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Felony Crimes Austin Trial Lawyers

Austin Felony Attorney

Aggressive Felony Defense in Travis County & Central Texas

When an individual is charged with a felony offense, it is life-altering. Not only is there the stress and anxiety of dealing with the possibility of going to jail or prison, but there is also the loss of time with family, friends, possible loss of employment, incarceration, and many other fines, fees, and costs that come with dealing with such a heavy charge.

That's why, if you are charged with a felony, you need a dedicated team fighting for you. In a time of such turmoil, you need someone on your team fighting for you, not against you. At Smith & Vinson Law Firm, we listen to our clients, seek out the truth, and don’t accept what the prosecutor says at face value. Our Central Texas felony lawyers represent clients accused of felony charges in Austin, Georgetown, San Marcos, Round Rock, Temple, Cedar Park, and throughout the Central Texas area. Let us help protect your rights and work towards the best possible outcome for your situation.

We work for you. We fight for you. Call our Austin felony lawyers at (512) 359-3743 or contact us online

Turning Charges into Chances Fighting for the Outcome You Deserve
Facing criminal charges can be overwhelming, but you don’t have to face them alone. Our experienced team will fight tirelessly to protect your rights and your future, take control today.

Types of Felony Crimes & Penalties

Texas felony crimes are categorized into different classes. These range from the most serious (Capital Felony) to the least serious (Class C Misdemeanor). Each class is determined by the amount of jail time a person who commits a felony is eligible for, as well as the amount of fine they may have to pay. Depending on which felony classification a defendant is charged with, the sentencing process, eligibility for parole, and other factors will be affected.

The distinctions between these felony classes reflect the severity of crimes and the legal consequences. For example, a Capital Felony, warranting life imprisonment or the death penalty, exemplifies Texas's stringent legal measures against the gravest offenses. Understanding these categories is crucial not only in appreciating the legal framework but also in assessing the possible legal strategies a felony defense attorney might adopt. By familiarizing yourself with these distinctions, you'll be better positioned to recognize the stakes involved and appreciate the rigorous approach required to mount a robust defense against such charges.

In Texas, there are five classifications of a felony offense:

  • State Jail Felony is punishable by a fine of up to $10,000 and/or up to 180 days to two years in a State Jail Facility
  • Third-Degree Felony is punishable by a fine of up to $10,000 and/or up to two to ten years in prison
  • Second-Degree Felony is punishable by a fine of up to $10,000 and/or up to two to twenty years in prison
  • First-Degree Felony is punishable by a fine of up to $10,000 and/or up to five to ninety-nine years in prison
  • Capital Felony is punishable by life in prison or the death penalty
  • Deferred Adjudication Aggravated Assault & Tampering with Evidence

    Our client was involved in a verbal dispute that turned into an altercation where a firearm was discharged into the ground. The round ricocheted and grazed a party to the dispute. Our client was facing multiple felony convictions and a prison sentence.

  • Case Dismissed Assault Family Violence

    Our client was drinking and watching sports with his girlfriend when they got into a heated argument. The argument escalated, and our client left in order to avoid further trouble. A neighbor called the police and our client’s girlfriend made a statement alleging that our client had assaulted her.

  • Charges Dismissed Sexual Assault

    Our client, who met a woman on a dating app alleging sexual assault, faced potential charges carrying up to 20 years in prison and lifetime sex offender registration. Through thorough case review and skilled negotiations by Smith and Vinson, the District Attorney's Office dismissed the case.

  • Case Dismissed; Charges Reduced Two Counts of Sexual Assault of a Child and Four Counts of Indecency w/ a Child

    Our client was indicted on two counts of sex assault of a child and four counts of indecency with a child. Our client confessed to the offense and there was substantial physical evidence corroborating that confession. The State aggressively prosecuted this case and sought significant prison time.

  • Case Dismissed Public Intoxication

    After a night out our client got turned around in her apartment complex and knocked on a door she thought was her residence. Because of the late hour the police were called out to the scene and our client was charged with Public Intoxication.

  • No Charges Filed Sex Assault Investigation

    Our client had an affair with a married woman. When her husband found out, she accused him of rape and called the police, prompting an investigation. Our client wisely contacted our office immediately.

  • Case Dismissed Aggravated Assault w/ Deadly Weapon

    Our client, a veteran with no criminal history, allegedly got into an altercation at a gas station after an argument about politics that started verbal turned physical. The client drove away before the other parties called police. Police caught up to him and arrested him, not only for the alleged altercation, but on suspicion of Driving While Intoxicated.

  • Case Dismissed; Charges Reduced Solicitation of a Minor

    Our client was a legal permanent resident with no criminal history when he was picked up for solicitation of a minor after a sting operation. He faced serious immigration consequences if convicted of a crime of this nature. In addition, the evidence against him was substantial and he was looking at prison time.

  • Case Dismissed; Charges Reduced Five counts of Sex Assault of a Child & Eight Counts of Indecency w/ a Child

    Our client was accused of being in a relationship with an underage teen. He was charged with six counts of sexual assault of a child and eight counts of indecency with a child. The evidence was overwhelming. He thought his life was over.

  • Case Dismissed Assault Family Violence

    Our client was a mother who had allowed her adult son and family to move in with her due to some hardship. After a family dinner a heated discussion between our client and her daughter in law turned into a physical altercation.

  • Charges Dismissed Assault Bodily Injury Family Violence
  • Case Dismissed Felony POCS & Probation Violation

    Our client was charged with an POCS 3rd degree felony while on probation in another county for a DWI 2nd. The car he was in was pulled over and, after officers obtained the consent of the driver, the car was searched. The police found cocaine in the vehicle and our client took responsibility.

  • Charges Dismissed Assault Bodily Injury Family Violence
  • Case Dismissed Aggravated Assault With a Deadly Weapon

    Our client was charged with felony Aggravated Assault with a Deadly Weapon for allegedly pulling a boxcutter out during an altercation with another man. Our client had no prior contact with law enforcement. We thoroughly investigated the other party, and found that he had a history of violence and assault.

  • Deferred Adjudication Aggravated Assault Family Violence w/ Serious Bodily Injury

    Our client was involved in a domestic altercation that resulted in one of the parties sustaining a very serious life -altering injury that required serious medical intervention. We took the case and approached our defense with heavy strong willed negotiations with the State.

  • Not Guilty Sexual Abuse

    One Count of Continuous Sexual Abuse of a Minor; Three Counts of Aggravated Sexual Assault of a Minor; Two Counts of Indecency of a Minor by Contact/Exposure

  • Charges Dismissed Sexual Assault Investigation

    Our client, a promising Texas State student, was wrongfully accused of sexual assault by a classmate and hastily arrested. We demonstrated the consensual nature of their actions and exposed the accuser's ulterior motives. The District Attorney's Office dismissed the case.

  • Case Dismissed Assault Family Violence

    Our client was charged with Assault Family Violence that resulted from an argument with his girlfriend. Our client had a good job with a baby on the way and desperately wanted his record clear to support his family.

  • Case Dismissed Assault Family Violence

    Our client was charged with Assault Family Violence after an argument with his girlfriend in their shared residence. At the time of his arrest our Client was a young father who also worked for the city. Having this charge put him as risk of losing a custody battle for his child and his stable employment.

  • Case Dismissed Theft

    Our client, a legal permanent resident, was charged with stealing clothing at Macy’s. The State offered our client an initial plea deal. However, due to her immigration status, we advised our client that it was in her best interest to fight this case the whole way.

  • Cases Dismissed Aggravated Assault with a Deadly Weapon and Misdemeanor Assault With Bodily Injury

    Our client was accused of attacking another man on two separate occasions, once with his hands and once with a knife in our client’s home. Our client had told the man to stay away from his family because the man had made romantic advances toward his wife, but the man persisted. Our client was charged with both misdemeanor Assault and Aggravated Assault with a Deadly Weapon.

  • Case Dismissed Theft

    Our client was allegedly caught shoplifting at an HEB. She had no prior arrest history, so we worked with her on proactively taking classes, which were used to her advantage during our negotiations. The client accepted a deferred adjudication on the shoplifting offense, which was ultimately dismissed.

  • Deferred Prosecution Juvenile Assault

    Our client was a juvenile who got into altercation with a classmate on school grounds and was charged with assault. We know the stress of facing a charge at a young age is a lot for a family to navigate without assistance and can come with severe repercussions. We took the challenge to the State to prove its case while keeping the family involved.

  • Case Dismissed Assault Family Violence

    Our client was charged with Assault Family Violence after an altercation with his girlfriend, who sustained a concussion and bite marks on her nose. Our investigation revealed that the girlfriend initiated the fight by pushing and biting our client.

  • Case Dismissed POCS Felony

    Our client was charged with a State Jail Felony while stopped for traffic violation in Williamson County. The officers searched the car and found THC oil pens. He was arrested for a felony. We found issues with the search and our investigation uncovered additional issues with the investigation. We pressed the prosecutor on these issues and, coupled with the clean UA’s we had our client take, the case was dismissed.

  • Case Dismissed Assault with a Deadly Weapon

    Our client, a retired Marine, was out with some friends one night when he got into a fight at a gas station. He allegedly pulled out a knife and left the scene. Moments later, law enforcement pulled him over. He was charged with misdemeanor DWI, felony Assault with a Deadly Weapon, and two counts of felony Terroristic Threat.

  • Charges Rejected Assault Bodily Injury Family Violence
  • Case Dismissed; Charges Reduced Two Counts of Sexual Assault of a Child

    Our client was arrested after two girls he met online turned out to be underage. He was charged with four counts of sex assault of a child. The State interviewed the girls and obtained incriminating cell phone evidence, as well as evidence of drug use. The DA’s Office aggressively prosecuted this case and sought prison time.

  • Case Dismissed Aggravated Robbery

    Our client was indicted on the 1st Degree Felony charge of Aggravated Assault. He was out celebrating a birthday with friends when the party took a different turn and our client ended up being in the wrong place at the wrong time.

  • No Charges Filed Sexual Assault Investigation

    Our client was a UT student who was accused of sexual assault. He came to our firm extremely scared about his future both with the university and within the criminal justice system. With our firm's help, he was able to show that his accuser was not credible. Smith and Vinson put together a defense that law enforcement recognized as credible evidence of his innocence and not to file charges which changed the course of our client's life.

  • Case Dismissed Possession of Controlled Substance

    Our client was pulled over for expired registration. Police smelled marijuana coming from the vehicle and conducted a probable cause search. Police found marijuana and pills containing a controlled substance, and the State charged our client with a felony. Our client was already facing multiple misdemeanor charges in another county.

  • Case Dismissed Assault Family Violence w/ Strangulation and Injury to a Child

    Our client and his wife had a contentious relationship with his wife’s ex-husband, and, unfortunately, our client’s middle-school aged stepdaughter was caught in the middle. After getting into trouble at home, the stepdaughter falsely accused our client of strangling her.

  • Not Guilty Sexual Assault

    NOT GUILTY of sexual assault and two lesser charges. Our client maintained his innocence from the start, and we believed him.

  • Case Dismissed Assault Family Violence

    During a dispute with her boyfriend, our client threw a brass statue against a wall, which ended up bouncing and hitting him. He called the police and our client was arrested for Assault Family Violence.

  • Case Dismissed Felony Assault Family Violence

    Our client was charged with felony Assault Family Violence for allegedly attacking her ex-boyfriend and scratching his face. The State appeared ready to file enhanced charges. Upon receiving the evidence, our firm found issues with the police video and discovered that the 9-1-1 call did not indicate that our client as the first aggressor.

  • Charges Reduced Intoxication Assault Causing Serious Bodily Injury

    Our client was charged with 5 Felony Counts including Intoxication Assault causing Serious Bodily Injury after being involved in a vehicle/pedicab accident that injured 3 people, one with life-threatening injuries. The arresting agency obtained a blood search warrant from our client and he was facing 5 felony counts.

  • Charges Avoided Assault
  • Case Dismissed Assault Family Violence

    Our client received an arrest warrant for an alleged assault on his brother’s girlfriend. He needed the warrant cleared so that he could be considered for a job he was applying for. Our firm worked with his brother’s girlfriend and found inconsistencies between her statements and those made by our client, his brother, and another eyewitness. We challenged the State’s attorney on these inconsistencies and case was ultimately dismissed.

  • Case Dismissed Juvenile Sex Assault

    Our client, a young girl, was accused of sexually assaulting her young female cousin. Our client was a good student and was involved in a number of youth and school activities. She had a bright future ahead of her and she and her parents were understandably terrified that an accusation like this could ruin her life forever.

  • Case Dismissed Felony Assault Family Violence

    Our client was charged with felony Assault Family Violence after an argument with his spouse allegedly turned physical. The evidence against our client was strong but, during the investigation, we found that our client’s spouse had a history of abusive behavior towards her living partners.

  • Case Dismissed Possession of Controlled Substance

    Our client picked up a prostitute and was later pulled over for failing to signal. The police let the woman go, but found cocaine in the car on the passenger side and charged our client with possession of a controlled substance.

FAQs About Felony Charges & Defense in Austin

  • The primary distinction between a misdemeanor and a felony in Texas lies in the severity of the crime and the corresponding punishments. Misdemeanors are typically less severe offenses, subject to lesser penalties such as fines, community service, or short-term imprisonment in a county jail. Conversely, felonies are considered more serious and carry stiffer penalties, including lengthy imprisonment in state prison facilities and substantial fines.

    Felonies are further classified into different degrees, from State Jail Felonies, carrying the lowest but still significant punishments, to Capital Felonies, which may lead to life imprisonment or even the death penalty. Understanding these differences is crucial for defendants, as they significantly influence legal proceedings, defense strategies, and potential sentencing outcomes.

  • An Austin felony attorney from Smith & Vinson Law Firm can provide critical assistance at every stage of your legal journey. From the moment charges are filed, our attorneys work tirelessly to investigate the details of your case, ensuring that no stone is left unturned in pursuit of justice. We analyze evidence, scrutinize prosecutorial claims, and prepare robust defenses to challenge the charges you face.

    Moreover, our experienced team is adept at navigating the nuances of local legal proceedings. By leveraging our established relationships with Austin’s legal community, we can effectively negotiate with prosecutors and potentially secure more favorable outcomes. Our commitment to comprehensive client support ensures that we not only defend your legal rights but also provide guidance and reassurance throughout the process.

  • During a felony arraignment in Austin, you will be formally notified of the charges against you and asked to enter a plea of guilty, not guilty, or no contest. This initial phase is crucial as it sets the tone for subsequent legal proceedings. A well-prepared defense attorney will strategically advise you on the best plea to enter, considering the evidence and potential defense avenues.

    Your attorney will also begin filing any pre-trial motions necessary at this stage, such as requests to suppress evidence or dismiss certain charges. The focus of the arraignment is to establish an initial understanding of the case and prepare for upcoming negotiations or trials. Having dedicated legal support ensures that your rights are protected, and your interests advocated from the very start of the legal process.

  • Plea bargaining involves negotiating a guilty plea for reduced charges or lighter sentences, and deciding whether to pursue this option requires careful consideration. Key factors include the strength of the prosecution's evidence, the likelihood of success at trial, and the potential consequences of a conviction. An experienced felony defense attorney will help assess these factors, providing clear advice on the benefits and potential pitfalls of entering a plea bargain.

    In Austin, accepting a plea bargain can often mitigate the risks associated with a trial. However, it is crucial to weigh the immediate advantages against long-term implications, such as the impact on your criminal record and future opportunities. Consulting with legal professionals like Smith & Vinson Law Firm ensures that you make informed decisions tailored to your circumstances.

  • In Texas, the possibility to expunge or seal felony charges depends on several factors, such as the outcome of the case and the specific felony classification. Generally, expungement is more feasible for charges that did not result in a conviction, such as those dismissed or acquitted. The option to seal records through an order of non-disclosure is available for certain convictions, usually after meeting specific legal requirements like successful completion of deferred adjudication.

    Texas law provides avenues for clearing one’s record, but the process can be complex and requires precise legal action. Engaging with skilled attorneys who understand the state's expungement laws is crucial in navigating this process, enhancing your chances of a clean slate and future opportunities unimpeded by past felony charges.

    Great defense lawyers.
    “Very professional and efficient throughout my entire case. They took my situation seriously, explained every step, and made sure I felt supported. You can tell they’ve handled serious cases in Travis County before.”
    - Destiny E.
    It’s clear they care about the people they work with, not just the legal outcome.
    “I’ve worked with a few law offices over the years, but Smith and Vinson made the biggest impression. From the first time I heard and met with them, they were professional, kind, and genuinely attentive.”
    - Thomas A.
    This law firm is top notch!
    “Very dedicated & professional! I always knew where things stood in my case at ALL TIMES and I received the outcome that I needed nobody is going to fight harder for you! Thanks again Charlie Falck and Annie Mann you guys are genuinely the best :)”
    - Taylor T.
    If you’re in Travis County and facing charges, I’d absolutely recommend giving this firm a call.
    “Brad really takes the time to get to know your situation. He was sharp, respectful, and didn’t sugarcoat anything.”
    - Kayla S.
    My experience with this law firm was fantastic
    “From the first call to the last, they stayed in communication with me and let me know every step of the way. The attorneys at this office and the support staff got my case dismissed with no problems. If you find yourself in a situation, I highly recommend calling this firm.!”
    - Lyndsey O.
    Smith and Vinson were incredibly helpful when I needed legal advice.
    “They didn’t waste time, explained everything clearly, and were super prepared. If you need a criminal defense lawyer in Austin, this is a firm you can trust!”
    - Keira C.
    The level of professionalism, expertise, and care I received was spectacular.
    “From our very first consultation, Charlie took the time to truly understand my situation, explain my options clearly, and guide me every step of the way. I highly recommend him and his staff.”
    - Didi C.
    Outstanding service from start to finish!!
    “I can't thank this firm enough! Brad Vinson is a top-notch attorney who fights relentlessly to get cases dismissed. His dedication and expertise truly set him apart.”
    - Iayni M.
    They exceeded all my expectations with their professionalism, compassion, and dedication.
    “The entire staff was incredibly helpful, responsive, and made me feel supported every step of the way. I’m truly grateful for their expertise and care, they made a stressful situation so much easier to navigate.”
    - Cielo J. R.

Benefits of Hiring a Defense Lawyer If You're Facing Felony Charges

Facing felony charges can be an overwhelming and stressful experience, but having a dedicated felony defense attorney by your side can alleviate some of the burden. Felony charges often involve complex legal procedures and severe consequences, such as lengthy prison sentences and substantial fines. Our experienced criminal defense attorneys have the knowledge to navigate the intricate legal system, ensuring that your rights are protected at every step.

Our legal team is well-versed in Texas criminal law and the nuances of courtroom strategies. We can thoroughly investigate the evidence in your case, challenge the prosecution's claims, and identify potential legal defenses. Our Austin attorneys can negotiate with prosecutors to secure reduced charges or explore alternative sentencing options.

Additionally, our team leverages their knowledge of the local legal system and relationships with key figures, such as prosecutors and judges, to negotiate more favorable terms. Hiring a skilled defense attorney is an investment in legal knowledge, strategic defense, and emotional support that significantly enhances your chances of a favorable outcome.

The decision to hire an attorney is paramount, as seasoned legal professionals bring invaluable insight into the complexities of the judicial system. They don’t just provide representation; they offer guidance, unravel intricate legal jargon, and outline realistic expectations for clients navigating daunting legal waters. With their assistance, you're not only defending your rights but positioning yourself for the most advantageous outcome in your legal battle.

If you have been arrested or charged with a felony offense, contact Smith & Vinson Law Firm. We take your felony charges seriously and fight to protect your rights, always seeking the best possible resolution for your case. Contact our office today by calling (512) 359-3743 for a free initial consultation!

  • National College of DUI Defense
  • DUI Defense Lawyers Association
  • AVVO Brad
  • AVVO Jarrod
  • The College of the State Bar of Texas
  • National Trial Lawyers

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