Search & Seizure
Traffic stops, warrants, homes, phones, vehicles, statements, and physical evidence should be reviewed for constitutional and statutory issues.
Defense for Texas felony allegations from state jail felonies through first-degree charges, including enhancement issues, bond conditions, search and seizure, witness evidence, digital evidence, negotiations, and trial preparation.
A felony case is not defined only by the accusation. The degree of the offense, prior record, enhancement allegations, admissibility of evidence, credibility of witnesses, and collateral consequences can all change the strategy.
Texas divides felonies into state jail, third-degree, second-degree, first-degree, and capital felonies. The classification is set by the offense statute and can be affected by enhancement provisions. The degree matters because it changes the punishment range and often the long-term consequences of a conviction.
A felony defense should test both the underlying allegation and every fact the State relies on to increase exposure.
Traffic stops, warrants, homes, phones, vehicles, statements, and physical evidence should be reviewed for constitutional and statutory issues.
Prior statements, video, motive, bias, inconsistent accounts, identification procedures, and physical evidence can affect whether a witness's story holds up.
Phones, location data, messages, social media, surveillance, downloads, and account ownership increasingly shape felony investigations and prosecutions.
Prior convictions and offense-specific facts can increase the punishment level. The State still has to establish the enhancement it alleges.
Laboratory testing, DNA, toxicology, firearms evidence, fingerprints, medical records, and expert conclusions should be examined rather than treated as self-proving.
For noncitizens, the exact offense and disposition can affect removability, admissibility, detention, naturalization, and future immigration relief.
Texas felony punishment ranges vary substantially by degree. Enhancement statutes can also increase punishment based on qualifying prior convictions or other statutory facts. That makes the prior record, charging instrument, and exact enhancement paragraphs part of the defense analysis from the beginning.
Statements to police, witnesses, friends, family, or online can become evidence. Preserve the ability to review the case before explaining it publicly.
Video, messages, location data, receipts, photographs, medical records, and witness information can disappear if they are not identified early.
Contact restrictions, GPS, travel limits, testing, firearm restrictions, and reporting requirements can create additional exposure if violated.
For noncitizens, a negotiated criminal outcome should be evaluated for federal immigration consequences before it becomes final.
Felony defense should develop leverage from the evidence rather than assume the charging decision is fixed.
Obtain reports, video, statements, forensic material, warrants, photographs, digital evidence, and the charging documents.
Evaluate suppression, credibility, identification, forensic reliability, affirmative defenses, lesser offenses, and weaknesses in the State's theory.
Determine the actual punishment range, enhancement risk, collateral consequences, and realistic resolution options.
Use the developed record to pursue dismissal, reduction, negotiated resolution, motions, or trial as the facts support.
For noncitizens, federal immigration law can treat criminal dispositions differently from Texas criminal law. Offense elements, plea language, sentence, drug or violence allegations, loss amount, victim relationship, and immigration history may all matter. Criminal and immigration strategy should be coordinated before accepting a plea.
Texas Penal Code §12.34 generally provides imprisonment for 2 to 10 years and permits a fine not to exceed $10,000, subject to other applicable law and enhancements.
Section 12.33 generally provides imprisonment for 2 to 20 years and permits a fine not to exceed $10,000.
Section 12.32 generally provides imprisonment for life or for 5 to 99 years and permits a fine not to exceed $10,000.
Yes. Texas Penal Code §12.42 contains repeat- and habitual-offender enhancement provisions. Whether a prior conviction qualifies and what enhancement applies depend on the specific record and current charge.
Potentially. Immigration consequences depend on the exact offense, record of conviction, sentence, underlying facts relevant under federal law, and the person's immigration history.
Tell us the charge being investigated or filed, whether an arrest or warrant is involved, the next court date, any bond conditions, and whether prior convictions or immigration consequences may affect the case.
Felony cases can involve serious sentencing exposure, enhanced penalties, forensic evidence, witness testimony, search-and-seizure issues, and long-term consequences beyond the courtroom.
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