This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.

Harris County Criminal Defense Lawyer
by Brian LaVine / Last Updated: April 3, 2026

If you face a criminal charge, your freedom and future are at risk. A Harris County criminal defense lawyer provides the legal support you need to fight these allegations. LaVine Law Firm helps individuals in Harris County, Texas, deal with everything from minor misdemeanors to serious felonies. Our team works hard to protect your rights and keep your criminal record clean. If you need immediate help with a Harris County arrest, call LaVine Law Firm at (713) 965-7305 for a free consultation.

Why Choose LaVine Law Firm if I’m Facing Criminal Charges in Harris County?

Facing criminal charges in Houston, Texas, requires a legal team that understands the local courts and prosecutors. LaVine Law Firm brings years of dedicated experience to every case we handle. We have successfully secured not-guilty verdicts and case dismissals for clients facing serious felony and misdemeanor allegations. Our firm prioritizes protecting your future and your Texas criminal record from the lasting damage a conviction can cause.

We focus on aggressive defense strategies to challenge the evidence brought by law enforcement. Our attorneys provide free consultations to help you immediately understand your legal rights and potential outcomes. We understand that legal fees can be a concern, so we offer flexible payment plans to ensure you get the help you need. Choosing our firm means you have a partner who will fight for your innocence and advocate for your rights in the criminal justice system.

If you are currently dealing with a Harris County arrest, do not wait to seek help. LaVine Law Firm provides the professional guidance necessary to navigate the complexities of local law.

We Handle All Criminal Defense Cases in Harris County

Our firm represents individuals across a wide spectrum of criminal law matters in Houston. We provide comprehensive legal services to ensure every client receives a vigorous defense regardless of the specific allegations.

Aggravated Assault

Under Texas Penal Code § 22.02, aggravated assault involves causing serious bodily injury or using a deadly weapon. This is a serious felony that can result in long prison sentences. Our criminal defense attorneys challenge witness statements and police reports to protect your freedom.

Aggravated Robbery

Aggravated robbery is a first-degree felony under Texas Penal Code § 29.03. It involves committing theft while using or exhibiting a deadly weapon or causing injury. We analyze the evidence to find weaknesses in the prosecution’s case and fight for a reduction or dismissal of charges.

Battery

While Texas law often classifies these acts under assault, battery generally refers to offensive physical contact. Texas Penal Code § 22.01 covers these offenses, which can range from a Class C Misdemeanor to a felony. We work to show a lack of intent or prove self-defense in these situations.

Burglary

Burglary involves entering a building or habitation without consent to commit a crime, per Texas Penal Code § 30.02. Penalties vary based on whether the location was a home or a business. Our team investigates whether probable cause existed for your arrest and challenges the state's evidence.

Driving While Intoxicated (DWI) in Houston

A first-time DWI is typically a Class B Misdemeanor under Texas Penal Code § 49.04. We represent clients in both criminal cases and ALR hearings to save their driver's licenses. Our lawyers scrutinize field sobriety tests and blood-alcohol testing procedures for errors.

Domestic Violence

Charges of assault and domestic violence carry unique penalties, including the loss of firearm rights. These cases often involve Texas Penal Code § 22.01(b)(2) regarding family violence. We provide a discreet defense to protect your reputation and keep your family matters private during this time.

Drug Crime

Drug offenses range from simple possession to the manufacturing and delivery of controlled substances. We handle cases involving the Texas Health and Safety Code Chapter 481. Our attorneys evaluate search and seizure laws to determine if the police violated your constitutional rights during the investigation.

Expungement

A Texas criminal record can prevent you from finding a job or housing. Under the Texas Code of Criminal Procedure Chapter 55, you may be eligible to have your records destroyed. We help clients clear Harris County criminal records through expunction or orders of non-disclosure for deferred adjudication.

Gun Charges

Texas has specific rules for carrying weapons, and violations can lead to serious criminal charges. Texas Penal Code Chapter 46 governs the unlawful carrying or possession of firearms. We defend your Second Amendment rights and work to resolve these charges without a permanent conviction.

Murder

Murder is the most serious charge in the Texas criminal justice system, found in Texas Penal Code § 19.02. These cases require extensive investigation and a sophisticated defense strategy. Our firm provides the intensive legal representation you need to fight for your life against these serious allegations.

Rape

Now officially charged as sexual assault in Texas, this offense carries devastating personal and legal consequences. Texas Penal Code § 22.011 outlines the severe penalties for these sex crimes. We conduct thorough investigations to challenge the state's narrative and protect your future from sex offender registration.

Restraining Order

Violating a protective order can lead to immediate arrest and additional criminal charges under Texas Penal Code § 25.07. We help clients defend against the imposition of these orders or represent them in related criminal proceedings. Our team ensures your side of the story is heard.

Resisting Arrest

Texas Penal Code § 38.03 makes it a crime to intentionally prevent a peace officer from making an arrest. This is usually a class a misdemeanor but can escalate if a weapon is involved. We examine the circumstances of the interaction to build a strong defense.

Sex Crime

Allegations of sex offenses can destroy your life before you ever set foot in a courtroom. We defend clients against various charges, including indecency with a child and possession of child pornography. Our goal is to protect your rights and prevent a permanent mark on your record.

Sexual Assault

Sexual assault is a second-degree felony under Texas Penal Code § 22.011. Convictions require lifelong registration and significant prison time. We utilize expert witnesses and forensic evidence to challenge the prosecution’s claims and provide you with a high-quality defense.

Theft Crime

Theft and burglary charges can range from shoplifting to complex white-collar crimes like securities fraud. Texas Penal Code Chapter 31 defines the penalties based on the value of the property taken. We work to negotiate reduced charges or secure dismissals for our clients.

Our legal team is ready to provide the defense you deserve in any of these practice areas. We focus on results and client communication throughout the entire process.

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The Harris County Criminal Justice System

Understanding how the local system works is vital when you face a criminal charge. The process often feels overwhelming, but knowing the structure of the Harris County court system can help you stay calm. Each agency has a specific role in how your case moves from an arrest to a final resolution.

Understanding the Harris County Court System

The court that hears your case depends on the severity of the charges filed against you. Misdemeanor cases go to the Harris County Criminal Courts at Law, which handle Class A, B, and C offenses. If you are charged with a felony, your case will be moved to the Harris County District Courts. There are currently 26 District Courts in Houston dedicated to hearing serious criminal law matters.

Harris County Law Enforcement and Investigations

Multiple agencies perform DWI investigations and arrests throughout the region. The Houston Police Department and the Harris County Sheriff’s Office are the primary agencies conducting Harris County arrests. They are responsible for gathering witness statements, performing blood-alcohol testing, and establishing probable cause. Our firm reviews their work to ensure they followed search and seizure laws and provided a proper Miranda warning.

Key Players in Your Case: Public Defender vs. Private Criminal Defense Attorney

The Harris County District Attorney's Office employs prosecutors to build a case against you. While the court may appoint a public defender if you cannot afford one, these lawyers often manage hundreds of cases at once. A private criminal lawyer from LaVine Law Firm offers a more personalized approach to your defense. We provide the dedicated time needed to review every detail of the state's discovery information.

The local legal system is massive and moves very quickly. Having a team that knows the specific judges and prosecutors in Houston, Texas, gives you a significant advantage.

The Criminal Defense Process in Harris County: What to Expect

The path through the criminal justice system involves several critical stages that determine your future. Missing a single court date or making a statement without an attorney can lead to severe consequences. We guide our clients through each step to ensure their legal rights remain protected.

Initial Stages: Arraignment, Grand Jury (for felonies), and Pre-Trial Hearings

After a Harris County arrest, your first appearance is usually for magistration and a bond hearing. For felony cases, the Texas Code of Criminal Procedure Art. 19.01 requires a grand jury to review the evidence for an indictment. During the arraignment, you will hear the formal charges and enter a plea of not guilty. Pre-trial hearings allow your criminal defense attorney to file motions to suppress evidence or request a plea bargain.

Crafting Effective Defense Strategies and Negotiations

A strong defense starts with a thorough investigation of the facts surrounding your case. We look for inconsistencies in police reports and flaws in field sobriety tests or blood test results. Our team uses these findings to build defense strategies aimed at a case dismissal or a reduction in charges. Negotiating with the Harris County District Attorney's office requires a deep understanding of Texas criminal law and local court policies.

The Trial Process: From Voir Dire to Verdict in Harris County Courts

If a resolution cannot be reached, your case will proceed to a trial in the Harris County District Courts or Criminal Courts at Law. The process begins with voir dire, which is the selection of a fair and impartial jury. During the trial, both sides present evidence and cross-examine witnesses before the jury reaches a verdict. We provide aggressive courtroom representation to ensure the jury understands the flaws in the prosecution's claims.

The trial process is the final opportunity to prove your innocence in a court of law. LaVine Law Firm stands by your side from the first hearing until the final verdict is read.

Penalties for Criminal Convictions Under Texas Law

Texas uses a strict classification system to determine the punishment for various crimes. Misdemeanors are less severe than felonies but still carry the risk of jail time and high court fees. A conviction for a Class B Misdemeanor can result in up to 180 days in the Harris County Jail. Class A Misdemeanor offenses are more serious, carrying a penalty of up to one year in jail and a $4,000 fine.

Felony convictions lead to even harsher outcomes, including time in a state prison facility. These charges are divided into degrees, ranging from state jail felonies to first-degree and capital crimes. Beyond prison, a felony can affect your immigration status and result in a permanent criminal record in Texas. We work to avoid these outcomes by seeking deferred adjudication or other alternatives whenever possible.

Offense LevelMax Jail/Prison TimeMax FineExamples
Class C MisdemeanorNone (Fine only)$500Traffic tickets, simple assault
Class B Misdemeanor180 Days$2,000First DWI, small drug possession
Class A Misdemeanor1 Year$4,000Burglary of a vehicle, second DWI
State Jail Felony2 Years$10,000Credit card abuse, some thefts
Third Degree Felony10 Years$10,000Third DWI, assault with injury
Second Degree Felony20 Years$10,000Aggravated assault, robbery
First Degree FelonyLife or 99 Years$10,000Murder, aggravated robbery

Recent Case Results

Our firm has a proven track record of helping clients overcome difficult legal challenges in Houston. In 2025 alone, LaVine Law Firm successfully secured over 700 case dismissals for our clients. We have won Not Guilty verdicts in high-stakes cases involving murder and aggravated assault with a deadly weapon. Our team has also cleared clients of charges ranging from burglary of a habitation to felony drug possession. These results reflect our commitment to providing an aggressive and effective defense for every person we represent.

About Attorney Brian LaVine

Brian LaVine is a dedicated Houston criminal defense attorney who believes every client deserves an advocate who will outwork the prosecution. He earned his Juris Doctor from South Texas College of Law, where he focused on trial advocacy. Before opening his firm, Brian gained valuable insight into the local system as an intern at the Harris County District Attorney's Office. This experience enables him to anticipate the state's strategies and build stronger defenses for his clients. He works side-by-side with individuals to achieve the best possible outcome for their legal matters.

Harris County Criminal Defense FAQs

Why Should I Hire a Criminal Defense Attorney?

Attorneys protect your legal rights and help you understand the court system. We find weaknesses in the prosecution's case, which could support a dismissal or a reduction of your charges.

Should I Hire a Lawyer If I’m Innocent?

Yes. Even innocent people can be convicted if they lack a strong defense. A lawyer ensures that law enforcement and prosecutors follow the law and respect your rights.

What Should I Do if I Have Been Arrested for a Crime in Harris County?

Exercise your right to remain silent and do not answer questions without an attorney present. Contact LaVine Law Firm immediately to begin building your defense and protecting your future freedom.

What’s the Difference Between a Misdemeanor and a Felony?

Misdemeanors are punishable by up to one year in county jail. Felonies are more serious crimes that carry the potential for years or decades in state prison.

What Is a Plea Bargain? Should I Accept One?

A plea bargain is an agreement to plead guilty in exchange for a lighter sentence. You should only accept one after a lawyer has explained your other legal options.

How Do I Check My Harris County Criminal Records?

You can search for your case information through the Harris County District Clerk's website. Our firm can also help you review your record to see if you qualify for expungement.

Trusted by Clients, Respected by Peers

Contact Our Harris County Criminal Defense Attorneys For Legal Help

If you are facing criminal charges in Houston, Texas, do not wait to get professional legal help. A Harris County criminal defense lawyer from our firm can help you protect your rights and your future. LaVine Law Firm offers the aggressive representation you need to fight for a positive result in your case. We understand how much is at stake and are ready to start working on your defense immediately.

Our team provides initial consultations to discuss your case and explain your legal options. We offer payment plans to make our high-quality legal services accessible to those who need them most. Contact LaVine Law Firm in Houston today at (713) 965-7305 to speak with an experienced criminal defense attorney. Let us help you find the best path forward through the Harris County justice system and beyond.

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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