A felony charge is serious. A conviction can mean prison time, a permanent record, and the loss of certain rights. It can also affect your job, your housing, and your family for years.
I have seen felony cases from every seat in the courtroom. I have been a Felony Prosecutor, a judge, and a criminal defense lawyer. I understand how a felony case is put together, and I use that knowledge to defend you.
What you’re facing
Texas sorts felonies into levels. The level, along with any prior record, shapes the possible punishment. In general, the Texas Penal Code sets these ranges:
- State jail felony: 180 days to 2 years in a state jail, and a possible fine.
- Third-degree felony: 2 to 10 years in prison, and a possible fine.
- Second-degree felony: 2 to 20 years in prison, and a possible fine.
- First-degree felony: 5 to 99 years or life in prison, and a possible fine.
- Capital felony: the most serious level, with the most severe punishments.
Prior convictions, use of a weapon, and other facts can raise the range. In some cases, community supervision (probation) or deferred adjudication may also be possible. Whether those options exist depends on the charge and your history.
How a felony case moves
Every case is different, but most felony cases follow these general steps:
- Arrest and magistration. After an arrest, the person must be taken before a magistrate within 48 hours. The magistrate explains the charge and your rights, and sets bond and any conditions.
- Grand jury. Most felony cases go to a grand jury. The grand jury decides whether to issue an indictment, which is the formal written charge. In some cases, a person with a lawyer can choose to waive indictment and be charged by a document called an information instead.
- District court settings. Felony cases are heard in district court. Over several court dates, evidence is shared, motions are filed and heard, and the two sides may talk about resolving the case.
- Resolution. A felony case may be dismissed, resolved by agreement, or go to trial before a judge or jury.
Having a lawyer involved early, even before the grand jury meets, can make a difference in how your case is handled.
What to do now
- Do not talk about the case with police, friends, cellmates, or anyone on a jail phone. Those calls are usually recorded.
- Follow every bond condition and go to every court date.
- Gather paperwork from your arrest and release.
- Make a list of possible witnesses and where to find records that might help.
- Call me as early as you can.
How I can help
As a former Felony Prosecutor, I know what goes into a felony case file and what the State needs to prove. As a defense lawyer, I use that understanding to:
- Review the police reports, video, lab results, and witness statements closely.
- Look for problems with the stop, search, arrest, or any statements.
- Talk with you about whether to present information before the grand jury decides.
- Ask the court to review bond or conditions when that makes sense.
- Prepare your case for trial while exploring every other option.
I explain each step in plain English, and you make the key decisions.
Every case is different. Past results do not guarantee future results.
Frequently asked questions
What is the difference between a state jail felony and a third-degree felony? A state jail felony is the lowest felony level. It is served in a state jail facility rather than prison. A third-degree felony carries a longer range of 2 to 10 years.
How long does a felony case take? It depends on the charge, the evidence, and the court’s schedule. Many felony cases take months. I keep you updated as your case moves.
I was arrested but not indicted yet. What does that mean? It usually means the case has not yet been presented to a grand jury, or the grand jury has not acted. This can be a good time to have a lawyer working on your case.
Can a felony be reduced to a misdemeanor? Sometimes, depending on the charge and the facts. I can discuss whether that is realistic after reviewing your case.
Talk with me about your case
Call me at (346) 366-7566 for a free consultation. You can also email kyle@vancedefense.com.