What Are Felony Charges?
Felony charges represent the most serious category of criminal offenses in the United States legal system. Unlike misdemeanors, felonies carry harsher penalties, including lengthy prison sentences, heavy fines, and long-term consequences that can affect every aspect of a person’s life. Defense Lawyer Mike Kohler specializes in defending clients facing felony charges in Houston and provides in-depth guidance for those navigating these complex legal waters.
Types of Felony Charges
Felony offenses vary widely, and each state may define them differently. In Texas, common felony charges include:
- Aggravated assault
- Burglary
- Drug trafficking
- Robbery
- Sexual assault
- Homicide
- Fraud and white-collar crimes
The specific penalties and legal processes involved depend on the nature of the crime, prior convictions, and other circumstances. For a detailed overview of the types of cases handled, visit criminal defense practice areas on Mike Kohler’s website.
How Texas Classifies Felony Charges
Texas law categorizes felonies into several degrees, each with its own sentencing guidelines. The table below outlines the main classifications:
| Felony Degree | Examples | Potential Penalties |
|---|---|---|
| State Jail Felony | Low-level drug possession, theft ($2,500–$30,000) | 180 days–2 years in state jail, up to $10,000 fine |
| Third Degree Felony | Aggravated assault, DWI (third offense) | 2–10 years in prison, up to $10,000 fine |
| Second Degree Felony | Robbery, sexual assault | 2–20 years in prison, up to $10,000 fine |
| First Degree Felony | Aggravated robbery, murder | 5–99 years or life in prison, up to $10,000 fine |
| Capital Felony | Capital murder | Life without parole or death penalty |
The Legal Process for Felony Charges
Facing a felony charge in Houston involves several distinct stages. Understanding the process can help individuals better prepare and work effectively with their defense attorney.
- Arrest and Booking: Law enforcement detains the suspect, collects evidence, and books them into custody.
- Initial Appearance: The accused appears before a judge who sets bail and informs them of the charges.
- Grand Jury Indictment: In Texas, felonies require a grand jury to determine if there is enough evidence to proceed to trial.
- Arraignment: The defendant enters a plea (guilty, not guilty, or no contest).
- Pretrial Proceedings: Includes discovery, motions, and plea negotiations.
- Trial: If no plea agreement is reached, the case goes to trial before a judge or jury.
- Sentencing: If convicted, the judge imposes a sentence based on statutory guidelines.
For more detail on the strategies used in these stages, see criminal defense strategies in Houston.
Potential Defenses Against Felony Charges
Every felony case is unique, and the defense strategy must be tailored to the facts. Defense Lawyer Mike Kohler utilizes a range of approaches depending on the circumstances:
- Challenging Evidence: Questioning the legality of searches, seizures, and the admissibility of evidence.
- Alibi: Demonstrating the defendant was elsewhere when the crime occurred.
- Self-Defense or Defense of Others: Arguing that actions were justified under Texas law.
- Lack of Intent: Showing the accused did not have the required intent for the crime.
- Mistaken Identity: Presenting proof that the defendant was wrongly identified.
- Plea Negotiations: Working to reduce charges or penalties in exchange for a guilty or no contest plea.
For a deeper look at potential legal strategies, visit the criminal defense strategy page.
Consequences of a Felony Conviction
The impact of a felony conviction extends far beyond prison time or fines. Some of the long-term consequences include:
- Employment Barriers: Many employers conduct background checks and may be hesitant to hire individuals with felony records.
- Loss of Civil Rights: Convicted felons may lose the right to vote, serve on a jury, or possess firearms.
- Housing Challenges: Finding rental housing can be significantly more difficult.
- Immigration Issues: Non-citizens may face deportation or denial of citizenship.
- Professional Licensing: Certain professions may deny licenses to individuals with felony convictions.
Why Legal Representation Matters
Navigating the complexities of felony charges requires in-depth knowledge of Texas law and the criminal justice system. Defense Lawyer Mike Kohler’s experience in Houston courts provides clients with a thorough understanding of their rights and options. He offers guidance on every aspect of the case, from pretrial motions to post-conviction relief, ensuring clients are informed at every stage.
The Defense Lawyer Mike Kohler website offers resources and information about the legal process for those facing felony accusations.
Frequently Asked Questions About Felony Charges
What should I do if I am arrested for a felony?
Remain calm and exercise your right to remain silent. Request an attorney immediately. Avoid discussing your case with law enforcement until your lawyer is present.
Can felony charges be reduced or dismissed?
Depending on the evidence and the circumstances, charges may be reduced through plea bargaining or dismissed if there are procedural errors or insufficient evidence. Consulting with a defense attorney is the best way to explore these options.
How long does a felony case take?
The timeline varies based on the complexity of the case, court schedules, and whether the case goes to trial. Some cases resolve in a few months, while others may take a year or more.
Is it possible to have a felony conviction expunged or sealed?
Texas law allows for expungement or non-disclosure in limited circumstances, usually for cases that were dismissed or resulted in acquittal. Consult with an attorney to determine eligibility.
Working with Defense Lawyer Mike Kohler
Mike Kohler’s approach is rooted in a thorough analysis of each client’s situation. From the initial consultation, he reviews the facts, evaluates potential defenses, and explains the possible outcomes. His experience with criminal defense practice in Houston courts enables him to craft strategies tailored to the unique aspects of each felony case.
Clients can expect clear communication and diligent representation throughout the process. To learn more about how Mike Kohler approaches felony cases, visit his criminal defense strategy page.
How to Prepare If You Are Facing Felony Charges
Facing felony charges can be overwhelming. Here are some steps individuals can take to prepare:
- Gather Documentation: Collect any documents, records, or evidence that may be relevant to your case.
- List Witnesses: Write down names and contact information of anyone who may have information about the incident.
- Follow Legal Advice: Listen to your attorney’s guidance and avoid discussing your case with others.
- Stay Informed: Learn about the charges, potential penalties, and the legal process. The Defense Lawyer Mike Kohler website offers helpful resources.
Common Myths About Felony Charges
- Myth: First-time offenders never face prison time.
Fact: Even first-time offenders can receive prison sentences, depending on the severity of the crime and other factors. - Myth: If the victim drops charges, the case is dismissed.
Fact: Prosecutors can continue to pursue charges even if the victim no longer wishes to proceed. - Myth: All felony convictions result in automatic loss of civil rights.
Fact: Some rights may be restored after serving a sentence, but others, like firearm possession, may be permanently lost. - Myth: Hiring a lawyer is only necessary for trial.
Fact: Legal counsel is crucial at every stage, from arrest to plea negotiations and sentencing.
Resources for Those Facing Felony Charges in Houston
Individuals facing felony charges in Houston can access a variety of resources for support and information:
- Defense Lawyer Mike Kohler – Legal representation and educational materials
- Criminal Defense Practice Areas – Detailed information on types of felony cases handled
- Criminal Defense Strategy in Houston – Insights into legal strategies and case preparation
- Houston Bar Association – Community legal resources
- Texas Department of Criminal Justice – Information on the Texas prison system and parole
Contact Information
For personalized advice and representation, contact Defense Lawyer Mike Kohler through his website. His experience with felony charges in Houston courts provides clients with the guidance needed to navigate the legal system.
