Houston Felony Defense Lawyer | Cory Roth Law Office

Protecting the Rights of Clients Facing Serious Allegations

Facing felony charges in Houston brings significant challenges and potential consequences. Understanding the seriousness of these allegations is crucial and having a knowledgeable and experienced defense lawyer is essential. At the Cory Roth Law Office, we provide aggressive representation and strategic defense strategies tailored to each client’s unique situation. Our focus is on protecting your rights and securing your freedom, with the goal of achieving the most favorable outcome for your case.

Felony convictions carry severe repercussions that can impact every aspect of your life. That’s why it’s important to act swiftly and understand the charges against you, as well as the potential penalties if convicted. Our team at the Cory Roth Law Office is committed to fighting vigorously on your behalf. We utilize a comprehensive approach to navigate the complexities of the legal system effectively.

If you’re concerned about the implications of your felony charges or if you’re ready to begin building a robust defense, contact our Houston office at 832-400-4133 today for a consultation to discuss your case and explore your legal options.

What Is a Federal Felony Charge?

While knowing the degree of the felony charges against you is important, it’s also critical to know whether they’re considered state or federal charges. After all, federal charges often have more serious penalties since they accuse you of breaking the laws of your country, not just your state. This is why you need to hire an attorney with experience handling federal felony charges.

Some examples of federal criminal charges include:

Human trafficking
Drug crimes that accuse you of crossing state lines
Certain white-collar crimes, such as wire fraud, forgery, tax evasion, and money laundering
Possession of child pornography
Kidnapping
Any criminal offense committed on federal property
Certain gun crimes, such as illegal possession or transportation of firearms

Your Houston felony defense attorney will tell you if you’re accused of a federal crime, since you will need to know if your case will be tried in the federal or state court system as you prepare for your upcoming court date. If you’re ready to talk to a legal team that can confidently handle both federal and state cases in Texas, call our Houston law office today.

How Do Federal and State Felony Charges Differ?

Federal and state felony charges differ fundamentally in how they are processed, where they are tried, and the consequences that can follow a conviction. At the jurisdictional level, state charges are brought under violations of state laws, typically focusing on crimes that have occurred within state boundaries. In contrast, federal charges involve offenses against federal statutes, which often include crimes that cross state lines or that are committed on federal property.

When it comes to legal proceedings, state felony cases are adjudicated in state courts, a system familiar to most people. Federal felony cases, however, are handled in federal district courts, which follow different procedural rules and are often perceived as more formal.

One of the most significant differences lies in the severity of the penalties. Federal crimes generally carry harsher penalties, including longer prison sentences and steeper fines. This reflects the broader impact these crimes are seen to have on national security and public order.

Furthermore, the entities responsible for prosecuting these cases also vary. U.S. Attorneys, appointed officials, prosecute federal cases, emphasizing the national importance and broader jurisdiction of such matters. At the state level, local district attorneys take the lead, focusing on upholding state laws and community standards.

Examples of federal felonies provide a clearer picture of the scope and nature of federal offenses. These include serious crimes like mail fraud, which undermines the federal postal service, or drug trafficking that spans multiple states, both of which are seen as threats to national integrity and are beyond the purview of individual states. Such distinctions are crucial for understanding how justice is administered on both state and federal levels.

What Crimes Are Considered Felonies in Texas?

Most criminal offenses are categorized as either misdemeanors or felonies. Misdemeanors are crimes that are punishable by up to one year in jail, while felonies can lead to years in jail or prison. In fact, violent felonies that harm or kill other people could result in life in prison or the death penalty. This is why you should hire an experienced lawyer to fight your felony charges, as the consequences of a conviction are too severe to ignore.

Some examples of felony criminal charges in Texas include:

Arson
Grand theft
Aggravated assault
Manslaughter
Stalking
Murder
Robbery
Child pornography
Sexual assault
Drug trafficking

Some crimes can be charged as a misdemeanor or felony, depending on the circumstances. For example, theft of property valued at less than $2,500 is a misdemeanor, but stealing property valued over that amount would be a felony. Similarly, drug crimes can be misdemeanors or felonies depending on the type and amount of substances involved. Your Houston felony defense lawyer will inform you how your charges are classified and what penalties you should expect if convicted.

What Are the Different Types of Felonies in Texas?

Understanding the various types of felonies in Texas is crucial for anyone facing charges. Felonies are categorized based on the severity of the crime and the potential penalties involved. Here’s a breakdown of the different types:

Capital Felonies: These are the most serious offenses, often involving murder or crimes that result in death. The penalties can include life imprisonment without parole or the death penalty.
First-Degree Felonies: Crimes such as aggravated robbery, kidnapping, or arson causing death fall under this category. Convictions can lead to 5 to 99 years in prison and significant fines.
Second-Degree Felonies: These include offenses like manslaughter, sexual assault, and robbery. Penalties range from 2 to 20 years in prison.
Third-Degree Felonies: Crimes such as intoxication assault, certain drug offenses, and theft of property valued between $30,000 and $150,000 are classified here. Convictions can result in 2 to 10 years in prison.
State Jail Felonies: These are the least severe felonies, including offenses like credit card abuse and theft of property valued between $2,500 and $30,000. Penalties include 180 days to 2 years in a state jail.

What Are the Penalties of Texas Felony Offenses?

Texas classifies felonies into five categories, each with its own penalties to be aware of. Note that felonies in Texas usually result in not only jail or prison time, but also fines of up to $10,000 and other possible penalties.

The most serious degree of felony is a capital felony. The punishment is usually either the death penalty or life in prison without parole. The most commonly charged felony of this kind is capital murder, but some extreme cases involving treason, kidnapping, or certain sex crimes can also be charged as capital felonies.

The next most serious felony in Texas is a first-degree felony. Crimes that fall into this category include aggravated robbery, murder, attempted murder, and arson causing death. A first-degree felony conviction can result in 5 to 99 years in state prison.

Second-degree felonies can lead to 2 to 20 years in state prison. Such crimes can include robbery, manslaughter, bribery, and aggravated assault. Third-degree felonies are slightly less severe, leading to 2 to 10 years in state prison. Such offenses can include third DWI, stalking, and tampering with evidence.

Finally, the least severe degree of felony is a state jail felony. Examples include evading arrest, check forgery, or child endangerment DWI. If convicted of this type of crime, you could spend six months to two years in state jail.

No matter which type of felony you’ve been charged with, you will likely be ordered to pay costly fines and spend time in prison or jail. You will also have a felony conviction on your record, which can bar you from voting, owning a gun, or working in certain industries. If you want a chance to avoid such penalties, you should hire a lawyer to use their legal knowledge to defend you from felony charges in Texas. Contact the Cory Roth Law Office to learn more.

How Does the Texas Legal System Handle Felony Charges?

Understanding how the Texas legal system processes felony charges is crucial for anyone facing such allegations. The journey from arrest to potential conviction involves several stages, each with its own procedures and implications.

Arrest and Booking: The process begins with an arrest, where law enforcement officers take the accused into custody. This is followed by booking, where personal information, fingerprints, and photographs are recorded.
Initial Appearance: Soon after being taken into custody, the defendant appears before a judge for an initial hearing. At this session, the charges are officially stated, and the judge might determine bail.
Preliminary Hearing: Occasionally, a preliminary hearing takes place to assess whether sufficient evidence exists to move forward with a trial. The prosecution is required to demonstrate probable cause indicating that the defendant committed the offense.
Indictment: For felony charges, a grand jury might be assembled to examine the evidence and determine if an indictment should be issued, officially charging the individual with a felony offense.
Arraignment: Once indicted, the accused will be arraigned, where they will enter a plea of guilty, not guilty, or no contest.
Pre-Trial Motions and Discovery: Both the defense and prosecution will engage in discovery, exchanging evidence and filing pre-trial motions to shape the trial’s proceedings.
Trial: Should the matter proceed to trial, a judge or jury will hear it. The prosecution is tasked with establishing the defendant’s guilt beyond a reasonable doubt.
Sentencing: If convicted, the accused will face sentencing, where the judge will impose penalties based on the severity of the crime and other factors.
Appeals: The person found guilty is entitled to challenge the verdict, requesting an examination of the trial’s processes and how the law was applied.

By understanding this process, you can more effectively manage the intricacies of the legal system and make well-informed choices as your case advances.

How Can You Support a Loved One Facing Felony Charges?

Supporting a loved one facing felony charges can be challenging but is crucial for their well-being and legal outcome. Here are some ways to help:

Provide Emotional Support: Offer a listening ear and emotional support, helping them cope with the stress and uncertainty of the legal process.
Assist with Legal Representation: Help them find a qualified felony defense attorney and ensure they have the resources needed for a strong defense.
Stay Informed: Educate yourself about the legal process and the specific charges they face to provide informed support and guidance.
Encourage Compliance: Remind them to comply with all court orders, attend hearings, and follow their attorney’s advice.
Explore Resources: Research community resources, such as support groups or counseling services, that can provide additional assistance.

By understanding the complexities of felony charges and taking proactive steps, individuals and their families can navigate the legal system more effectively and work towards a positive resolution.

What Are the Steps to Take After Being Charged with a Felony?

If you are charged with a felony, taking immediate and informed steps can significantly affect the outcome of your case. First, contact an experienced felony defense lawyer as soon as possible to discuss your case and begin building a defense strategy. Next, ensure you understand your legal entitlements, such as the right to remain silent and the right to an attorney.

Following this, it’s crucial to gather any evidence that may support your defense, such as documents, photographs, or witness statements. Refrain from discussing details of your case with anyone other than your attorney, as any statements can be used against you. It’s also essential to ensure you attend every scheduled court date and adhere to any court-imposed requirements.

Additionally, work with your attorney to explore bail options, which may allow you to remain out of custody while awaiting trial. Always follow your attorney’s guidance throughout the legal process to ensure the best possible outcome.

By being proactive and involved in your case, you enable yourself to make informed choices alongside your attorney. This includes a thorough understanding of the charges against you, potential defenses, and possible plea bargain options. Such proactive involvement is crucial in navigating the complexities of your case effectively.

What Are the Common Defenses Against Felony Charges?

Defending against felony charges requires a strategic approach tailored to the specifics of the case. Here are some common defenses used in felony cases:

Alibi: Showing that the defendant was in a different location at the time the crime took place can serve as a powerful defense.
Self-Defense: In cases involving violence, claiming self-defense may be viable if the accused can show they acted to protect themselves from harm.
Insanity: The insanity defense argues that the accused was not in a sound state of mind during the crime, affecting their ability to understand their actions.
Lack of Intent: Many felonies require intent. Demonstrating that the defendant lacked the intention to carry out the offense may result in lesser charges or even a not guilty verdict.
Entrapment: Entrapment could serve as a legitimate defense if the authorities persuaded the defendant to engage in a criminal act they would not have otherwise undertaken.
Mistaken Identity: Eyewitness misidentification can lead to wrongful accusations. Presenting evidence that someone else committed the crime can be crucial.

What Are the Challenges of Defending Against Drug-Related Felonies?

Defending against drug-related felonies involves navigating a series of intricate challenges that demand specialized knowledge and a strategic approach from defense attorneys. One significant hurdle is the complexity of drug laws, which vary significantly across different jurisdictions and include both state and federal regulations. Attorneys must possess a thorough understanding of these laws to effectively defend their clients.

Another common challenge in drug cases is the handling of evidence. These cases typically involve physical evidence such as seized substances, which must be meticulously handled and tested according to strict legal protocols. Any deviation or mishandling of this evidence can be grounds for challenging its admissibility in court.

Additionally, issues surrounding search and seizure operations are central to many drug-related defenses. Defense attorneys often scrutinize the methods by which evidence was obtained, arguing violations of Fourth Amendment rights. Successfully proving such violations can result in evidence being excluded, significantly impacting the prosecution’s case.

Moreover, many drug offenses are subject to mandatory minimum sentences, which pose a further challenge by limiting the judge’s discretion in sentencing. This aspect makes skillful plea bargaining crucial, as it may be the only way to mitigate severe mandatory penalties. This complex landscape makes defending drug-related felonies a demanding task that requires adept and experienced legal counsel.

How Does Bail Work in Felony Cases?

In felony cases, bail serves as a crucial component of the pre-trial process, providing defendants the opportunity to remain free while awaiting trial. The process begins shortly after an arrest with a bail hearing, where a judge determines whether the defendant is eligible for release on bail and sets the appropriate amount.

During this hearing, the judge evaluates several factors to make a decision. These include the severity of the alleged crime, the defendant’s criminal history, and the likelihood that the defendant might flee before trial. The decision aims to balance the community’s safety and the defendant’s right to freedom during the pre-trial period.

Bail can be arranged in several forms. Most commonly, it is posted as cash or through a bail bond, which involves a bail bond agency paying the full amount in exchange for a fee from the defendant. Alternatively, defendants can secure bail with property worth the full bail amount. In certain circumstances, particularly when the risk to the community is low and the defendant shows reliability, the court may release a defendant on their own recognizance, which means without requiring bail.

Once released, defendants must comply with specific conditions set by the court. These generally include mandatory attendance at all court appearances and often stipulate no contact with victims or witnesses. Violating these conditions can result in the revocation of bail and the defendant being taken into custody until the trial.

How Can You Prepare for a Felony Trial?

Preparing for a felony trial involves several steps to ensure you are ready to present a strong defense:

Understand the Charges: Gain a clear understanding of the charges against you and the potential penalties if convicted.
Work with Your Lawyer: Collaborate closely with your defense attorney to develop a comprehensive trial strategy.
Organize Evidence: Compile and organize all relevant evidence, including documents, photographs, and witness statements.
Identify Witnesses: Determine which witnesses can support your defense and ensure they are prepared to testify.
Practice Testimony: Work with your attorney to practice your testimony, focusing on clear and concise communication.

Review Legal Procedures: Familiarize yourself with courtroom procedures and the trial process to reduce anxiety and improve confidence.
Maintain Composure: Stay calm and composed throughout the trial, as demeanor can influence perceptions in the courtroom.

What Are the Rights of a Defendant in a Felony Case?

Defendants in felony cases have specific rights designed to ensure a fair trial and protect their legal interests. These rights include:

Right to an Attorney: Defendants have the right to legal representation. If they cannot afford an attorney, one will be appointed.
Right to a Fair Trial: This includes the right to a public trial, an impartial jury, and the opportunity to present a defense.
Right to Remain Silent: Defendants are not required to testify against themselves and can choose to remain silent during interrogations and trial.
Right to Confront Witnesses: Defendants can cross-examine witnesses who testify against them, challenging their credibility and statements.
Right to Appeal: If convicted, defendants have the right to appeal the decision, seeking a review of the trial’s fairness and legal procedures.

How Does Plea Bargaining Work in Felony Cases?

Plea bargaining plays a pivotal role in the criminal justice system by allowing defendants to negotiate with prosecutors for potentially reduced charges or sentences. The process begins with negotiation, where the defense attorney and prosecutor discuss the case details, including the strength of the evidence, the severity of the charges, and the potential penalties at stake.

Once both parties reach a mutual agreement, the defendant might agree to plead guilty to a lesser charge or accept a lighter sentence in exchange for waiving their right to a trial. However, any plea deal reached through these negotiations must then be presented to a judge. This step ensures that the plea is not only fair but also entered voluntarily by the defendant. The judge’s approval is crucial as it legitimizes the agreement within the judicial process.

The benefits of plea bargaining are significant. For the defendant, it can mean lighter sentences and reduced charges, while for the court system, it helps in alleviating case backlogs and expediting the resolution of cases. This not only streamlines the judicial process but also allocates resources more effectively, benefiting all parties involved in the legal system.

What Is the Role of a Grand Jury in Felony Cases?

A grand jury serves a vital function in the felony charging process by assessing whether sufficient evidence exists to justify a trial. The process begins when a prosecutor presents evidence to the grand jury, which meticulously reviews this information to evaluate the merits of the case. Based on this review, the grand jury then makes a critical decision on whether to issue an indictment, formally charging the defendant with a felony. This decision requires a majority vote from the grand jury members.

The proceedings of a grand jury are shrouded in secrecy, a practice designed to protect the accused’s reputation and to facilitate candid testimony from witnesses without fear of public backlash. Another distinctive aspect of the grand jury process is the absence of defense representation; the defense attorney does not participate, and the accused is also not present during these proceedings. This stage of the legal process focuses solely on the prosecution’s ability to present a case strong enough to warrant moving forward to trial.

How Can Mental Health Impact a Felony Case?

Mental health can play a significant role in felony cases, affecting both the defense strategy and the outcome. Here are some considerations:

Insanity Defense: Defendants may claim they were not in a sound state of mind during the crime, potentially leading to a verdict of not guilty by reason of insanity.
Competency to Stand Trial: Defendants must be mentally competent to understand the charges and participate in their defense. If deemed incompetent, the trial may be delayed until competency is restored.
Mitigating Factors: Mental health issues can be presented as mitigating factors during sentencing, potentially leading to reduced penalties or alternative sentencing options.
Treatment Programs: Courts may order mental health treatment as part of the sentencing, focusing on rehabilitation rather than punishment.

How Can Technology Impact Felony Cases?

Technology significantly influences the legal landscape of felony cases, impacting both prosecution and defense strategies. One major area is digital evidence; communications like emails, text messages, and social media posts have become crucial elements of many cases. Handling this type of evidence demands specialized knowledge in digital forensics to ensure its integrity and relevance in court.

Additionally, video surveillance plays a critical role, offering potent evidence that can confirm accounts of events or introduce new information. However, the use of surveillance footage also introduces debates over privacy rights and the authenticity of the recordings, requiring careful legal scrutiny.

Advancements in DNA technology have also transformed legal proceedings by providing highly reliable methods to link defendants to crime scenes. This can either bolster the prosecution’s case or potentially exclude suspects, underscoring its dual impact.

Furthermore, with the rise of cybercrime, both sides of the courtroom must have a solid understanding of digital evidence and cybersecurity. As crimes evolve with technology, the legal field continuously adapts to address these challenges effectively, balancing technological capabilities with legal and ethical considerations.

What Are the Potential Outcomes of a Felony Trial?

The outcome of a felony trial can vary based on the evidence presented, the defense strategy, and the jury’s decision. Here are some potential outcomes:

Acquittal: Should the jury determine the accused is not guilty, the individual is cleared of the charges and set free from detention.
Conviction: A guilty verdict results in a conviction, leading to sentencing where penalties are imposed based on the crime’s severity.
Mistrial: A mistrial may occur if there is a procedural error or if the jury cannot reach a unanimous decision, potentially leading to a retrial.
Plea Agreement: In some cases, a plea agreement may be reached before or during the trial, resulting in reduced charges or a lighter sentence.
Dismissal: Charges may be dismissed if the prosecution lacks sufficient evidence or if legal errors are identified.

What Are the Alternatives to Incarceration for Felony Offenders?

For some felony offenders, alternatives to incarceration may be available, focusing on rehabilitation rather than punishment. Here are some options:

Probation: Offenders may be placed on probation, allowing them to remain in the community under supervision while adhering to specific conditions.
Community Service: Courts may require offenders to perform community service as part of their sentence, contributing positively to society.
Drug Treatment Programs: For drug-related offenses, participation in treatment programs can address underlying substance abuse issues and reduce recidivism.
Restorative Justice: This approach focuses on repairing harm to victims and communities, often involving mediation and restitution.

How Can a Felony Conviction Impact Your Life?

A felony conviction has far-reaching consequences that go well beyond immediate legal penalties. It can severely complicate employment opportunities, as many employers conduct background checks and may hesitate to hire someone with a criminal record. Certain professions, such as law, healthcare, and finance, require licensing that can be denied or revoked following a felony conviction.

Housing challenges are also common; landlords frequently conduct criminal background checks and may reject rental applications from individuals with felony convictions. Educational prospects can be similarly affected, with some scholarships and academic programs being off-limits to those with a felony record.

In Texas, a felony conviction results in the loss of voting rights while serving time in prison, on parole, or on probation. These rights are restored upon completion of the sentence, reinstating the individual’s ability to participate in elections.

Additionally, federal law bars individuals with felony convictions from owning or possessing firearms, which can impact both personal and professional life.

Given these extensive impacts, it’s essential for anyone facing felony charges to secure skilled legal defense to minimize these potential long-term consequences.

How Can You Rebuild Your Life After a Felony Conviction?

Reconstructing your life following a felony conviction is difficult, yet achievable with perseverance and assistance. Here are steps to consider:

Seek Employment: Explore job opportunities that are open to individuals with criminal records and consider vocational training to enhance skills.
Pursue Education: Furthering your education can open new career paths and improve employment prospects.
Engage in Community Service: Volunteering can help rebuild your reputation and demonstrate a commitment to positive change.
Access Support Services: Utilize support services, such as counseling or reentry programs, to address challenges and facilitate reintegration.
Expungement: Explore the possibility of expungement or record sealing, which can remove or limit access to your criminal record.
Rebuild Relationships: Focus on repairing and strengthening relationships with family and friends, who can provide essential support.
Stay Informed: Keep informed about changes in laws and policies that may affect your rights and opportunities as a convicted felon.

What Role Does a Felony Defense Lawyer Play?

A felony defense lawyer serves as an indispensable ally for anyone confronting serious criminal charges, taking on a multifaceted role that is pivotal in safeguarding the accused’s rights and securing the best possible outcome. This lawyer provides skilled representation in court, meticulously ensuring that all procedural and substantive rights of the accused are respected throughout the legal process.

Their responsibilities begin with a thorough analysis of the case details, including scrutinizing all evidence and witness statements to identify both strengths and weaknesses. From these insights, the attorney crafts a defense strategy specifically tailored to the unique aspects of the case and the circumstances of the accused.

Negotiation forms a critical part of their role, as they engage in discussions with the prosecution to potentially reduce charges or secure a more favorable sentencing outcome. In preparation for trial, they are tasked with gathering additional evidence, interviewing witnesses, and constructing cogent arguments to robustly advocate for the accused in court.

Beyond these legal duties, a felony defense lawyer provides vital support and guidance to the accused, helping them to understand and navigate the complexities of the legal system, thereby easing the burden of facing serious criminal charges.

Why Should You Hire a Trusted Houston Felony Defense Lawyer?

If you’re facing a felony conviction in Texas, the penalties are severe. A conviction can bring heavy fines, community service, or even time in jail or prison, each with the potential to change your life forever. Financial setbacks, loss of employment, strained relationships, and a lasting criminal record are just some of the long-term consequences. However, you do have options. By securing a Houston criminal defense attorney, you can work toward avoiding or reducing these penalties.

As criminal defense attorneys experienced in handling both state and federal criminal cases, the team at our law office understands what’s at stake for you and your family. We take action from the start, analyzing every detail of your case and examining the prosecution’s evidence to identify any weaknesses. Whether you’re facing drug charges, fraud, violent crimes, or other felony offenses, we develop a defense strategy that reflects your specific situation and goals.

A strong defense can make a significant difference in federal criminal cases, where penalties are especially harsh, and the system may feel overwhelming. Having an attorney to stand by your side and advocate for you in court can mean the difference between prison time and alternative options, such as probation or reduced charges.

Schedule An Initial Consultation Today at the Cory Roth Law Office

At the Cory Roth Law Office, we understand the gravity of facing felony charges and the profound impact they can have on your future. When you choose our team for your defense, you’re partnering with a dedicated Houston felony defense attorney experienced in navigating both state and federal criminal systems. We start by meticulously analyzing every detail of your case, challenging the prosecution’s evidence, and identifying strategic opportunities to strengthen your defense.

Our commitment to you goes beyond simple legal representation. We aim to provide a holistic defense approach tailored to your specific circumstances, helping to mitigate potential penalties or dismiss charges where possible. From drug charges and fraud to violent crimes and other serious offenses, the Cory Roth Law Office is equipped to handle it all with the utmost competence and determination.

Your initial consultation is an opportunity for us to understand the nuances of your case and outline a detailed plan of action. Don’t let the weight of felony charges derail your future. Contact the Cory Roth Law Office today at 832-400-4133 to schedule your consultation.