Austin Felony Defense

Felony Defense | Felony Attorney | Felony Lawyer

If you are accused of committing a felony criminal offense & live in the Austin area, I will represent you & as your felony criminal attorney, I will leave no stone unturned in developing a defense for your case. Regardless of the severity of the charge, I can help you fight for your rights and your freedom. Call and schedule a consultation with an experienced Austin felony criminal defense lawyer today.

Felonies

Texas law places crimes into one of two categories, felony or misdemeanor. Felonies are any crimes that are punishable by at least one year of incarceration. Punishment can range from one year in jail to life in prison or death. The Texas Penal Code contains over 200 felony crimes

Texas classifies its felonies into four categories. These are weighed according to their seriousness and the number of offenses committed. Capital felonies top the list of categories with the most severe of punishments. A person under this category is subject to the death penalty or life in prison without parole. In the case of capital felonies, the jury will be informed to whether or not the prosecution seeks the death penalty, if not then the jury will be informed that the sentencing of life in prison is mandatory.

First Degree Felonies

First degree felonies are punishable by life in prison or a sentence of no more than ninety-nine years and no less than five years in prison. In addition to a jail sentence, an individual may also be subject to a fine of no more than ten thousand dollars.

Second Degree Felonies

Those who fall under second degree felonies are subject to punishment by imprisonment through the institutional division of a term of no more than twenty years and no less than two years. A fine may also be given along with a jail sentence. In the case of second degree felonies, a fine can be as much as ten thousand dollars but no more.

Third Degree Felonies

Third degree felonies are punishable by up to ten years in a state prison but no less than two years. This sentence may also be served through the institutional division. Like other felonies, third degree felonies can also have a fine implemented. This fine can be as much as ten thousand dollars but no more.

Texas law states that a person can be found guilty of a third degree felony if a deadly weapon was used or if the person was previously found guilty of a felony as listed in the Code of Criminal Procedure. If this is found then a person is housed in a state jail rather than a state prison.

What is A CAPITAL FELONY In Texas

(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 institutional division 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 institutional division for 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 shallbe informed that the state is not seeking the death penalty and that a sentence of life imprisonment without parole is mandatory on conviction of the capital felony.

Texas Penal Code, Proof Beyone A Reasonable Doubt

§ 2.01. PROOF BEYOND A REASONABLE DOUBT. All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial.

Felonies are serious crimes - if you are facing a felony or know somebody who is you should definitely seek professional legal help from a felony criminal lawyer. A felony charge can stay with you for the rest of your life - it can keep you from getting a job, establishing a credit, result in jail or prison and, if the felony is serious enough, even cost you your life.

If you do have a felony criminal history you should look into having it expunged. When a felony or misdemeanor is expunged it is like it never happened - it is erased. Not all convictions can be expunged (and different states have different rules when it comes to expungement).

(1) Drug abuse violations 1,841,182

(2) Driving while Intoxicated 1,427,494 (aka Felony DUI)

(3) Property crime 1,610,088 (includes burglary, larceny, theft, motor vehicle theft, and arson.)

(4) Larceny-theft 1,172,762

(5) Assault 1,305,693

(6) Disorderly conduct 709,105

(7) Liquor laws 633,654

(8) Violent crime 597,447 (including murder, non-negligent manslaughter, forcible rape, robbery, aggravated assault.

(9) Drunkenness 589,402

(10) Aggravated assault 433,945

(11) Burglary 303,853

(12) Vandalism 291,575

(13) Fraud 252,873

(14) Weapons violations (carrying or possession) 188,891

(15) Curfew and loitering 143,002

(16) Robbery 126,715

(17) Offenses against family and children 122,812

(18) Stolen property (buying, receiving, possession) 122,061

(19) Motor vehicle theft 118,231

(20) Forgery and counterfeiting 103,448

The Uniform Crime Reports collects data on crimes and arrests reported by law enforcement authorities to the Federal Bureau of Investigation. Not all law enforcement agencies provide information, so some figures are estimated by the F.B.I. According to the U. C. R., in 2007 aggravated assault accounted for 60.8% of all violent crimes committed in the U.S. Robbery comprised 31.6%; forcible rape, 6.4%, murder, 1.2%. In 2007, every 466.9 persons per 100,000 were victims of a violent crime. Overall, violent crime went down 0.7% from the previous year.

Felony crimes are serious crimes that include burglary and murder. Class 1 is the most serious classification, which can result in a minimum life sentence in prison, and a maximum penalty of death. Class 2 felonies can result in life imprisonment, or a minimum of 20 years imprisonment. Class 3 felonies can result in imprisonment of 5-20 years. Class 4 felonies can result in imprisonment of 2-10 years. Class 5 felonies can result in imprisonment of up to 1-10 years in prison, or jail of up to 12 months. A Class 6 felony can result in a minimum prison sentence of one year. Minimum sentences are part of the U.S. Penal code, but each state can impose additional imprisonment, fines or both. (Cornell School of Law)

Also, felons lose many of their civil rights. The right to run for government office, join the military, and vote can be taken away. Felons may lose their drivers licenses through suspension or revocation. Prospective employers have the right to inquire about any felony convictions, and can even require insurance coverage in the way of a surety bond provided by the employee. Many insurance companies will not insure convicted felons, making it difficult for convicted felons to find work.

State Felon Voting Laws

(Current as of Apr. 08, 2010)

The legal ability of people with felony convictions to vote varies from state to state. Some states allow felons to vote from prison while other states permanently ban felons from voting even after being released from prison, parole, and probation, and having paid all their fines.

No federal laws exist on felon voting per se. Felon voting has not been regulated federally although some argue that Section 2 of the Voting Rights Act can be applied to felon disenfranchisement and that Congress has the authority to legislate felon voting in federal elections