact The Benken Law Firm today. Brian Benken is a trusted attorney who will do everything in his power to achieve the best possible outcome for your situation.

With over 30 years of experience as a criminal defense attorney, Brian Benken knows what it takes to win a case or have it dismissed. Schedule a free case consultation with The Benken Law Firm today. Call (713) 223 - 4051.

Brian Benken represents clients in all communities across Harris County. Some of these communities include, but are not limited to, Montrose, Midtown, Bellaire, River Oaks, Rice Military and many others.


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DWI in Texas

Driving while intoxicated is one of the most common criminal traffic violations in Texas. There are two ways you could be considered intoxicated. The first, having a blood alcohol concentration (BAC) of 0.08 or higher, or, not having the normal use of mental or physical faculties because of alcohol, a controlled substance, other drug or a combination.

The first time you are convicted of DWI, you will be charged with a class B misdemeanor. The court is required to impose a minimum of 72 hours in jail, but they can sentence you up to 180 days, a fine that cost $2,000, or a combination of both.

The second time you’re convicted of driving while intoxicated, the courts are less forgiving. You could face a class A misdemeanor that can entail a minimum of 30 days in jail but no more than a year and a fine that can cost up to $4,000. The court may also require that you complete two years of probation or community service and have an interlock device installed on your vehicle.

Other DWI crimes that The Benken Law Firm handles include:

    • DWI with serious bodily injury
    • DWI with minor in the vehicle
    • Intoxicated manslaughter
    • DWI with property damage
    • Intoxication assault

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Vehicular Crimes in Texas

Offenses such as racing, evading arrest and reckless driving are considered vehicular crimes.

All of the mentioned vehicular crimes come with criminal penalties. So even have the change of being felony crimes. For example, if you have been convicted of racing more than twice, or your racing resulted in bodily injury, you could be charged with a state jail felony or third-degree felony.

Reckless driving is a common vehicular crime. Many driving behaviors can be considered reckless, such as speeding, tailgating, racing, running red lights and passing a stopped school bus. The crime is considered a hybrid offense, so prosecutors can charge the crime however they see fit.

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