Dealing with any criminal accusation

Definitely, this is an unwelcome experience, but when it comes to felony charges, the implications are far more severe. Those accused of felonies are up against the most formidable life challenge they will likely ever have to face, and the path ahead can seem overwhelming and unclear. The threat of substantial prison time, hefty fines, and the lifelong mark of a felony charge on their criminal record highlight the dire need for effective action to avoid these devastating repercussions.

The steps you take immediately after being accused of a felony are the most important, as they can either pave the way for a favorable outcome or jeopardize the strength of your defense. Yet amidst the uncertainty, a vital resource is available to you: the power of proficient legal representation.

As you navigate this difficult terrain, remember that you possess the right to utilize a skilled attorney’s experience, challenge the prosecution’s case against you, and mount a robust defense to secure your freedom. Only the guidance of an experienced legal advocate can provide the clarity and support you need.

The dedicated defense attorneys at the Law Office of David D. White, PLLC, are here to answer the call.

Felony Charges in Texas

In Texas criminal law, felonies are the most serious offenses, embodying a level of gravity that can profoundly impact the lives of those accused. Unlike lesser charges, felonies are marked by their severity, often involving acts that substantially harm individuals, communities, or society. The implications of a felony charge are far-reaching and can extend well beyond the legal penalties, affecting personal and professional opportunities, reputation, and even fundamental rights.

Many types of crimes can be classified as felonies in Texas, such as violent crimes, major theft, or drug trafficking. Felonies often involve criminal acts committed with more significant intent or under aggravating circumstances. Conversely, misdemeanors encompass less severe infractions, such as minor theft, simple assault, or disorderly conduct, and may arise from actions that are less premeditated or with fewer aggravating factors. Also, the legal process for felonies tends to be more complex and involved, often taking much longer than misdemeanors to resolve.

Common Examples of Felony Offenses

At the Law Office of David D. White, PLLC, our success lies in providing comprehensive legal defense to individuals confronting a spectrum of serious charges. Some of the most common examples of felony charges that we defend against include:

• Aggravated Assault: Involves the intentional infliction of serious bodily harm on another person, often with the use of a weapon or under aggravating circumstances that increase the severity of the offense.
• Burglary: Refers to entering a building or property unlawfully with the intent to commit a theft, felony, or assault while inside.
• Child Abuse: Involves inflicting physical, emotional, or psychological harm on a minor.
• Homicide: Encompasses various forms of unlawful killings, including murder and manslaughter, with varying severity based on intent and circumstances.
• Drug Crimes: Encompass a wide range of offenses related to the possession, distribution, manufacturing, or trafficking of controlled substances.
• Felony DWI: Involves driving while intoxicated with previous DWI convictions, causing accidents with injuries, or having minors as passengers.
• Aggravated Robbery: Involves theft with violence, a weapon, or threats that put the victim’s life at risk.
• Sex Crimes: Encompass offenses such as rape, sexual assault, child pornography, indecency with a child, and other acts involving non-consensual sexual activities.
• White Collar Crimes: Include fraud, embezzlement, money laundering, and other financially motivated offenses committed in the corporate sphere.

Felony Classifications in Texas

In Texas, criminal law is structured with a tiered classification system that designates the severity of offenses based on various factors. The five degrees of felonies are state jail felonies, first-degree, second-degree, third-degree, and capital felonies. Each degree holds distinct legal considerations, potential penalties, and avenues for defense. However, regardless of the degree, any felony charge can carry a fine of up to $10,000. The Texas felony classification system is structured as follows.

State Jail Felonies

At the lower end of the felony spectrum, state jail felonies encompass offenses with penalties that range from 180 days to two years of incarceration in state jail. These offenses include certain DWI cases, theft of property between $1,500 and $20,000, unauthorized use of a motor vehicle, and drug possession of certain substances. Additionally, community supervision (probation) may be an alternative to jail time for state jail felonies, often accompanied by fines.

Third-Degree Felonies

Third-degree felonies come with prison terms ranging from two to ten years, accompanied by fines. Offenses falling under this category include aggravated assault, intoxication assault, and certain drug possession cases. The potential for probation remains, but the penalties reflect the elevated seriousness of the offenses.

Second-Degree Felonies

Penalties for second-degree felonies include imprisonment for two to twenty years and fines. Crimes such as aggravated robbery, certain sexual assault cases, and drug possession of larger quantities fall within this classification.

First-Degree Felonies

At the apex of non-capital felonies, first-degree offenses can result in prison terms of five to ninety-nine years or life imprisonment, coupled with substantial fines. Crimes like aggravated sexual assault, certain murder cases, and human trafficking fall into this category.

Capital Felonies

The most severe felony classification, capital felonies are associated with the most heinous crimes, such as capital murder. Punishments can include life imprisonment without parole or even the death penalty.

The Legal Process for Felonies in Texas

The legal process for felony cases is a multifaceted journey marked by distinct stages, each with its procedures and implications. From the initial arrest to potential appeals, understanding the trajectory of a felony case is critical for the accused and their legal representatives to prepare a robust legal strategy. Below is an outline of the typical stages of a felony case:

• Arrest and Initial Appearance: The process commences with the arrest, where law enforcement apprehends the suspect based on probable cause. Following the arrest, the accused is brought before a magistrate judge for an initial appearance, where the charges are formally presented and bail or release conditions are established.
• Grand Jury Indictment: In felony cases, the prosecution often presents evidence to a grand jury to determine if there is sufficient cause to proceed with formal charges. The case proceeds to the next stage if the grand jury issues an indictment.
• Arraignment: During this stage, the defendant appears before the court to enter a plea—usually guilty, not guilty, or no contest. The court also informs the accused of their rights and ensures they understand the charges against them.
• Pretrial Proceedings: This phase encompasses various pretrial motions, such as motions to suppress evidence, dismiss charges, or reduce charges to a lesser offense. In some cases, plea agreements can be reached. The prosecution and defense discover, gather, and share evidence to build their respective cases.
• Jury Selection: If a plea agreement is not reached, the case proceeds to trial and begins with jury selection. Jury selection takes place after the pretrial proceedings and before the trial itself. During this stage, the prosecution and the defense have the opportunity to question potential jurors and select a panel that is deemed fair and impartial.
• Trial: Once a jury has been appointed, the formal trial can begin. The trial involves presenting evidence, cross-examining witnesses, and arguing before the jury. The burden of proof rests on the prosecution, requiring them to prove the defendant’s guilt beyond a reasonable doubt.
• Verdict and Sentencing: After the trial concludes, the jury deliberates and delivers a guilty or not guilty verdict. If the defendant is found guilty, the court proceeds to the sentencing phase, where penalties are determined based on the severity of the offense, prior criminal history, and other relevant factors. A not guilty verdict means the defendant is released the same day.
• Appeals: If convicted, the defense may have the right to appeal the verdict based on legal errors or constitutional violations during the trial. Appeals can lead to a review by a higher court and, in some cases, a new trial.
• Post-Conviction Relief: Beyond appeals, some individuals may explore avenues for post-conviction relief, such as seeking a pardon, commutation, or parole.

You should always consult with an experienced felony lawyer in Austin when charged with a crime. Call the Law Office of David D. White, PLLC, today to discuss your case and build a strong defense to the charges levied against you.

Rights of the Accused

When facing felony charges, defendants are afforded various constitutional rights that serve as essential safeguards within the criminal justice system. These rights are designed to ensure a fair and just legal process, protect against potential abuses of power, and uphold the principles of due process. As a citizen facing a felony charge in Texas, your rights include:

• The Right to an Attorney: The Sixth Amendment guarantees the right to legal representation. This includes the right to decline answering questions or appear in court without an attorney present.
• The Right to a Fair Trial: As stated in the Sixth Amendment, the accused has the right to a trial by an impartial jury. This safeguards against biased decision-making and ensures that the verdict is based solely on the evidence presented in court.
• The Right to Confront and Call Witnesses: The Sixth Amendment also grants the defense the right to confront and cross-examine witnesses against them. Additionally, the defense has the right to call its witnesses to provide information that supports the defendant’s case.
• Protection Against Self-Incrimination: The Fifth Amendment protects individuals from being compelled to testify against themselves. This includes the right to remain silent during police interrogations and trial proceedings.
• Protection Against Double Jeopardy: The Fifth Amendment prevents individuals from being tried twice for the same offense, protecting defendants who have already been acquitted of the crime.
• The Right to Due Process: The accused has the right to due process of law, which means that all legal procedures must be followed fairly and consistently. This includes measures that ensure the defendant is not subjected to arbitrary or unfair treatment.

Alternative Resolutions to Felony Charges in Austin, Texas

In criminal law, trials are not the only route to resolving felony charges. Various alternative avenues can provide defendants with different pathways to address their cases. These alternatives offer opportunities to potentially minimize the impact of the legal process, avoid a time-consuming trial, and achieve more promising outcomes. At the Law Office of David D. White, PLLC, we’ve handled various felony cases and have successfully negotiated on behalf of our clients to secure alternative resolutions, have charges reduced, or even get them dropped.

Plea Bargains

Plea bargains involve negotiations between the prosecution and the defense, resulting in an agreement where the defendant pleads guilty to a lesser charge or accepts a proposed sentence. This alternative is often pursued when the prosecution’s case is strong and both parties see value in avoiding a trial. Plea bargains can lead to reduced charges, lighter sentences, or the dismissal of some charges. However, they require the defendant’s agreement and approval from the court.

Diversion Programs

Diversion programs allow eligible defendants to avoid formal prosecution and the potential consequences of a conviction, especially for non-violent felonies or first-time offenses. These programs typically involve counseling, education, or rehabilitation tailored to address underlying issues contributing to criminal behavior. Successful program completion can lead to the dismissal of charges, allowing individuals to move forward without a criminal record.

Pretrial Diversion

Similar to diversion programs, pretrial diversion occurs before formal charges are filed. Defendants agree to complete specific requirements, such as community service or counseling, in exchange for the charges being dropped. This alternative can be particularly appealing for first-time offenders who commit to rehabilitation.

Probation

Probation is a form of supervised release that allows defendants to serve their sentences outside of incarceration, usually under certain conditions. Probation terms may include regular check-ins with a probation officer, community service, and adherence to restrictions such as refraining from alcohol or drug use. Probation offers individuals a chance to rehabilitate while maintaining some normalcy in their lives.

Alternative Sentencing

In certain cases, alternative sentences may be appropriate, such as house arrest, electronic monitoring, or mandatory counseling. These options can provide flexibility in addressing specific circumstances while avoiding the full impact of incarceration.

How an Experienced Austin, Texas, Defense Attorney Can Help

Felony charges carry severe consequences that can impact your life for years. When you’ve been accused of a felony in Texas, having an experienced defense attorney by your side is one of the most important factors in determining the outcome of your case.

At the Law Office of David D. White, PLLC, we understand the potentially life-shattering implications of felony convictions. We are committed to helping clients understand their rights, explore their options, and advocate aggressively on their behalf. Here is what we can bring to the table:

• Legal Experience: We are well acquainted with the nuances of Texas felony law and the local legal system. We can analyze the details of your case, identify potential weaknesses in the prosecution’s argument, and develop a strong defense strategy tailored to your situation.
• Case Assessment: We will conduct a thorough investigation to gather evidence, interview witnesses, and build a solid case supporting your events. This assessment can also be pivotal in determining the best course of action for negotiations and potential plea bargains.
• Protection of Rights: From the moment we are called to the conclusion of a case, our attorneys always ensure that our client’s constitutional rights are upheld. This includes your right to presumed innocence, a fair and speedy legal process, and the strongest legal defense possible.
• Negotiations: Our skilled defense attorneys can negotiate with the prosecution to seek reduced charges, lesser penalties, or even a case dismissal. Our knowledge of local prosecutors and their practices is often instrumental in securing favorable outcomes for our clients.
• Trial Experience: If your case goes to trial, we will be well-equipped to present your case effectively in front of a judge and jury. We know how to challenge incriminating evidence, cross-examine witnesses, and mount a compelling defense narrative that can sway the outcome in your favor.
• Support and Guidance: Facing felony charges can be emotionally challenging for defendants and their families. That is why we strive to provide compassionate support, answer your questions, and guide you through this uncharted territory, ensuring you’re informed and empowered at every step.

Our Austin Felony Defense Attorneys are Here for You

When facing the weight of felony charges, remember that you don’t have to weather this storm alone. At the Law Office of David D. White, PLLC, we specialize in defending individuals against felony charges in Austin, Texas. Our seasoned legal team is prepared to craft an air-tight defense tailored to your unique case. Don’t wait—the sooner you act, the stronger your defense can be.

Contact us today for a confidential consultation to take the first step toward securing your future. Call us at 512-729-3283 or contact us online. Your freedom and rights matter; we’re here to fight for you when facing felony charges in Austin, Texas.

 

“When you hire me, you get me. Not my admin, not my associates. I’ll meet, talk, text, and work with you directly to get you the best possible outcome in your case.”

David D. White

Criminal Defense Lawyer