Reform FAQ

The penalty for assault depends on the type of charge, such as a misdemeanor, felony, felony aggravated, or felony assault with a weapon.Misdemeanor assault is punishable by no more than one year in prison and/or a maximum fine of $4,000 because it is a Class A crime. A third degree felony assault may be punishable by two to 10 years imprisonment, and/or a fine of up to $10,000. A misdemeanor assault charge may be increased to a felony assault depending on the individual the crime was committed against, such as a family member or a romantic partner, a public servant on duty, a security guard, or emergency services worker.Felony aggravated assault or assault with a weapon can result in a prison sentence of two to 20 years. If there is a history of family or domestic violence, or the act was committed against a public servant, security guard, informant, or witness to the crime, the charge may be increased to a first degree felony aggravated assault. First degree aggravated assault may result in five years to life imprisonment.

Illegal drugs are grouped into five categories in Texas and the penalties range from one year imprisonment and a maximum fine of $4,000 to life imprisonment and a fine of up to $250,000. Below is a list of the groups of drugs, the types of drugs within each group, and the maximum penalty for each drug group.
Group 1 Drugs include cocaine, heroin, and methamphetamine. The minimum possession charge for a group 1 drug is a state felony, while the maximum possession charge is a first degree felony. The penalty for a group 1 drug is two years imprisonment and a $10,000 fine, however, the possession of 400 grams or more can result in a maximum sentence of life in prison. Group 1A Drugs include LSD and hallucinogens. The minimum possession charge for a group 1A drug is a state felony, while the maximum possession charge for a group 1A is a first degree felony. The minimum penalty for a group 1A drug is two years imprisonment with fines of $10,000, while the maximum penalty for a group 1A drug is life imprisonment with fines imposed up to $250,000 if the drug possession is more than 400 grams.
 Group 2 Drugs include ecstasy, PCP, mescaline. The minimum possession charge for a group 2 drug is a state felony, while the maximum possession charge for a group 2 drug is a first degree felony. The minimum penalty for a group 2 drug is two years imprisonment for less than one gram, and a maximum sentence of life imprisonment with fines up to $50,000 possession of 400 grams or more.
 Group 3 & 4 Drugs include Valium, Ritalin, and various chemical compounds. The minimum possession charge for a group 3 & 4 drug is a state felony, while the maximum possession charge for a group 3 & 4 drug is a first degree felony. The minimum penalty for a group 3 or 4 drug cannot exceed one year imprisonment and/or a fine of $4,000, while the maximum penalty for possession of more than 400 grams of group 3 or 4 drugs is life imprisonment with fines imposed up to $50,000.
If you find yourself in a situation where you believe you need an attorney, or if you have been charged with a drug related offense and you want an experienced and knowledgeable attorney in Austin to help you defend yourself against the charges, please contact the attorneys at Peek Law Group.

Marijuana is classified as a separate group and carries different penalties than the other drug groups in Texas law. Marijuana possession charges range from a Class B misdemeanor to a first degree felony. If convicted, the penalty for possession of marijuana can range from 180 days imprisonment and a $2,000 fine to a maximum penalty of life imprisonment and a fine of $50,000 for possession of more than 50,000 pounds of marijuana. If you are facing marijuana possession charges and you seek an experienced and knowledgeable attorney, contact Peek Law Group.

The penalty for theft depends on the severity of the theft. The charge and the punishment’s severity correlate with the worth of the item stolen. For example, an individual who steals a video game worth less than $50 will likely receive a Class C misdemeanor, which is punishable by a fine of less than $500. However, an individual who embezzles millions of dollars from his or her company could be charged with a first degree felony punishable by five years to life imprisonment. To better understand the penalties for theft, please review the following:
Class C Misdemeanor applies to a theft amount of less than $50 or less than $20, if by check. The penalty is a maximum fine of $500.
Class B Misdemeanor applies to a theft of $50 or more, but lower than $500, or a theft of $20 or more, but less than $500 by check. The penalty is imprisonment that does not exceed 180 days in a county jail and/or a fine not to exceed $2,000.
Class A Misdemeanor applies to a theft of $500 or more, but less than $1,500. The penalty is imprisonment not to exceed 1 year in county jail and/or a fine not to exceed $4,000.
State Jail Felony applies to a theft of $1,500 or more but less than $20,000. The penalty is Imprisonment ranging in length from 180 days to 2 years in state jail and/or a fine not to exceed $10,000.
Third-Degree Felony applies to a theft of $20,000 or more but less than $100,000. The penalty is Imprisonment ranging in length from 2 to 10 years in state prison and/or a fine not to exceed $10,000.
Second-Degree Felony applies to a theft of $100,000 or more but less than $200,000. The penalty is imprisonment ranging in length from 2 to 20 years and/or a fine of not to exceed $10,000.
First Degree Felony applies to a theft of $200,000 or more. The penalty is imprisonment ranging in length from 5 years to life imprisonment and/or a fine not to exceed $10,000.

Texas has a Shoplifting Liability Act, which allows the store owner to sue a convicted shoplifter civilly for the cost of the stolen good and for the cost of recovery. If an individual is convicted of shoplifting, the store owner may bring a civil action against the individual to recover not only the cost of the good, but up to $1,000 from the individual for actual damages. Additionally, if a minor is convicted of shoplifting, his or her parents may be liable to the shop owner up to $5,000 for actual damages. If you find yourself in a situation where you are being sued civilly for shoplifting, the attorneys at Peek Law Group are experienced Austin criminal defense attorneys who can counsel and advise you so your interests are protected. Please contact us for more information or if you have any questions.

The simple answer is cost and value. When you hire a bail bond company, you will typically pay 11% of the face value of the bond, keeping in mind that you still need to hire an attorney. None of the money you pay a bail bond company is returned to you. When you hire Peek Law Group , you will pay approximately 9% of the face value of the bond and all of the money you pay toward your jail release will be credited toward your legal retainer. With Peek Law Group , you will have a respected law firm to secure your release from jail and provide your legal defense.

Under the new immigration policy, you may request temporary relief from deportation if you pass criminal and national security background checks, pay a nominal fee and contribute your fair share towards taxes, in addition to the following criteria:
– You arrived in the U.S. prior to your 16th birthday and have resided in this country continuously at least since January 1, 2010 (Deferred Action for Childhood Arrivals or DACA).
– You are the parent of a U.S. citizen or lawful permanent resident who has been in the country at least since January 1, 2010 (Deferred Action for Parental Accountability or DAPA).
In addition to a deferred deportation action, qualifying individuals may also be granted work authorization for three years.

Individuals seeking DACA benefits may apply for them now. Unfortunately, DAPA applications will not be accepted until May 2015. If you are planning to apply for DAPA benefits, you should start preparing now by gathering the proper documents which establish your identity, the fact that you have lived in the U.S. for at least five years, and other vital information.

Thankfully, there is an exemption for individuals who qualify for forthcoming DAPA changes yet face immediate deportation. Consult with an attorney to learn more about how you can halt the deportation process.

Unfortunately, you do not qualify for the new benefits unless you have been in the country for at least five years. However, you should still consult with an attorney to explore other options of securing temporary or even permanent residency in the U.S. Rather than live in fear of deportation, it is better to go through the proper legal channels so you can live your life in peace.

The sad truth is that the immigration reform has been followed by a surge of immigration scams. Don’t risk your finances and your security by going to a dishonest notary or false lawyer. Contact us instead. Peek Law Group is a highly reputable, established firm that has been in practice for many years. You can trust us to not only do honest work but also use our expertise to get you through the application process in an efficient fashion, so you can begin or resume your life in the U.S. without having to worry about deportation.

The basic process requires a person to be a permanent resident. Additionally, an individual may be eligible for naturalization if s/he is:
– 18 or older;
– A permanent resident for a specific amount of time (usually five years, but less for some individuals);
– A person of good moral character;
– Has basic knowledge of U.S. history and government;
– Has a period of continuous residence and physical presence in the U.S., and
– Able to read, write, and speak English.
However, there are exceptions to this rule based on the applicant’s age and years of permanent residence in the U.S. Additionally, certain spouses of U.S. citizens and those who have served in the U.S. military during the past war or currently in combat may be eligible to apply for naturalization sooner. However, fulfilling all these requirements does not necessarily mean a person will be granted citizenship. A person seeking citizenship must also pass an English literacy and civics test, show that s/he is of good moral character, and take an Oath of Allegiance to uphold the U.S. Constitution.

The U.S. government has determined that the definition of good moral character requires that the person applying for citizenship be of good moral character for at least five years prior to their application.
The law states that a person is not of good moral character if:
The person was convicted of an aggravated felony after November 29, 1990, even if the conviction was more than five years prior to the citizenship application. A person seeking citizenship should consult with an attorney if they are unsure if their prior misdemeanor or felony is classified as an aggravated felony under U.S. immigration law.
Even if an individual has never been convicted of a felony, the U.S. government may decide to review an individual’s entire history prior to the five years of good moral character to determine whether the individual is of good moral character.

Yes, it is recommended that you take a moment to review the study materials that are available online. If an individual fails either portion of the Civics Test or English Test, s/he will be granted one additional opportunity to take the section of the exam s//he failed within 90 days of failing. If the individual fails the exam a second time, his or her application will be denied.

You will have the following two options:
The denied applicant may request a N-336 Hearing with a new hearing officer;
The denied applicant may petition a federal district court to review the application.
This is a form of judicial review. If your Naturalization application has been denied, please contact the Peek Law Group . Our attorneys have years of experience with immigration law and can help you understand your options.

You may be eligible for citizenship through your parents if:
– Each parent is U.S. citizens, both parents were married at the time of birth, and at least one parent was living in the U.S. prior to the birth of the child;
– One parent is a U.S. citizen, both parents were married at the time of the birth, the U.S. citizen parent had been physically present in the U.S. or its territories for a period of five years at some time in his or her life prior to the birth, in which two of those years were after the parent’s 14th birthday, and the child’s birthday is on or after November 14, 1986, or
– One parent is a U.S. citizen, both parents were married at the time of the birth, the U.S. citizen parent had been physically present in the U.S. or its territories for a period of ten years at some time in his or her life prior to the birth, in which five of those years were after the parent’s 14th birthday, and the child’s birthday is after October 10, 1952 but before November 14, 1986.
A child born outside the U.S. is a citizen after birth through their parents if:
– At least one parent is a U.S. citizen, the child is currently under the age of 18, residing in the U.S. in the legal and physical custody of the U.S. citizen parent, and the child was under the age of 18 or not yet born on February 27, 2001; or
– The child was under the age of 18 from December 24, 1952 to February 26, 2001, the child was residing as a green card holder in the U.S. and one of the following events took place:
 Both parents naturalized the before the child’s 18th birthday or if:
– One parent is deceased and the surviving parent naturalized before the child turned 18;
– The parents legally separated and the parent maintaining legal an physical custody naturalized before the child turned 18;
– The child was born out of wedlock, there is no legally established paternity and the mother naturalized before the child turn 18; or
– The child was adopted by a U.S. citizen parent, the child resides legally in the U.S. in the legal and physical custody of the U.S. citizen parent and meets the following conditions after February 27, 2001 but before his or her 18th birthday:
– The adopted child was adopted before his or her 16th birthday and the parents had legal custody and resided with the child for at least two years; or
– The child was admitted to the U.S. as an orphan (IR-3) or Convention adoptee (IH-3) whose adoption by his or her U.S. citizen parent(s) was fully completed abroad; or
– The child was admitted to the U.S. as an orphan (IR-4) or Convention adoptee (IH-4) who came to the U.S. to be adopted and the child’s adoptive parent(s) completed the adoption before his or her 18th birthday.

An individual may be eligible to obtain a green card if the applicant is:
– An immediate relative of a U.S. citizen, which includes the following:
•A spouse;
•An unmarried child under the age of 21; and
•Parents of a U.S. citizen petitioner who is 21 years or older;
– A family member of a U.S. citizen fitting into a preference category, which includes the following:
•Unmarried sons or daughters over the age of 21;
•Married child(ren) of any age;
•Brothers and sisters (if the U.S. citizen petitioner is over the age of 21).
– A family member of a green card holder; which includes the following:
•A spouse; and
•An unmarried child of the sponsoring green card holder;
– A member of a special category, which includes the following:
•Battered spouse or child;
•A K non-immigrant;
•A person born to a foreign diplomat in the U.S.;
•A V non-immigrant; or
•A widow or widower of a U.S. citizen.

There are primary methods of obtaining a green card through an employer; however, before an immigrant seeking a green card through an employer can apply for a green card, the employer may have to meet certain requirements with the Department of Labor.
The four methods of obtaining a green card through an employer are as follows:
– Green Card Through a Job Offer
– Green Card Through an Investment
– Green Card Through Self Petition
– Green Card Through Special Categories of JobsFor example, an employer seeking to employ an immigrant with a certain status must show that there are not enough able, willing, and qualified U.S. workers in the geographic location who can fulfill the position and that no U.S. workers are displaced by the foreign workers. In some instances, an employer may seek a foreign employee with extraordinary ability in a certain profession, and investors or entrepreneurs are given priority to immigrate.

A foreign visitor must disprove a presumption that s/he is intending to immigrate. To disprove this presumption, a visitor must demonstrate to the consulate or consular officer at the embassy:
– The purpose of the foreign visitor’s stay in the U.S. is for business, pleasure, or medical treatment;
– The visitor plans to stay in the U.S. for a limited, specific amount of time;
– The visitor has evidence of sufficient funds to cover the expense of his or her stay in the U.S.;
– The visitor has evidence of compelling social and economic ties abroad; and
– The visitor has a place of residence outside the U.S. in addition to binding ties that ensure their return abroad at the end of the visit.

To obtain a visa, a foreign visitor must apply for a visa at the U.S. Embassy or the consulate in the country or jurisdiction where the visitor permanently resides. A foreign visitor may apply for a visa outside his or her country; however, it is more difficult to qualify for a visa outside the visitor’s home country.
Anyone between the ages of 14 and 79 is required to participate in an interview process before obtaining a visa. Even though those over the age of 80 and under the age of 13 are generally not required to interview, the U.S. Embassy or consulate may still request an interview.
The interview is the first step for applying for a visitor visa. The wait time for obtaining an interview can be long; therefore, it is important for the foreign visitor to begin the visa application process as soon as possible.

If an applicant’s visitor visa is denied, an applicant may re-apply for a visa if s/he has evidence to overcome the denial. Please contact the Peek Law Group if your visitor visa has been denied and our experienced immigration attorneys can help you with your re-application.

Deferred action is not permanent residency and it is not citizenship. Deferred action is a discretionary act of prosecutorial discretion that defers a removal action of an immigrant. While the immigrant is in deferred action, the immigrant will not be removed (deported) from the U.S.

The immigrant must have come to the U.S. under the age of sixteen;
– Have continuously resided in the U.S. for at least five years preceding June 15, 2012 and must be present in the U.S. on June 15, 2012;
– Currently in school, a graduate from high school or GED recipient, or is honorably discharged as a veteran of the Coast Guard or Armed Forces of the U.S.;
– Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and
– Not above the age of 30.

According to the U.S. Department of Homeland Security deferred action will only be granted for two year periods. When the two year period expires, the immigrant will need to renew the deferred action and have his or her case reviewed.

What if I Have a Pending Removal (Deportation) Case Against Me or I Have a Final Order of Removal (Deportation) Against Me?

The new directive applies to those individuals who have pending removal cases against them and those who have final orders of removal against them. Regardless of pending removal proceedings or a final order of removal, an individual who meets all the criteria may request review of his or her case for deferred action.

Deferred Action for Childhood Arrivals: Does Deferred Action Apply to Individuals Who Are Not in Removal (Deportation) Proceedings or Have a Final Order of Removal Against Them?

Yes. However, those individuals who meet the criteria must request review by the USCIS.

Deferred Action for Childhood Arrivals: Does Deferred Action Provide Individuals With a Path to Citizenship or Permanent Legal Status?

No, deferred action does not grant any further permanent legal status or citizenship. However, deferred action does not allow those individuals who meet the criteria to live and work in the U.S. for the two year period.

Yes, those individuals who meet the criteria and are approved for deferred action may apply for employment authorization.

Based on the information we have received, Congress is still considering the DREAM Act and how best to provide certainty to young immigrants living in the U.S.