Understanding Felony Charges in Austin, TX
Felony charges are serious and can impact someone's life significantly more than misdemeanors. Unlike misdemeanor offenses, which carry up to a year of jail time, being convicted of a felony typically includes harsher fines and jail sentences that can go up to life imprisonment.
Moreover, having a felony criminal conviction on your record can make it tough to find a job and result in losing important civil rights like voting.
The consequences of a felony conviction can change your life forever. Working with a skilled attorney is essential when dealing with felony charges to handle these challenges. We at Jason S. English Law, PLLC, are committed to providing focused defense in these cases.
Our team understands the complexities of the criminal justice system and how it affects everyday life. We offer confident representation to help safeguard your future. Whether you've been charged with a felony DUI/DWI or other felonies, our team is ready to assist.
What Is a Felony?
Felony crimes in Texas are classified according to degrees based on the severity of the crime and the penalties involved.
Categories of Texas felony crimes include:
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State Jail Felony: The least severe, often involving crimes like theft of items worth less than $2,500.
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Third-Degree Felony: These might involve charges such as inflicting bodily harm.
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Second-Degree Felony: More serious crimes like robbery fall under this category.
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First-Degree Felony: The second-most severe type of crime in Texas.
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Capital Felony: The most severe type of felony offense in Texas. If convicted, defendants can be executed or spend life in jail, often without the possibility of parole.
The felony degree is the basis for the penalties you may face if convicted of the crime. These penalties can be found in the Texas Penal Code §§ 12.31-12.35.
| | Jail | Fines | Felony Examples |
|---|---|---|---|
|
State Jail Felony |
180 days - 2 years |
Up to $10,000 |
|
|
Third Degree |
2-10 years |
Up to $10,000 |
|
|
Second Degree |
2-20 years |
Up to $10,000 |
|
|
First Degree |
5-99 years |
Up to $10,000 |
|
|
Capital Felony |
Life imprisonment or death |
|
These penalties are standard, but depending on the circumstances, they can be enhanced. For instance, in an enhanced felony for delivery of a controlled substance, fines can well exceed $10,000 and, in some cases, reach $250,000. On the other hand, penalties can be reduced if the classification is reduced.
Common Types of Felonies in Austin
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Drug Crimes
In Austin, TX, felony drug offenses include crimes such as drug possession with intent to distribute and drug trafficking. The penalties for such offenses can be harsh, often leading to individuals spending years behind bars. Individuals with a prior criminal record may face even more severe consequences.
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Violent Crimes
Violent felonies such as aggravated assault, robbery, and manslaughter are serious offenses. The severity of penalties varies based on the nature of the crime and the offender's prior criminal record. Aggravated crimes typically result in longer jail sentences, reflecting the impact on victims and the community.
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Felony DWI (Driving While Intoxicated)
In Texas, DWI charges can quickly escalate from misdemeanors to felonies. A felony DWI often involves factors like prior DWI convictions or causing serious injury. Such charges carry stiffer penalties, including longer jail time, higher fines, and potential loss of driving privileges.
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White Collar Crimes
White-collar crimes include offenses like fraud, embezzlement, and bribery. These crimes are considered felonies due to their complex and deceptive nature. In addition to legal penalties, offenders often face significant financial impact and reputational damage.
The Felony Criminal Process in Austin
When facing felony charges in Austin, understanding the criminal process is crucial.
Arrest
It begins with an investigation, during which law enforcement officers gather evidence. If probable cause or an arrest warrant exists, they may proceed with an arrest.
Within 48 hours of an arrest, the individual must appear before a judge who informs them of the charges. Furthermore, the judge will advise the defendant of their rights, including the right to remain silent and to be represented by an Austin criminal defense lawyer. The judge will also set a bond if allowed by law.
Indictment
The next step is the indictment. Unlike misdemeanor criminal cases, felony cases require an indictment from a grand jury. A grand jury examines the evidence to determine whether there is enough to charge the defendant formally. It's essential to have legal support to ensure the indictment process is fair.
After the criminal charges are filed, the defendant will have to appear before the judge at the arrangement. They will formally hear the criminal charges against them and enter a plea.
Pre-Trial and Trial
During the pre-trial phase, Austin criminal defense attorneys can file motions to suppress evidence that may have been improperly obtained. This stage also allows for negotiation between the defendant's criminal law attorney and the prosecution to potentially reach a plea agreement.
Having an experienced criminal defense lawyer is critical throughout each stage to safeguard the defendant's rights and navigate the complexities of the legal system.
If the case goes to trial, criminal lawyers can protect your rights to a fair trial. That includes the right to cross-examine witnesses and the right against self-incrimination.
The trial culminates in a verdict. If convicted, the sentencing phase follows. The judge considers factors such as the nature of the crime and the defendant's criminal history. An experienced attorney can argue for a reduced sentence or alternative penalties here.
Consequences of a Felony Conviction
In addition to penalties, with sentences varying based on the felony level and any aggravating factors involved, felony convictions also have long-term consequences, including the following:
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In many cases, individuals lose their voting rights, which can change their engagement in society.
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Those convicted of a felony may also face firearm ownership restrictions. This can significantly impact those who value the right to bear arms.
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Employment opportunities can become limited, as certain jobs and professional licenses are off-limits to those with a felony on their record.
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Applying for grants and financial aid can be more challenging, as many programs have restrictions for those with felony convictions.
These consequences can influence many aspects of life long after the sentence is served.
How Jason S. English Law, PLLC Can Help with Your Felony Case
Aggressive Defense Strategies
Jason S. English Law, PLLC, we practice crafting strong defense strategies for felony cases. Our approach includes challenging evidence, questioning witness credibility, and negotiating favorable plea deals. Taking quick action to build a robust defense is crucial, and we prioritize this from the start.
Experience with Local Austin Courts
With a history in the Travis County District Attorney's Office, Jason English, the founder of this law firm, has gained extensive knowledge of felony cases. This experience has also allowed him to become deeply familiar with the Austin courts, local judges, and prosecutors.
Client-Centered Representation
We are committed to providing personalized legal representation. This involves maintaining open communication with you and adapting our strategy to meet the unique needs of your case. By focusing on every detail, we aim to achieve the most favorable outcome possible.
The Importance of Early Legal Representation
When faced with felony charges, hiring a skilled criminal defense attorney as soon as possible is crucial.
Early intervention can greatly influence the outcome of a case. By working with our experienced criminal defense attorney, potential clients can explore legal options and strategies to minimize charges or secure acquittals.
Without professional guidance, individuals risk making critical mistakes. For instance, attempting to talk to law enforcement without skilled guidance can lead to self-incrimination. It's easy to provide information that may be used against you in court without even realizing it.
Moreover, the quicker you hire Austin criminal defense lawyers, the more time they will have to gather evidence and build a strong defense strategy.
In summary, having early legal representation may significantly impact the outcome of a criminal case, making it imperative to consult with Austin criminal attorneys as soon as charges are brought.
Secure Your Future with Jason S. English Law, PLLC: Take Action Today
A conviction of a felony means you have a criminal record. With a criminal record, finding a job, housing, or obtaining a loan or professional license can become more difficult. The same holds true for misdemeanor convictions. But, unlike misdemeanors, those convicted of a felony can also lose their right to vote and to own and use a firearm.
Choosing the right Austin criminal defense attorney is crucial when facing felony charges. At Jason S. English Law, PLLC, we pride ourselves on our experience and dedication.
Reaching out for a free consultation is the first step to securing your future. Contact us today to discuss your legal options and start building a strong defense.
