League City Serious Felonies Attorney

League City Serious Felonies Attorney

Texas has a reputation for being tough on crime, and statistics on arrests are proof that police aggressively pursue alleged offenders. The Texas Department of Public Safety (DPS) reports that more than 530,700 people are arrested for violating penal statutes, including those charged by Texas Rangers, sheriffs in Galveston County and throughout the state, and local law enforcement. While some might face fines, minimal jail time, or probation for misdemeanor crimes, many of these individuals are charged with felony offenses. A conviction is usually punishable by at least a year in prison, though you could be sentenced to life in prison for serious felonies – or even death in a homicide case.

However, it is important to remember that an arrest is not a conviction. There are multiple opportunities to defend the allegations or obtain a favorable outcome; you might even be able to get the charges reduced to a misdemeanor, which means less severe penalties. You will need skilled legal counsel on your side to fight the charges, so please contact the Law Offices of Tad Nelson & Associates to learn how we can help. We can set up a consultation with a League City serious felonies attorney, and some background on these cases is useful.

Felony Cases Our Firm Handles

Having served as a prosecutor on the other side of criminal cases, Mr. Nelson applies his extensive experience and in-depth knowledge to protecting the rights of defendants in felony cases. You can feel confident that your case is in hands if you were arrested for:

• Aggravated robbery, i.e., armed robbery and causing serious bodily injury during commission of the offense;
• Burglary, unlawful entry, breaking and entering, and criminal trespassing;
• Serious drug crimes, including possession, distribution, delivering, trafficking, manufacturing, and cultivating drugs within the Penalty Group system established by the Texas Controlled Substances Act;
• Violent crimes, including some forms of assault and aggravated assault;
• Use of a firearm when committing a crime, which encompasses shooting the victim, firing into the air, and exhibiting a weapon without firing any shots;
• Criminal homicide, including murder, capital murder, manslaughter, and criminally negligent homicide;
• Vehicular manslaughter, causing death to another person while operating a vehicle in a reckless manner;
• Intoxication manslaughter, when a person who is under the influence of alcohol or drugs causes a fatal traffic accident;
• Aggravated kidnapping and Human trafficking
• Sexual assault, including rape; and,
• Arson.

Texas System for Classifying Felonies

The basic classification system divides misdemeanors from felonies, but there are also levels of felonies within this category.

The lowest grade is a State Jail Felony, punishable by 180 days to 2 years’ incarceration and a maximum fine of $10,000. Possession of Penalty Group 1 drugs in an amount of 1 gram or less is a State Jail Felony.

If convicted for a Third Degree Felony, mandatory minimum sentencing applies. A judge must order at least 2 years in prison, but the court could sentence you to a maximum of 10 years. An example of a felony in this category is evading arrest in a car.

Second Degree Felony cases also impose a mandatory minimum of 2 years’ imprisonment, but the maximum is 20 years. Burglary is a Second Degree Felony when the defendant is accused of breaking into a home to commit theft.

For a conviction on First Degree Felony charges, a person faces 5 to 99 years’ incarceration. From the example above, burglary becomes a First Degree Felony if the allegations involve breaking into a habitation to commit a felony other than theft.

A Capital Felony conviction is punishable by the death penalty, but the prosecutor may not opt to seek capital punishment; in such a case, the penalty is life in prison without parole. Capital murder falls in this category, which defined as the offense of murder under specific circumstances listed in the statute.

How a Defense Attorney Supports Your Rights

Considering the harsh punishment for a conviction, you can see that representation is critical for fighting serious felony charges. Fortunately, there are some defenses that are available in every criminal case, and they mainly deal with constitutional protections. Examples include:

• Unlawful search and seizure in violation of the Fourth Amendment;
• Disregarding your rights against self-incrimination under the Fifth Amendment; and,
• Violating your rights to assistance from counsel and to a speedy trial.

In addition, there strategies for fighting specific felony crimes. The elements of felony offenses are spelled out in the Texas Penal Code, and the prosecutor must prove each one beyond a reasonable doubt. If the government falls short even slightly, you could be acquitted. Plus, you may have options for resolving the case through a plea bargain. It may be possible to lower the degree of felony or reduce the felony charges to a misdemeanor, both of which could result in lenient punishment.

The key to taking advantage of defenses and related strategies is retaining a League City serious felonies lawyer right away. Our team at the Law Offices of Tad Nelson & Associates will support your rights by:

• Protecting your interests during investigations and potential interrogations by police;
• Representing you at the arraignment, in which the court addresses bail and pretrial release;
• Filing motions related to the defenses mentioned above, which could possibly get the charges dismissed before trial;
• Discussing plea bargains with the prosecutor;
• Cross-examining witnesses and attacking the prosecutor’s evidence;
• Presenting exhibits and witnesses to support your defense; and,
• Assisting with your sentencing hearing if you are convicted of a serious felony.

A League City Serious Felonies Attorney Will Assist with Defenses

As you can see from this overview, you are better able to leverage defenses and related strategies when you retain experienced legal representation early in the criminal process. You are entitled to counsel during investigations and questioning, even before being arrested, so take advantage of your rights. To learn how our team can assist with your case, please contact the Law Offices of Tad Nelson & Associates. You can call (281) 280-0100 or visit our website to set up a consultation with a serious felony defense lawyer in Galveston County.