East Texas Felony Defense Lawyer in Tyler, Texas
At the law firm of John J. Eastland, Attorney at Law, I receive many calls asking about felony defense. For more than 20 years, I have been providing aggressive, effective criminal defense to people facing felony and misdemeanor charges. The information presented on this page is a broad overview of Texas felony charges. For more information, contact me for a free initial consultation. My office is located in Tyler, Texas, and I primarily serve residents of Smith County, Gregg County and the surrounding counties throughout East Texas.
What is felony?
Felony is the legal term used by the criminal justice system to define a serious crime which may be punishable by more than one year in a state or federal prison. In this regard, it differs from a misdemeanor offense, which is generally punishable by one year or less in a county jail. In addition, under the Texas enhancement law, a felony conviction for any type of offense may be enhanced in punishment, leading to possible life imprisonment.
Almost any criminal offense can be charged as a felony
A criminal offense that might otherwise be charged as an infraction or a misdemeanor can be increased to a felony offense if a victim suffered physical injury or significant property or financial damages. Under Texas law, a misdemeanor DWI charge can be increased to a felony if one has had two previous DWI convictions within the past 10 years, if there was a child under the age of 15 in the car, or if one’s intoxication resulted in an accident with injuries or death to an innocent victim.
If you have been charged with a felony, protecting your rights is critical
Because of the potential seriousness of the punishment for a conviction, it is important that your defense attorney understands the importance of protecting your rights while fighting aggressively for a reduction of charges to a nonfelony offense, whenever possible.
What rights need to be protected?
After being charged with a felony, don't assume that the police or prosecutors will help you protect your rights. In fact, they will want you to give up your rights.
Your felony defense attorney must have experience protecting your rights, such as:
- Demand discovery of the evidence in the state's possession
- Subpoena witnesses to testify on your behalf
- Retain expert witnesses and investigators
- Remain silent during your trial and choose not to testify
- Confront and cross-examine your accusers
You can rely on my felony defense experience to do everything in my power to seek the best possible result in your case. As an experienced criminal defense attorney, I can:
- Seek the suppression of incriminating confessions
- Seek the suppression of illegally obtained evidence
- Challenge the sufficiency of any search warrant
- Seek the suppression of evidence gained from an illegal search
- Help you find experts who can provide testimony on your behalf
If you have been charged with a felony, your future is at stake. At my firm, you will never be judged for the crime you committed. Your case will receive close attention to detail and you will receive my honest, best efforts to help you protect your rights. Contact me right away. Whether I'm in the office or in court, I'm here for you.
FELONY PUNISHMENTS:
Capital Felony; death or life without parole
First Degree Felony; 5 to 99 years, or life in the penitentiary and a fine up to $10,000
Second Degree Felony; 2 to 20 years and a fine up to $10,000
Third Degree Felony; 2 to 10 years and a fine up to $10,000
State Jail Felony; 180 days to 2 years in a state jail facility and a fine up to $10,000
Furthermore, felony punishments can be enhanced to a greater degree of punishment depending on the nature of the offense or person’s criminal history.
