A state criminal charge in Texas carries real consequences — potential prison time, a permanent record, and lasting effects on your career, your family, and your future. Jim Wheat is a board-certified criminal defense attorney who spent years as a Bexar County prosecutor before switching to the defense. He knows exactly how the DA builds these cases because he built them.

In Texas, state criminal offenses range from Class C misdemeanors to first-degree felonies, and the degree of the charge determines exactly what you are facing. A Class B misdemeanor carries up to 180 days in county jail and a $2,000 fine. A Class A misdemeanor carries up to one year in county jail and a $4,000 fine. A state jail felony carries 180 days to two years in a state jail facility and up to $10,000 in fines. A third-degree felony carries 2 to 10 years in prison. A second-degree felony carries 2 to 20 years. A first-degree felony carries 5 to 99 years, or life, with fines up to $10,000.
A felony conviction in Texas can cost you the right to vote, the right to own a firearm, your professional license, and your employment. Even a misdemeanor conviction stays on your record and surfaces on background checks for housing, jobs, and financial applications — unless it is expunged.
State criminal charges Jim handles in Bexar County include: assault and family violence, drug possession and delivery, DWI and DUI, theft and robbery, burglary and criminal trespass, sex offenses and registration requirements, weapons charges, and property crimes.

Before becoming a defense attorney, Jim Wheat served as a prosecutor in Bexar County, and later as Associate Judge of the 289th District Court. He has tried cases in the Bexar County Justice Center and the Cadena-Reeves Justice Center, and understands the evidence standards, charging decisions, and courtroom strategies the state uses in these specific courts, and where they fall short.
If law enforcement violated your constitutional rights at any stage, whether during the stop, the search, or the arrest, Jim moves to suppress that evidence. What the DA cannot use cannot convict you.
Jim files pretrial motions to suppress illegally obtained evidence, challenge chain of custody, and exclude unreliable testimony. Cases are often won or resolved favorably before they ever reach a jury.
Because Jim understands how prosecutors evaluate cases, he negotiates with credibility. When a reduced charge or dismissal is achievable, Jim pursues it. When it is not, he prepares for trial.
With more than 30 years in Bexar County courtrooms, Jim is a proven trial attorney. He prepares every case as if it is going to trial, which strengthens every negotiation along the way.
Most people have never been through the state criminal process. Understanding each stage helps you make informed decisions and act before your options close.
1
After arrest, you are taken before a magistrate who sets bail and informs you of the charges. Jim can appear at this stage to advocate for a reasonable bail amount and begin building the defense immediately.
2
Felony charges must be indicted by a grand jury. Misdemeanor charges are filed by information directly from the DA. Bexar County felony cases are heard in the district courts at the Bexar County Justice Center, and Jim can present exculpatory evidence to the grand jury and challenge whether charges should move forward at all.
3
Jim reviews all evidence the state intends to use, files motions to suppress unconstitutionally obtained evidence, and challenges the case at every point before trial. Many cases are resolved or significantly reduced at this stage.
4
If the case goes to trial, Jim is ready. If a negotiated resolution serves your interests, Jim pursues it from a position of documented strength. Every case is prepared for the courtroom so that every deal is made on your terms.
Most defense attorneys only know one side of the courtroom. Jim has worked all three — as a prosecutor building cases, as a judge evaluating them, and as a defense attorney dismantling them.Read more about Jim's background as a former judge and prosecutor.
Fewer than 1% of Texas attorneys hold this credential. It requires demonstrated experience, peer review, and a rigorous written examination by the Texas Board of Legal Specialization.
Jim spent years building state criminal cases in these courtrooms before switching to the defense. He knows the charging decisions, evidence standards, and negotiating patterns of the Bexar County DA's office.
Serving as a judge gave Jim direct insight into how courts evaluate motions, weigh evidence, and make decisions in criminal cases. That perspective sharpens every argument he makes on your behalf.
You will not be handed off to a junior associate or paralegal. When you hire Jim Wheat, Jim Wheat is in the courtroom, at the hearing, and on the phone when you call.
Across more than 30 years, Jim has handled thousands of state criminal cases in San Antonio. That depth of local experience matters in pretrial negotiations, motions practice, and trial strategy.
Jim prepares every case as if it will go to trial. That preparation signals to prosecutors that their case will be tested and produces better negotiated outcomes for clients whose cases do not reach a jury.
★★★★★
I was facing a felony charge and had no idea where to turn. Jim took my case, challenged the evidence, and got the charge reduced. He knew exactly what the DA was going to do before they did it. I cannot recommend him enough.
Marcus R., San Antonio
Answers to what most people want to know before calling. If you don't see your question here, call — consultations are free.
(210) 224-9300
Call an attorney immediately. Do not speak to law enforcement, do not make statements, and do not consent to searches without an attorney present. The decisions made in the first hours after a state criminal arrest can affect the entire outcome of your case. Call Jim Wheat at (210) 224-9300.
Misdemeanors are divided into Class A, B, and C and carry penalties ranging from fines to county jail time up to one year. Felonies range from state jail felonies through first-degree felonies and can carry prison sentences from 180 days to life. Both carry lasting collateral consequences unless addressed through expunction or nondisclosure.
Yes. Many state criminal cases are reduced, dismissed, or resolved through deferred adjudication before trial. Jim evaluates every case for constitutional issues, evidentiary weaknesses, and prosecutorial discretion opportunities that can lead to a better outcome.
Yes. State criminal convictions in Texas appear on background checks and are accessible to employers, landlords, and licensing boards. Some convictions may be eligible for expunction or an order of nondisclosure, which limits what surfaces. Jim advises on record relief options from the start of every case.
Learn more about expunction and nondisclosure eligibility.Yes. Jim handles the full range of state criminal charges in Bexar County, from Class A misdemeanors through first-degree felonies. Every case receives the same level of preparation and personal attention regardless of charge level.
See how Jim defends violent crime charges.Facing a DWI charge specifically? See Jim's DWI defense approach.Timelines vary by charge level and complexity. Misdemeanors may resolve in a few months. Felony cases, especially those going to trial, can take a year or more. Jim keeps clients informed throughout and works to move cases forward efficiently without sacrificing the defense.
When you contact Jim Wheat, here is exactly what happens:
1
Jim listens to what happened, asks about the charges and circumstances of the arrest, and finds out where things stand with the Bexar County DA's office.
2
Jim explains what you are facing, what the timeline looks like, and which defense strategies apply to your specific charges.
3
You leave the conversation with a clear picture of your options. No obligation, no pressure, and no charge.