1. Valenzuela Law Firm
Focus Area: Federal and state criminal defense with Ivy League credentials
Practice Areas: Sex offenses, fraud, homicide, federal crimes, drug crimes, white collar crimes, violent crimes
Background: Founding attorney Felix Valenzuela was born and raised in El Paso and graduated from The University of Texas at El Paso before attending Yale Law School. Attorney David Nunez is also a native El Pasoan who served in the U.S. Marine Corps and worked as an Assistant District Attorney before joining the firm. The firm has worked on many high-profile federal cases that garnered national media attention, including the Walmart shooting case. Outside attorneys and law firms frequently refer cases to Valenzuela Law when matters become too complex for them to handle.
Location: El Paso, Texas (call before visiting)
Contact: (915) 292-3173 | https://www.valenzuela-law.com/
Consultation: Available for in-person, phone, or video meetings; can meet with clients in jail
2. Benjamin Law Firm
Focus Area: Criminal defense with Board Certified specialist
Practice Areas: Federal crimes, drug crimes, DUI/DWI, assault, sex crimes, violent crimes, border-related offenses, SafeSport cases
Background: Attorney Brock Morgan Benjamin is one of only six Texas Board of Legal Specialization-Certified criminal law attorneys serving El Paso County and surrounding areas. Both attorneys, Brock Morgan Benjamin and Bryan Herrera, have been admitted to practice in the United States District Court for both the Western District of Texas and the District of New Mexico. The firm has represented clients in more than 2,000 cases and has earned a success rate of over 90 percent. The firm is also one of only a select few to handle cases at the U.S. Center for SafeSport.
Location: El Paso, Texas (serves El Paso County, Las Cruces, and surrounding areas)
Contact: (915) 320-6730 | https://www.brockmorganbenjamin.com/
Consultation: Consultation available; Tambien hablamos Español
3. Joseph Veith Law
Focus Area: Criminal defense with former prosecutor experience
Practice Areas: DUI/DWI, drug crimes, assault, domestic violence, theft, federal crimes, immigration-related criminal matters
Background: Attorney Joseph R. Veith is a former felony prosecutor who approaches each criminal case with a unique perspective. He knows how the prosecution prepares and uses that knowledge to his advantage when reviewing facts and evidence. He also served as a civil litigator at a prestigious Seattle law firm. Attorney Veith was featured in the Emmy Award-Winning HBO VICE News Documentary, “Zero Tolerance,” where he led the fight to reunite an immigrant family. He considers himself not just a litigator but a relentless trial attorney.
Location: El Paso, Texas
Contact: (915) 600-6045 | https://www.jveithlaw.com/
Consultation: Free initial consultation; Hablamos Español
4. Quiñonez Law Firm
Focus Area: Criminal defense serving the El Paso community
Practice Areas: Assault, aggravated assault, federal crimes, murder, domestic violence (family violence), DWI, theft, burglary, drug crimes
Background: The Quiñonez Law Firm handles a wide range of criminal defense cases and is proud to serve the entire El Paso community. The staff is bilingual to ensure clients feel comfortable and confident with the service they receive. The firm provides representation for both state court cases and federal cases that may arise from crimes crossing state lines. The attorneys work to help clients receive favorable dispositions in their cases.
Location: El Paso, Texas
Contact: (915) 533-0009 | https://quinonezlawfirm.com/
Consultation: Confidential consultation available
5. Nava Law Texas
Focus Area: Criminal defense with former prosecution experience
Practice Areas: DUI/DWI, drug crimes, assault, domestic violence, theft, misdemeanors, felonies
Background: Attorney Alyssa Nava has almost a decade of experience in El Paso and has created strong, lasting relationships with her colleagues. She is known in the legal community for her integrity, hard work, and knowledgeable evaluations of cases during plea negotiations. She has successfully negotiated fair and just pleas, including dismissals. Over her time as a prosecuting attorney, Alyssa Nava gained a deep understanding of the jury selection process and the psychology of jury members. She believes there is no one-size-fits-all approach when defending clients and strives to offer innovative and unique strategies.
Location: El Paso, Texas
Contact: Available through website | https://www.navalawtexas.com/
Consultation: Available for consultation
Criminal Defense Laws in Texas
Felony Classifications
Texas classifies felonies into five categories:
Capital Felony: Reserved for capital murder (murder of a peace officer, child under 10, during commission of certain felonies, etc.). Punishment is death or life imprisonment without parole.
First Degree Felony: Includes murder, aggravated kidnapping, aggravated sexual assault, and aggravated robbery. Penalties range from 5 to 99 years or life in prison and fines up to $10,000.
Second Degree Felony: Includes manslaughter, robbery, and sexual assault. Penalties range from 2 to 20 years in prison and fines up to $10,000.
Third Degree Felony: Includes intoxication assault, stalking, and certain drug offenses. Penalties range from 2 to 10 years in prison and fines up to $10,000.
State Jail Felony: Includes theft ($2,500-$30,000), certain drug possession, and burglary of a building. Penalties range from 180 days to 2 years in state jail and fines up to $10,000.
Misdemeanor Classifications
Class A Misdemeanor: Includes DWI (first offense), assault causing bodily injury, and theft ($750-$2,500). Maximum penalty of 1 year in jail and fines up to $4,000.
Class B Misdemeanor: Includes DWI (under .15% BAC), criminal trespass, and theft ($100-$750). Maximum penalty of 180 days in jail and fines up to $2,000.
Class C Misdemeanor: Includes disorderly conduct, public intoxication, and theft under $100. Maximum penalty of fines up to $500 (no jail time).
Record Clearing Options
Texas offers several record clearing options:
Expunction: Available for acquittals, pardons, certain dismissed charges, and arrests without charges filed. Expunction completely destroys the record.
Order of Non-Disclosure: Seals records from public access for those who completed deferred adjudication for certain offenses. Waiting period: immediate to 5 years depending on offense.
Automatic Non-Disclosure: Texas has implemented automatic non-disclosure for certain first-time DWI offenders who complete an ignition interlock device requirement.
Ineligible Offenses: Sex offenses, murder, aggravated kidnapping, family violence offenses, and stalking are generally not eligible for non-disclosure.
DWI Laws
Texas has strict DWI laws. BAC of .08% or higher (.04% commercial, .02% under 21) constitutes DWI. First offense Class B misdemeanor carries 72 hours to 180 days jail (6 days minimum if open container), $2,000 fine, 90-365 day license suspension. Texas has an implied consent law. Enhanced penalties for BAC .15% or higher (Class A misdemeanor).
Border-Related Considerations
As a border city, El Paso criminal cases often involve federal jurisdiction. Border-related offenses such as drug trafficking, human smuggling, and illegal entry are prosecuted in federal court with mandatory minimum sentences. Non-citizens face potential immigration consequences including deportation. An attorney experienced in both state and federal court, as well as immigration implications, is essential for El Paso defendants.
Frequently Asked Questions
What makes El Paso criminal cases unique due to its border location?
El Paso’s location on the U.S.-Mexico border creates unique legal considerations. Many criminal cases involve federal jurisdiction because border-related offenses are federal crimes. Drug trafficking, human smuggling, and illegal entry cases are prosecuted in federal court with mandatory minimum sentences. The U.S. Attorney’s Office for the Western District of Texas actively prosecutes these cases. For non-citizens, even minor criminal charges can have severe immigration consequences including deportation, visa revocation, or bars to future entry. Criminal defense attorneys in El Paso, like those at Valenzuela Law and Benjamin Law Firm, have experience in both federal and state courts and understand the intersection of criminal and immigration law.
What is Texas Board of Legal Specialization certification in criminal law?
Texas Board of Legal Specialization certification in criminal law indicates that an attorney has met rigorous standards of competence and experience. Only a small number of Texas attorneys hold this certification. Requirements include substantial experience handling criminal cases, passing a comprehensive examination, peer review, and ongoing continuing education. In El Paso, Attorney Brock Morgan Benjamin at Benjamin Law Firm is one of only six such certified attorneys in the area. This certification provides an objective measure of expertise that can be valuable when selecting an attorney for serious criminal charges.
What is deferred adjudication in Texas and how does it work?
Deferred adjudication in Texas is a form of probation where you plead guilty or no contest, but the judge does not enter a finding of guilt. Instead, the judge defers the adjudication of guilt while you complete probation. If you successfully complete all probation conditions, the case is dismissed without a conviction. This allows you to truthfully say you were not convicted of the offense. However, the arrest and deferred adjudication remain on your record unless you obtain an Order of Non-Disclosure. Waiting periods for non-disclosure vary: some misdemeanors qualify immediately upon completion, while felonies typically require a 5-year wait. Some offenses (family violence, sex offenses) are not eligible for non-disclosure even after deferred adjudication.
What happens if I am arrested in El Paso but live in another state or country?
If you are arrested in El Paso while visiting from out of state or another country, you will be processed through the El Paso County criminal justice system. You will typically be arraigned and may be required to post bond. For non-citizens, immigration authorities (ICE) may place an immigration detainer, complicating release. Your case will proceed in El Paso courts, which may require you to return for hearings. An El Paso criminal defense attorney can sometimes arrange to waive your personal appearance for certain hearings, or negotiate conditions that minimize travel requirements. For serious charges, hiring a local attorney who knows the El Paso courts and can appear on your behalf is essential.
What are the consequences of a drug conviction in El Paso on my immigration status?
Drug convictions in El Paso can have severe immigration consequences. Under federal immigration law, most drug offenses (except a single offense of simple possession of 30 grams or less of marijuana) are deportable offenses for non-citizens. Even lawful permanent residents can be deported. Drug trafficking is an aggravated felony with mandatory deportation and bars to future relief. For those seeking citizenship, drug convictions generally bar a finding of good moral character. Even if criminal charges are reduced or dismissed, immigration authorities may still deny applications based on the underlying conduct. El Paso attorneys experienced in both criminal defense and immigration law, like Joseph Veith who was featured in the HBO documentary “Zero Tolerance,” understand these intersecting issues.