Felony


Being convicted of a felony can have severe consequences: large fines, loss of licenses, housing and employment difficulties, or even jail or prison time. An experienced San Antonio lawyer can help you lessen the penalties and impact on your life.

If you are charged with a felony offense, do not talk to anyone before speaking with a legal professional. Your constitutional rights could be at stake. Contact us for immediate legal action focused on protecting your best interests.

I believe that everyone deserves a solid felony defense, no matter the charges they are facing. Successfully handling criminal cases since 1990, I am experienced in representing individuals facing all felony charges, including:

Assault and battery
Domestic violence — violating orders for protection
DWI/DUI (Minor) — driving under the influence of drugs or alcohol
Drug offenses — possession and trafficking
White collar crime — embezzlement, insurance fraud
Sex offenses — rape and sexual assault
Homicide — murder and manslaughter; vehicular homicide

Avoiding Felony Charges

Your best opportunity to avoid a felony is usually at the municipal court level, where you may be able to resolve the felony charges so it is not presented to the Grand Jury for Indictment.

Once a felony case proceeds past the preliminary hearing stage and into common pleas court this becomes far more difficult. At the court level you will often encounter young, ambitious assistant prosecutors more interested in racking up convictions to advance their careers than in seeking to do justice. If the prosecutor assigned to your case senses that you have weak representation unwilling to take the case to trial, then you are in serious trouble. This makes it even more difficult to resolve your felony case.

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Felony Punishments & Classifications

CLASSIFICATION OF FELONIES. (a) Felonies are classified according to the relative seriousness of the offense into five categories:(1) capital felonies;(2) felonies of the first degree;(3) felonies of the second degree;(4) felonies of the third degree; and(5) state jail felonies.(b) An offense designated a felony in this code without specification as to category is a state jail felony.

ORDINARY FELONY PUNISHMENTS

CAPITAL FELONY.

(a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for:(1) life, if the individual’s case was transferred to the court under Section 54.02, Family Code; or(2) life without parole.(b) In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment without parole or death is mandatory on conviction of a capital felony. In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that:(1) a sentence of life imprisonment is mandatory on conviction of the capital felony, if the case was transferred to the court under Section 54.02, Family Code; or(2) a sentence of life imprisonment without parole is mandatory on conviction of the capital felony.

FIRST DEGREE FELONY PUNISHMENT.

(a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years.(b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.

SECOND DEGREE FELONY PUNISHMENT.

(a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years.(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.

THIRD DEGREE FELONY PUNISHMENT

(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years.(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.