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.

Montgomery County Felony Lawyer
by Brian LaVine / Last Updated: April 30, 2026

At LaVine Law Firm, our Montgomery County felony lawyer team defends people charged with serious criminal offenses. We serve Montgomery County and the surrounding areas, including Silver Spring. A felony arrest is a serious event in a person's life. Texas criminal law ranks among the harshest in the country. Montgomery County is one of the fastest-growing counties in Texas. The volume of felony cases filed in its district courts has risen steadily. Texas criminal law punishes aggressively. A felony conviction reaches far beyond prison time. It affects your voting rights, employment, housing, civil rights, and child custody for years. If you face criminal charges in Montgomery County, call LaVine Law Firm today at 713-489-7806 for a free consultation.

How LaVine Law Firm Can Help With Felony Criminal Charges in Montgomery County

LaVine Law Firm is a criminal defense law firm built around protecting people. We help you avoid the life-altering consequences of felony charges. Our legal team has extensive experience defending clients facing serious criminal offenses in Montgomery County's district courts and circuit court proceedings. We handle everything from state jail felony to first-degree charges. Felony cases require more than general legal knowledge. They demand a clear understanding of how local courts operate. You need to know how the prosecutor approaches specific offenses. You also need a defense strategy tailored to each criminal case. Our primary focus is getting you the best possible outcome. That could mean a case dismissed, reduced charges, or a strong defense at trial.

Here is how our legal team serves clients facing felony charges in Montgomery County:

  • Immediate case review: We examine charging documents, arrest reports, and early evidence. We look for constitutional rights violations and factual weaknesses.
  • Proactive prosecutor engagement: We present mitigating facts and challenge evidence before grand jury action. We pursue pre-indictment resolution whenever possible.
  • Custom defense strategy: We build your defense around the specific felony charge, the available evidence, and your personal goals.
  • Full representation: We stand beside you at every hearing, motion, and trial proceeding. We bring thorough preparation and real trial experience.

Our Approach to Criminal Defense in Montgomery County Felony Cases

Our approach to criminal defense rests on three principles. These are early intervention, thorough investigation, and clear communication. Early intervention means we start building your defense the moment you hire us. We review the legality of your arrest. We check for violations of your constitutional rights during the stop, search, or interrogation.

Thorough investigation means we go further than what law enforcement gathered. We retain experts. We analyze surveillance footage. We locate witnesses whose accounts may conflict with the prosecutor's story. Clear communication means you always know where your criminal case stands. You understand your options. You know what realistic outcomes look like. We treat every client's criminal case as a serious legal matter that deserves our full attention.

Why Local Experience With Montgomery County Courts Matters for Your Defense

Montgomery County has its own court culture. It has distinct judges and specialized prosecutors. Its procedural practices differ from Harris County and other Texas jurisdictions. Our defense attorney team is well versed in the 9th and 221st Judicial District Courts. We know the inner workings of the local District Attorney's Office. We understand the tendencies of specific assistant district attorneys.

This local knowledge shapes strategic decisions. It helps in plea deal negotiations, pre-trial hearings, and trial proceedings. An out-of-county attorney simply cannot replicate this advantage. Choosing a criminal defense attorney with genuine Montgomery County criminal court experience is one of the most important decisions you can make.

Facing Felony Charges?

Speak to a Criminal Defense Attorney Now

call us now

Overview of Felony Criminal Charges and Criminal Cases Under Texas Law

Texas law defines felonies as criminal offenses punishable by confinement in the Texas Department of Criminal Justice (TDCJ). That is the state prison system. This is different from the county jail used for misdemeanor charges. Felony sentences are served in state facilities. These are often far from your home and family. They carry parole or supervision requirements that extend state control over your life long after your release.

In Montgomery County, felony cases move through the 9th and 221st Judicial District Courts. Both handle high volumes of criminal matters across all felony degree levels. Felony charges in Texas arise across a wide range of legal matters. These include drug possession, dui charges, violent offenses, and white collar crimes. Each has its own legal process and sentencing structure.

How Texas Law Classifies Felony Criminal Charges by Degree

The Texas Penal Code uses a five-tier system to classify felony criminal offenses. Each level carries distinct penalties:

  • State Jail Felony: 180 days to 2 years in a state jail facility; fines up to $10,000. Common examples include drug possession, theft charges in the $2,500 to $30,000 range, and dui with a child passenger.
  • Third Degree Felony: 2 to 10 years in TDCJ; fines up to $10,000. Examples include intoxication assault causing serious bodily injury and assault charges with prior convictions.
  • Second Degree Felony: 2 to 20 years in TDCJ; fines up to $10,000. Examples include robbery, sexual assault, and manslaughter.
  • First Degree Felony: 5 to 99 years or life in TDCJ; fines up to $10,000. Examples include aggravated assault, aggravated robbery, and murder.
  • Capital Felony: Life without parole or the death penalty. This applies to capital murder cases.

Common Felony Criminal Cases Prosecuted in Montgomery County Courts

Montgomery County prosecutors pursue a wide range of serious criminal offenses. The most common categories our criminal defense lawyer team handles include:

  • Violent felonies: Murder, aggravated assault, robbery, and aggravated robbery. Dedicated crime prosecutors pursue these in the district courts.
  • Drug offenses: Felony drug possession, delivery, and manufacturing. Methamphetamine and fentanyl cases have increased sharply in Montgomery County.
  • Domestic violence felonies: Continuous family violence, aggravated assault of a family member, and interference with an emergency call.
  • DUI defense cases: Dui charges and dui with prior convictions. This includes traffic offenses that resulted in bodily injury or death.
  • Property crimes: Theft charges, burglary of a habitation, and arson.
  • Juvenile cases: We also defend clients facing criminal charges in juvenile cases. The legal process and outcomes differ significantly from adult court.

The specific offense category determines the penalty range. It also shapes the defense strategy and the likelihood of a plea deal or diversion program. Our criminal defense team tailors every approach to the specific criminal case.

Assault Charges and Domestic Violence Felonies in Montgomery County

Assault charges and domestic violence offenses are among the most commonly prosecuted felonies in Montgomery County. Local prosecutors pursue them aggressively. They do this even when the alleged victim refuses to cooperate. The difference between a misdemeanor charge and a serious felony can turn on a single factor. That factor could be the severity of the bodily injury, the use of a weapon, or your prior criminal record.

Domestic violence allegations carry unique procedural challenges. These include emergency protective orders issued at arrest. They also include parallel family court proceedings tied to child custody and child support. Our law firm handles both tracks at once. We protect your rights in criminal court while guiding you through the family court implications.

When Assault Charges Escalate to Felony Level in Texas

Texas law sets clear thresholds for when an assault charge becomes a felony. Key escalation triggers include:

  • Aggravated assault (Second Degree Felony): Assault causing serious bodily injury or using a deadly weapon. This escalates to a First Degree Felony when committed against a family member or public servant.
  • Assault with a prior conviction (Third Degree Felony): When you have a prior conviction for assault against a family member.
  • Assault against protected classes: Assaulting a peace officer or judge raises the charge to at least a Third Degree Felony.
  • Continuous family violence (Third Degree Felony): Two or more acts of family violence within 12 months. No single incident needed to be charged as a felony before.

Domestic Violence Felony Charges and Their Unique Challenges

Texas prosecutes domestic violence charges under the "family violence" framework. This involves both the Texas Penal Code and the Texas Family Code. It is a dual-track system where criminal prosecution and family court proceedings often run at the same time. Montgomery County prosecutors move forward on domestic violence charges even when the alleged victim recants. They use 911 recordings, medical records, and officer body camera footage as independent evidence.

Defendants in these cases face layered challenges. Emergency protective orders can restrict where you live or work. The criminal case can impact child custody and child support proceedings. An attorney who understands how both systems interact is essential. LaVine Law Firm provides coordinated legal assistance across both tracks to protect your best interests.

What Are the Penalties for Felony Criminal Charges in Montgomery County, Texas?

The penalties for a felony conviction in Montgomery County are severe. They are set by the Texas Penal Code and applied by district court judges. Texas does not allow early parole the way many other states do. Felony defendants must serve a minimum portion of their sentence before parole review becomes available. Some offenses require a mandatory minimum before parole eligibility.

Three key variables determine where a conviction lands within the sentencing range. These are the degree of the felony, your prior criminal record, and the quality of advocacy at sentencing. The last variable is directly within your control. Retain an experienced criminal defense attorney from LaVine Law Firm. Our attorney team has handled a wide range of complex cases involving felony penalties at every degree level. We have the trial experience and legal knowledge to advocate effectively on your behalf.

Sentencing Ranges for Each Felony Degree Under Texas Law

Here is a breakdown of the prison time and jail time each felony level carries:

  • State Jail Felony: 180 days to 2 years in a state jail facility; fine up to $10,000. Served day-for-day unless the court imposes probation instead.
  • Third Degree Felony: 2 to 10 years in TDCJ; fine up to $10,000. Parole eligibility after one-quarter of the sentence.
  • Second Degree Felony: 2 to 20 years in TDCJ; fine up to $10,000. Parole eligibility after one-quarter of the sentence.
  • First Degree Felony: 5 to 99 years or life in TDCJ; fine up to $10,000. Parole eligibility after one-quarter of the sentence for most offenses.
  • Capital Felony: Life without parole or death by execution.

3G offenses under Texas law include murder, aggravated robbery, and sexual assault. These require serving at least half the sentence before parole eligibility. They generally cannot be served on probation.

Felony Enhancement Provisions and Habitual Offender Laws

Texas law increases minimum sentences significantly when you have prior felony convictions. These enhancements work as follows:

  • One prior felony conviction: The current offense is elevated one degree. A Third Degree Felony becomes a Second Degree Felony.
  • Two prior felony convictions (habitual offender): The minimum sentence becomes 25 years. This applies regardless of the current offense degree.
  • State jail felony enhancement: A prior felony conviction can elevate a state jail felony to a Third Degree Felony.

Enhancement allegations must be pled in the charging instrument. The prosecutor must prove them. Challenging them is a legitimate defense strategy. Our legal team pursues this in every eligible criminal case.

How Can I Defend Myself Against Felony Criminal Charges in Montgomery County?

A felony charge in Montgomery County does not guarantee a conviction. The prosecutor must prove every element of the charged offense beyond a reasonable doubt. This is one of the highest legal standards in any court system. Effective felony defense requires a criminal defense attorney who knows where to find weaknesses in the prosecution's case.

Our law firm builds every defense strategy around the specific facts. We look at the available evidence and your goals. Generic defenses are not adequate when prison time and a permanent criminal record are on the line.

Defense Strategies a Criminal Defense Attorney Uses in Montgomery County

Our criminal defense lawyer team uses a range of proven strategies. We draw on extensive experience with complex cases and high profile cases:

  • Constitutional challenge: We file motions to suppress evidence from unlawful searches or improper interrogations. This can eliminate the prosecutor's most critical evidence.
  • Factual defense: We contest whether you committed the alleged act. We use alibi evidence, conflicting witness testimony, or physical evidence.
  • Affirmative defense: We present evidence of self-defense, defense of others, necessity, or duress. These argue your conduct was legally justified.
  • Expert witness testimony: We retain forensic scientists and medical professionals. They counter or reframe the prosecutor's technical evidence at trial.
  • Negotiated resolution: When the evidence makes conviction likely, we negotiate with the DA's Office. We pursue deferred adjudication, reduced charges, or an agreed sentencing recommendation.

Our former prosecutor team member understands how the other side builds its case. We use that inside knowledge to defend clients facing felony charges in Montgomery County's district courts.

Pre-Trial Motions in Montgomery County Criminal Cases

Pre-trial motions are among the most powerful tools a criminal defense attorney can use. They are filed before trial begins. They can reshape the entire case before a jury is ever seated. The most impactful types include:

  • Motion to Suppress Evidence: Argues that specific evidence was obtained in violation of your constitutional rights. Asks the court to exclude it from trial.
  • Motion to Dismiss: Challenges whether the indictment or available evidence legally supports the charged criminal offense.
  • Motion for Discovery: Compels the prosecutor to disclose all evidence. This includes exculpatory evidence before trial begins.
  • Motion in Limine: Asks the court to exclude prejudicial or inadmissible evidence from being presented to the jury.

Successful pre-trial motions regularly lead to a case dismissed, reduced charges, or a stronger plea deal position. Our legal team treats the pre-trial phase as one of the most critical opportunities. Every motion we file is a strategic tool. We pursue each one with the preparation and precision your case demands.

Don’t Wait

Protect Your Rights with a Free Case Review

call 713-489-7734 today

Schedule a Free Consultation With a Montgomery County Felony Lawyer at LaVine Law Firm

If you face felony charges in Montgomery County, act now. A felony conviction means prison time, a permanent criminal record, and loss of civil rights. LaVine Law Firm provides legal services that address police misconduct, uneven plea deals, and trial preparation. Unlike a public defender with a heavy caseload, we give focused attention to your case. Our client testimonials reflect our commitment to results. We deliver professional service with clear communication. Contact us today for a free consultation. Visit LaVine Law Firm or call 713-489-7806 now. Do not face serious charges alone.

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.
What Sets Us Apart

Why Choose
lavine law firm

Free confidential consultations

Aggressive representation

Affordable payment plans

Highly rated

Track record of results

chevron-down