Felony Defense Attorney in Waco, Texas

A state jail felony carries 180 days to two years in a state jail, and a third degree felony two to ten years in prison. A second degree felony carries two to twenty years, and a first degree felony five to 99 years or life. Each may add a fine of up to $10,000. For adults, capital felonies generally carry life without parole or death.

After a felony arrest you go before a magistrate, who reads the charge and, in most cases, sets bail. People arrested in Waco are generally held at the McLennan County Jail until bond is posted; we can file a motion asking the court to reconsider the bond amount. A felony usually cannot go to trial without a grand jury indictment.

After indictment you are arraigned in a McLennan County district court. Texas law generally requires the prosecutor to share offense reports, witness statements and other evidence once the defense requests them. We review everything and, where the facts support it, move to suppress evidence from an unlawful search or arrest. Most cases end in a negotiated plea or a jury trial, followed by sentencing.

Community supervision, or probation, is available for many felonies when the sentence is ten years or less and the offense is not excluded. Where the law allows it, deferred adjudication lets a judge accept a plea without a finding of guilt; completing every term generally ends the case without a Texas conviction. A record usually remains, and immigration law generally treats it as a conviction.

Federal and Texas law restrict firearm possession after a felony conviction. In Texas you cannot vote until the sentence, including parole or probation, is fully discharged. Employers, landlords and licensing boards can see the record, which generally cannot be expunged. For non-citizens, certain felonies can lead to removal or block immigration benefits.