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Austin Felony Lawyer
by Brian LaVine / Last Updated: March 9, 2026

At LaVine Law Firm, our Austin felony lawyer fights for people facing the most serious criminal charges in Travis County. A felony charge in Austin sets off a legal process that can determine where you live, whether you keep your career, and how the legal system treats you for decades. Texas records tens of thousands of felony arrests each year, and Travis County ranks among the state's busiest jurisdictions. Felony charges in Texas range from state jail felonies to capital felonies, and every level carries consequences that reach far beyond the courtroom.

Early legal intervention is critical. The decisions made in the first 24 hours after a felony charge can shape the entire outcome of your case. Our Austin criminal defense lawyer team has experience defending clients against felony charges at every level in the courts of Travis, Williamson, and Hays counties. A felony arrest does not have to define your future, but only if you act fast and hire the right criminal defense attorney.

Our Austin Felony Lawyer Is Ready to Defend Your Future

We do not believe in cookie-cutter defense strategies. Every felony case we take starts with a deep review of the specific facts, criminal charges, evidence, and circumstances surrounding the defendant. Our felony attorney in Austin builds each defense strategy from the ground up because no two cases look the same. We know the Travis County District Courts, including the 167th, 299th, 390th, and 427th, as well as the prosecutors and court personnel who handle felony cases in Austin.

We guide clients through every stage of the process. That includes arrest response, bond hearings, grand jury proceedings, pre-trial motions, plea bargains, trial, sentencing, and post-conviction relief. You get direct access to your attorney at law, transparent communication at every step, and relentless advocacy, no matter the criminal charge. We treat every case with the urgency it demands because your future depends on what happens now.

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Understanding Felony Charges in Texas

Texas classifies felony charges into five distinct levels. Each level carries its own penalty range and long-term consequences. Even the lowest level felony in Texas, a state jail felony, brings consequences that a Class A misdemeanor does not. Understanding which level applies to your criminal charge is the first step toward knowing what is at stake.

The Five Levels of Felony Charges in Texas

The Texas Penal Code, Chapter 12 defines five felony levels. Each one carries different penalties, and the stakes rise fast:

State Jail Felony: 180 days to 2 years in state jail; fine up to $10,000. Examples include theft of $2,500 to $30,000, certain drug possession charges, and unauthorized use of a vehicle.

Third-Degree Felony: 2 to 10 years in prison; fine up to $10,000. Examples include assault causing serious bodily injury, felony DWI (third offense), and stalking.

Second-Degree Felony: 2 to 20 years in prison; fine up to $10,000. Examples include aggravated assault, robbery, and manslaughter.

First-Degree Felony: 5 to 99 years or life in prison; fine up to $10,000. Examples include aggravated robbery, murder, and aggravated sexual assault.

Capital Felony: Life without parole or the death penalty. Examples include capital murder, killing a peace officer, murder for hire, and killing a child under 10.

Enhancement allegations can elevate any criminal charge by one or two levels if the defendant has prior felony convictions. The difference between charge levels often comes down to how prosecutors file the case. Skilled criminal defense lawyers can challenge those filing decisions and fight for a lower charge from the start.

How Texas Felony Cases Move Through Travis County Courts

A felony case in Travis County follows a series of stages from arrest to resolution. Each stage presents risks and opportunities. Understanding the process removes some of the fear and helps you make better decisions alongside your criminal defense attorney.

The key stages include:

  • Arrest and magistration: Your first court appearance, where a magistrate sets bail and issues warnings about your rights and conditions of release.
  • Grand jury: In Texas, most felonies must be indicted by a grand jury before the case moves to trial. This is a critical stage where an experienced attorney can present evidence in your favor.
  • Arraignment: The formal reading of criminal charges, where you enter a plea.
  • Pre-trial hearings and motions: Suppression motions, discovery review, and plea negotiations happen here.
  • Trial: If no plea is reached, the case moves to jury selection, evidence presentation, and a verdict.
  • Sentencing: If convicted or pleading guilty, the sentencing phase determines your penalty.

Travis County felony cases are heard in the district courts. LaVine Law Firm guides clients through every stage in both federal and state courts, so no deadline is missed and no opportunity to challenge the prosecution's case goes overlooked.

The Long-Term Consequences of a Felony Conviction in Texas

A felony conviction reaches into every corner of your life for years or even decades. The sentence itself is only the beginning. The EEOC's guidance on criminal records in employment confirms that employers routinely use background checks in hiring decisions, and a felony on your criminal record can shut doors before you get a chance to explain.

The collateral consequences of a felony conviction in Texas include:

  • Employment: Felony convictions appear on background checks permanently. Many employers in healthcare, finance, education, and government impose automatic bars on applicants with felonies.
  • Professional licenses: Texas licensing boards can deny or revoke a professional license for felony convictions. This affects nurses, teachers, contractors, financial advisors, and many others.
  • Voting rights: A felony conviction results in loss of voting rights during incarceration and supervised release. Texas restores voting rights upon completion of your sentence.
  • Firearm rights: Federal law permanently prohibits felons from possessing firearms. This is a lifelong consequence with no expiration.
  • Housing: Landlords screen for felonies, and eligibility for subsidized housing is affected.
  • Immigration: Non-citizens face deportation, inadmissibility, and bars to naturalization for felony convictions.
  • Family law: Felony convictions can be used against you in child custody proceedings, including cases involving family violence and injury to a child.

These consequences make a strong criminal defense essential. A conviction is not just a sentence; it is a permanent label that follows you everywhere.

Common Felony Charges LaVine Law Firm Defends in Austin

LaVine Law Firm handles a wide range of felony charges filed in Travis County and Austin-area courts. Every felony is serious, but each type of charge presents its own facts, defenses, and strategic considerations. Our defense approach is always tailored to the specific criminal offense and the circumstances of your case.

Violent Felony Charges: Assault, Robbery, and Homicide

Violent crime charges carry some of the harshest penalties in the Texas Penal Code. Travis County prosecutors pursue these cases with full resources, and convictions often result in long prison terms. The stakes in a violent felony case leave no room for a weak defense strategy.

Charges we defend include:

  • Aggravated assault: A second-degree felony that rises to first degree with certain aggravating factors. An assault charge involving serious bodily injury or a deadly weapon triggers this level.
  • Aggravated robbery: A second-degree felony. Aggravated robbery rises to a first-degree felony.
  • Manslaughter: A second-degree felony involving reckless conduct that causes death.
  • Murder: A first-degree felony. Capital murder carries life without parole or the death penalty.
  • Domestic/family violence felonies: Felony family violence charges, including continuous family violence and assault with prior convictions, carry severe penalties and lasting consequences.

We examine all evidence for constitutional violations, credibility issues, and self-defense claims. Texas law, including the stand-your-ground doctrine, can serve as a complete defense to many violent felony charges. Our Travis County felony defense team investigates every angle before the prosecution can build momentum.

Drug Felony Charges: Possession, Distribution, and Manufacturing

Drug offenses are among the most common felony charges filed in Travis County. Texas law punishes drug crimes based on the type of controlled substance and the amount involved. Even a small quantity of a Penalty Group 1 substance like cocaine, heroin, meth, or fentanyl can result in serious felony drug charges.

Charges we defend include:

  • Drug possession: Possession of a controlled substance ranges from a state jail felony to a first-degree felony based on substance type and weight. Possession of marijuana in larger quantities still carries felony penalties under Texas state law.
  • Drug distribution: Delivery or drug possession and distribution charges are prosecuted based on the amount and intended recipient.
  • Manufacturing: Manufacturing a controlled substance carries penalties that escalate with volume.

Our defense strategies in drug cases focus on Fourth Amendment search-and-seizure violations, chain-of-custody issues, constructive possession challenges, and lab-test accuracy. Travis County drug courts and diversion programs may be available for eligible defendants. LaVine Law Firm evaluates all alternatives to incarceration, including community service options and treatment programs.

Property and White-Collar Felony Charges

Property and white-collar crime charges account for a large share of felony filings in Travis County. These cases depend on documentary evidence, digital records, and financial analysis. The complexity of the evidence often creates more chances to challenge the prosecution's case before trial.

Charges we defend include:

  • Felony theft: Theft of $30,000 or more is a second-degree felony. Theft of $150,000 or more rises to a first-degree felony.
  • Burglary: Burglary of a habitation is a second-degree felony.
  • Fraud, identity theft, and forgery: These charges involve detailed financial records and digital evidence.
  • Money laundering and computer crimes: Complex cases that often involve multiple counts and federal court involvement.
  • Felon in possession of a weapon: A separate felony charge that applies when someone with a prior felony conviction possesses a firearm.

Our defense angles include challenging the value of stolen property, disputing intent, and contesting the admissibility of digital evidence. LaVine Law Firm handles both straightforward property crime defenses and complex multi-count white collar crime cases across Austin and Travis County.

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How LaVine Law Firm Builds a Felony Defense Strategy in Austin

Winning a felony case, or reaching the best possible outcome short of acquittal, requires a methodical defense that begins the moment you contact our firm. We do not wait for the prosecution to make the first move. Our criminal defense lawyers start building your defense strategy before the state finishes its case review.

Investigating the Evidence and Challenging Constitutional Violations

The foundation of any strong felony defense is a thorough, independent investigation of the evidence. We do not rely on the prosecution's narrative. We build our own understanding of what happened and look for every weakness in the state's case.

Key steps in our investigation include:

  • Reviewing all police reports, arrest records, and offense reports
  • Obtaining and analyzing body camera and dashcam footage from law enforcement
  • Reviewing search warrant affidavits for legal sufficiency
  • Identifying Fourth Amendment violations, including unlawful search and seizure
  • Evaluating Fifth and Sixth Amendment issues, such as coerced confessions and denial of counsel
  • Examining witness statements for inconsistencies and credibility problems

Evidence obtained in violation of your constitutional rights can be suppressed. Suppression of key evidence often results in reduced charges or full dismissals. LaVine Law Firm treats pre-trial motions as a primary defense tool in Travis County felony cases. We file early, file often, and force the prosecution to justify every piece of evidence they plan to use.

Negotiating Plea Deals vs. Taking a Felony Case to Trial

Every felony case reaches a critical decision point: pursue a negotiated resolution or go to trial. This choice shapes everything. We make sure you understand the risks and benefits of each path before you decide.

Factors that may favor negotiation include weak defenses, strong evidence on the prosecution's side, a desire for certainty, and the risk of a harsher sentence after a trial conviction. Plea bargains can include reductions in charges, such as dropping a first-degree felony to a second-degree felony or reducing a felony to a misdemeanor. These reductions make a major difference in sentencing and long-term criminal record consequences.

Factors that may favor trial include strong defenses like self-defense claims, suppression of key evidence, credibility issues with witnesses, prosecutorial overcharging, and a client's insistence on innocence. Deferred adjudication is available for some felony charges in Texas. This means no formal conviction if you complete probation, and you may qualify for nondisclosure afterward. We advise clients honestly about their realistic options and never pressure anyone toward a resolution that does not serve their best interests.

Why Austin Clients Choose LaVine Law Firm for Felony Defense

Clients choose us because we combine local knowledge with aggressive, individualized defense. Our familiarity with Travis County District Courts and the prosecutors assigned to felony cases gives us insight that shapes every defense strategy. We know how the local legal system works, and we use that knowledge to your advantage.

Every client gets direct access to their Austin criminal defense attorney. We do not hand cases off to junior associates or rely on a public defender approach. We take a proactive stance by filing motions early, preserving evidence, and engaging the prosecution before indictment when possible. Our clients always know the status of their case, the realistic outcomes, and the options at each stage. We offer clear, predictable fee structures with payment plans available, so there are no hidden costs or surprise billing. Our goal is simple: protect your freedom and give you the strongest chance at a future free from the weight of a felony conviction.

Frequently Asked Questions About Felony Charges in Austin, Texas

What is the difference between a felony and a misdemeanor in Texas?

Felonies carry sentences served in state prison or state jail. They result in permanent collateral consequences, including loss of firearm and voting rights. For a detailed breakdown, see our guide on the difference between a felony and a misdemeanor in Texas.

Can a felony charge be reduced to a misdemeanor in Texas?

Yes. Through plea negotiations, prosecutors can agree to reduce criminal charges. Deferred adjudication probation may also allow a person to avoid a formal conviction for a felony-level offense. Learn more about whether charges can be dropped after an arrest in Texas.

What is a state jail felony in Texas?

It is the lowest felony level in Texas. It carries a sentence of 180 days to 2 years in state jail and a fine of up to $10,000 for offenses such as minor drug possession and theft over $2,500.

How long does a felony case take in Travis County?

Timelines vary from several months to over a year. The grand jury process, evidence review, and court scheduling all affect timing in the Texas state courts.

Will a felony conviction prevent me from owning a gun in Texas?

Yes. Federal law prohibits felons from possessing firearms permanently. This applies regardless of the felony level and even after completing your sentence.

Can a felony be expunged in Texas?

Most felony convictions cannot be expunged. Arrests without conviction may qualify, and completed deferred adjudication cases may be eligible for nondisclosure. An expungement attorney can assess your specific eligibility.

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Contact LaVine Law Firm for a Free Felony Defense Consultation in Austin

A felony charge in Austin threatens your freedom, your livelihood, and your future. LaVine Law Firm is ready to fight for you from the moment you call. We provide aggressive, individualized felony defense to clients across Austin, Travis, Williamson, and Hays Counties, as well as surrounding Central Texas communities.

Contact us today for a free, confidential case evaluation and initial consultation. We respond fast, maintain strict confidentiality, and place no obligation on you to retain our firm. We also handle related matters, including DWI defense, sexual assault charges, Title IX violations, resisting or evading arrest, probation revocation, occupational driver's licenses, license reinstatement, traffic tickets, warrant searches, inmate searches, and personal injury cases. Visit lavinelawfirm.com or call now. Your future is worth defending, and we are ready to stand with you.

Brian LaVine
owner & managing attorney
About The Author
Brian, a University of Texas at Austin graduate, earned his J.D. from South Texas College of Law in December 2014, specializing in criminal law and trial advocacy.

During law school, he was a mock trial quarterfinalist and also interned at the Harris County District Attorney's Office, gaining valuable courtroom and prosecutorial insight.

With extensive experience in misdemeanor and felony cases, Brian is dedicated to providing an aggressive defense, outworking the prosecution to achieve the best possible outcome for his clients.
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