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Felonies

San Marcos Felony Lawyer

Protect Your Freedom with a Skilled San Marcos Felony Lawyer

In San Marcos, felony charges are serious offenses that can result in severe penalties, including significant prison time and steep fines. It's crucial to understand the implications of these charges and the legal process involved. 

Felonies are categorized into degrees, with first-degree felonies being the most severe. A felony conviction can lead to the loss of certain civil rights, such as voting, and the inability to possess firearms.

The process begins with the arrest, followed by arraignment, where the accused will enter a plea. If the case goes to trial, it will be heard in the Hays County judicial system. The guidance of an experienced felony lawyer in San Marcos is invaluable in navigating these proceedings and defending your rights.

Speak with an experienced San Marcos felony lawyer today. Call (512) 846-9966 or reach out online to schedule your free initial consultation—we’re here when you need us.

What Is Considered a Felony in Texas?

Under the Texas Penal Code, criminal offenses are divided into misdemeanors and felonies. Felonies are more serious and are handled in district court. They can involve violence, significant financial loss, use of weapons, or harm to vulnerable individuals.

Some examples of offenses commonly charged as felonies include:

Each offense carries a different level of punishment depending on its classification. A San Marcos felony lawyer helps navigate the legal definitions and evaluate how they apply to the facts of your case.

What are the classifications and penalties associated with felonies?

Texas recognizes five classes of felonies, each with specific sentencing guidelines:

State Jail Felony

  • 180 days to 2 years in a state jail facility
  • Up to $10,000 in fines
  • Common for offenses like credit card abuse or possession of small amounts of certain drugs

Third-Degree Felony

  • 2 to 10 years in prison
  • Fines up to $10,000
  • Examples: indecent exposure to a child, intoxication assault

Second-Degree Felony

  • 2 to 20 years in prison
  • Up to $10,000 in fines
  • Includes robbery, sexual assault, and aggravated assault

First-Degree Felony

  • 5 to 99 years or life in prison
  • Fines up to $10,000
  • Covers crimes like aggravated robbery, kidnapping, and some murder charges

Capital Felony

  • Life without parole or the death penalty
  • Reserved for the most serious offenses, such as capital murder

With so much at stake, a San Marcos felony attorney plays an essential role in every phase of a felony case—from the grand jury investigation to post-trial sentencing.

What are Aggravating Factors in Felony Cases?

Felony charges may be enhanced if certain facts are present. Enhancements increase the severity of the penalty range. Common enhancement factors include:

  • Use of a deadly weapon
  • Repeat or habitual offender status
  • Victim under a certain age or over a certain age
  • Hate crimes or bias-based motivation

These enhancements can elevate a third-degree felony to a second-degree, or in some cases, add years to an already lengthy sentence. A San Marcos felony lawyer fights to eliminate or mitigate enhancements that would otherwise increase exposure to prison time.

How Are Felony Charges Filed in Texas?

Felony charges begin in different ways. Law enforcement may arrest someone based on a warrant, or a case may be initiated after a lengthy investigation. In Texas, a felony charge must be indicted by a grand jury before it proceeds to trial.

The grand jury doesn’t determine guilt or innocence—it simply decides if there is enough evidence to formally charge someone. This critical phase often takes place without the defense present. However, in some cases, a San Marcos felony lawyer can present evidence or arguments that dissuade a grand jury from issuing an indictment.

If indicted, the case proceeds through arraignment, pretrial hearings, and ultimately trial unless resolved through dismissal, reduction, or plea negotiation.

What are the options for felony appeals and post-conviction?

If you’ve already been convicted of a felony, options may still be available to protect your rights:

  • Appeals: You have the right to appeal errors that occurred during your trial, such as improper jury instructions or admission of unlawfully obtained evidence.
  • Motions for a New Trial: If new evidence emerges, or if there was misconduct or ineffective assistance of counsel, the court may consider a new trial.
  • Writs of Habeas Corpus: These post-conviction remedies challenge the legality of detention or imprisonment.

A San Marcos felony attorney can evaluate whether there are legal grounds to challenge a conviction or sentence and guide you through the appellate process.

What To Do After Being Charged with a Felony?

A felony charge does not equal a conviction. But your actions in the days and weeks following an arrest can greatly affect your case. If you are facing felony accusations, you should:

  • Exercise your right to remain silent. Do not speak to police or investigators without legal representation.
  • Avoid contact with alleged victims or witnesses. This prevents allegations of intimidation or witness tampering.
  • Retain all paperwork. Keep bond documents, court dates, and copies of any warrants or police reports.
  • Preserve evidence. Save any potential defense evidence, including texts, emails, and surveillance footage.
  • Contact a San Marcos felony attorney immediately.

Early representation gives your defense team more time to gather evidence, challenge the charges, and potentially prevent a formal indictment.

What is The Role of a Felony Attorney in San Marcos?

A felony attorney in San Marcos plays a critical role in providing legal defense against violent crimes charges. Their deep understanding of local laws and court systems allows them to offer strategic defense strategies tailored to the specific circumstances of the case. They will examine evidence, cross-examine witnesses, and work tirelessly to achieve the best possible outcome for their clients.

In addition to courtroom defense, a felony attorney in San Marcos also offers crucial legal advice and emotional support. From the initial consultation through the trial process, they are a steadfast ally. Their goal is not only to achieve a favorable legal result but also to guide their clients through what can be a confusing and emotionally draining time.

Furthermore, a dedicated felony lawyer will engage in pre-trial negotiations, potentially reducing charges or dismissing the case altogether. They’ll explore various legal avenues, such as challenging the admissibility of evidence or questioning the reliability of witness testimonies. These pre-trial efforts are essential in possibly achieving a favorable outcome before the trial even begins.

Take the Next Steps with Confidence

Facing felony charges can be an overwhelming experience, but you don't have to do it alone. Our legal team is here to ease your stress by providing clear, compassionate guidance and aggressive representation.

Engage with trusted legal professionals who have a proven track record of successfully defending clients in felony cases. Reach out today for the support you need to protect your rights and future.

Contact The Law Offices of David C. Hardaway at (512) 846-9966 to consult with a dedicated felony lawyer in San Marcos who is committed to your defense.

Frequently Asked Questions

What Should I Do If I'm Arrested for a Felony in San Marcos?

If you are arrested for a felony in San Marcos, it is crucial to remain calm and exercise your right to remain silent. Contact a felony lawyer in San Marcos immediately to ensure your rights are protected from the outset. An attorney can provide you with legal advice and representation during the initial stages of your case.

After contacting your attorney, document everything you can remember about the arrest, as these details could prove vital to your defense. Avoid discussing the details of your case with anyone except your lawyer, including on social media, as anything you say can be used against you in court. Your attorney will guide you on the dos and don'ts until your court date arrives.

How Can a Felony Attorney Help Reduce My Charges?

A skilled felony attorney in San Marcos will analyze your case for any weaknesses in the prosecution’s arguments or evidence. They may negotiate with the prosecutor for lesser charges or alternative sentencing options, such as probation, instead of jail time.

By conducting a thorough investigation, your attorney might uncover procedural errors or rights violations that can be leveraged to your advantage. They may also bring in expert witnesses or private investigators to collect evidence that challenges the prosecution's claims, ultimately leading to reduced charges or a more favorable plea agreement.

Will a Felony Conviction Affect My Future?

A felony conviction can have lasting impacts on your future, affecting employment opportunities, housing, and more. In Texas, certain civil rights can also be lost. A felony lawyer in San Marcos will work to mitigate these consequences, offering the best possible legal outcomes.

Additionally, a felony record can hinder professional licensing and educational opportunities. Preparing for life after a conviction is just as important; your attorney can guide you on sealing records or applying for expungement if eligible. They may also offer resources for vocational training or counseling services to help you reintegrate into the community post-conviction.

Can I Get a Felony Expunged from My Record in Texas?

In Texas, expungement is possible only in certain situations, such as when charges are dropped or you are acquitted. It's crucial to consult with a felony attorney to understand your eligibility for expungement and to navigate the legal process effectively.

An attorney can also advise on alternatives like a petition for non-disclosure, which can seal records from public view under specific conditions. Understanding these legal remedies and processes can significantly impact your ability to move forward in life with fewer social and professional constraints following a felony charge.

A skilled felony attorney in San Marcos can fight to protect your rights. Call (512) 846-9966 now or contact us online for a free initial consultation.