AUSTIN FELONY DEFENSE — TRAVIS COUNTY DISTRICT COURTS
Felony cases in Travis County are handled by the Travis County District Attorney's Office and heard in Travis County District Courts at 1000 Guadalupe Street. Felony charges in Texas range from State Jail felonies (180 days–2 years) through Capital felonies (life or death). The classification determines the sentencing range, the court, and the long-term consequences. An experienced Austin felony defense attorney navigates every stage of this process.
Grand jury intervention can change everything. In Travis County, a felony case goes before a grand jury before formal indictment. An attorney who presents exculpatory evidence to the grand jury — or negotiates with prosecutors before indictment — can sometimes prevent charges from being filed at all. This is why immediate attorney retention after a felony arrest is critical.
Texas Felony Classifications & Penalties
State Jail Felony180 days – 2 years state jail, fines up to $10,000 — drug possession, theft $2,500–$30,000, forgery
Third Degree Felony2–10 years prison — DWI 3rd offense, stalking, indecency with a child by exposure
Second Degree Felony2–20 years prison — aggravated assault, sexual assault, robbery, manslaughter
First Degree Felony5–99 years or life — aggravated sexual assault, aggravated robbery, murder
Capital FelonyLife without parole or death — capital murder
Enhancement AllegationsPrior felony convictions can elevate charges and mandatory minimums — early attorney intervention is critical
Travis County Felony Case Process — Key Stages
1
Arrest & Magistration
Within 24–48 hours of arrest, you appear before a magistrate who sets bond. An attorney present at this stage argues for lower bond.
2
Grand Jury
The DA presents evidence to a grand jury, which decides whether to indict. Our attorneys sometimes present evidence to the grand jury — or negotiate before this stage.
3
Arraignment & Plea
You are formally read the indictment and enter a plea. Most defendants plead "not guilty" initially to preserve options.
4
Discovery & Motions
Your attorney obtains all evidence the State has, challenges illegally obtained evidence, and files suppression motions that can end the case.
5
Trial or Plea Negotiation
Most cases resolve through negotiated plea agreements. When the State's offer is unacceptable, we take the case to a Travis County jury.
Why Early Retention of a Felony Attorney Matters in Austin
Grand jury intervention before indictment can prevent charges from being filed
Pre-indictment negotiation with prosecutors sometimes results in reduced or dropped charges
Critical evidence (surveillance, witness memories) deteriorates quickly — preserve it now
Bail reduction at magistration saves money and time out of custody during the case
Statements made in the days after arrest are often the most damaging evidence
Felony conviction consequences are permanent — the right attorney from the start changes outcomes
Frequently Asked Questions
What is the difference between a state jail felony and a regular felony in Texas?▾
State jail felonies are the lowest felony tier — punishable by 180 days to 2 years in state jail (not prison) and fines up to $10,000. Third, second, and first degree felonies carry prison sentences of 2 years to life.
Can a felony charge be reduced to a misdemeanor in Texas?▾
Yes, in some cases. Through negotiation or successful trial strategies, felony charges can be reduced to misdemeanors — especially for state jail felonies and first-time offenders with strong mitigating circumstances.
What happens at a Travis County grand jury?▾
A grand jury of 12 citizens hears evidence presented by the prosecutor and decides whether probable cause exists to indict. Grand jury proceedings are secret — defendants and their attorneys do not have the right to present evidence unless invited.
Will I lose my right to vote if convicted of a felony in Texas?▾
Yes, during incarceration and parole/probation. Rights are restored automatically after completing your sentence, including parole and probation.
Can a Texas felony conviction be expunged?▾
Generally no — convictions cannot be expunged. However, deferred adjudication for some felonies may be eligible for non-disclosure (sealing) after a waiting period. An attorney evaluates your specific situation.
How long does a felony case take in Travis County?▾
Felony cases in Travis County take 6 months to 2+ years from arrest to resolution, depending on complexity, the strength of the evidence, and court scheduling. An attorney keeps the case moving strategically.