Harris County Criminal Defense
Facing criminal charges in Houston? The decisions you make in the first 48 hours after an arrest shape everything that follows. An experienced criminal defense attorney can protect your rights, challenge the evidence against you, and fight for the best possible outcome in your case.
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Being arrested or charged with a crime in Houston is a serious event that demands immediate attention. Texas criminal law is strict — a conviction can result in jail time, heavy fines, a permanent criminal record, and long-term consequences that affect your employment, housing, and civil rights.
Houston’s criminal court system, centered at the Harris County Criminal Justice Center at 1201 Franklin Street, handles approximately 300,000 criminal cases each year (Source: Harris County District Clerk). The system moves quickly: after an arrest, you must be brought before a magistrate within 48 hours under Texas Code of Criminal Procedure Article 26.01.
A criminal defense attorney’s role is to protect your constitutional rights, challenge the prosecution’s evidence, negotiate with prosecutors, and — when necessary — take your case to trial. The right attorney can mean the difference between a dismissal, a reduced charge, and a conviction.
The first 48 hours shape the trajectory of your entire case. Here is what you should do.
You have a constitutional right under the Fifth Amendment not to answer investigators’ questions without an attorney present. Do not give a statement. Do not consent to a search. Do not try to “explain” what happened. Politely decline to answer questions and request an attorney. Being silent is not an admission of guilt.
Before you say anything else, before bond, before a magistration appearance — call a criminal defense lawyer. Early legal intervention changes what gets charged, what gets said in your case, and what your bond conditions look like. A lawyer can also protect you from making statements that could be used against you.
In Harris County, after arrest you will be taken to the Joint Processing Center at 700 N. San Jacinto. A magistrate will review probable cause and set bail. With an attorney present at magistration, the bond amount can sometimes be reduced, and unreasonable conditions can be challenged before they are imposed.
Save text messages, call logs, surveillance footage, witness names, and any timeline of events. Evidence disappears fast. The defense investigation should start before the prosecution’s does. Tell your attorney everything — communications with your lawyer are confidential.
We defend clients facing misdemeanor and felony charges throughout Harris County and surrounding Texas counties.
A first offense DWI in Texas is a Class B Misdemeanor under Texas Penal Code §49.04. Penalties include fines up to $2,000, jail time of 72 hours to 180 days, and driver’s license suspension of 90 days to 1 year. If your blood alcohol concentration (BAC) was 0.15% or higher, the charge upgrades to a Class A Misdemeanor. A DWI with a child passenger under 15 is a State Jail Felony. Texas defines intoxication as either a BAC of 0.08% or higher, or a loss of normal mental or physical faculties.
Texas drug offenses are governed by the Texas Controlled Substances Act and can range from a Class C Misdemeanor (possession of drug paraphernalia, fine up to $500) to a First-Degree Felony (manufacturing or delivering certain controlled substances, 5 to 99 years or life in prison). Penalties depend on the type of substance, quantity, and whether manufacturing or delivery is alleged. A skilled attorney can challenge search and seizure procedures, chain of custody, and lab testing methods.
Assault in Texas ranges from a Class C Misdemeanor (threat of harm, fine up to $500) to a Second-Degree Felony for aggravated assault (2 to 20 years in prison). Assault causing bodily injury is typically a Class A Misdemeanor (up to 1 year in jail, up to $4,000 fine). If a weapon was used or serious bodily injury resulted, charges escalate to felony levels. Texas Penal Code §22.01 defines assault as intentionally, knowingly, or recklessly causing bodily injury, threatening imminent bodily injury, or causing physical contact that would be considered provocative or offensive.
Texas treats domestic violence — also called family violence — as a serious criminal offense under Penal Code §22.01. Charges can arise from allegations of assault, bodily injury, threats, or physical harm between family members, household members, or people in dating relationships. Even a single arrest, regardless of intent or injury, can result in orders of protection, strict bond conditions, and disruption to your personal and professional life. Domestic violence charges can be misdemeanors or felonies depending on prior convictions, alleged injury, or use of weapons.
Sex crime allegations in Texas carry some of the most severe penalties in the criminal justice system, including lengthy prison sentences and mandatory sex offender registration. Offenses range from Class A Misdemeanors (prostitution) to First-Degree Felonies (aggravated sexual assault, 5 to 99 years or life in prison). False allegations do occur, and an experienced defense attorney can challenge the credibility of evidence, DNA testing procedures, and the circumstances of the investigation.
Texas categorizes theft offenses primarily by the value of property allegedly stolen under Penal Code §31.03. Theft of property valued under $100 is a Class C Misdemeanor (fine up to $500). Theft of property valued between $100 and $750 is a Class B Misdemeanor (up to 180 days in jail, up to $2,000 fine). Theft between $750 and $2,500 is a Class A Misdemeanor (up to 1 year in jail, up to $4,000 fine). Values above $2,500 can result in felony charges. Certain types of property — including firearms, livestock, and items stolen from specific victims — trigger enhanced penalties regardless of value.
Federal criminal cases differ significantly from state cases. Federal investigations often begin long before an arrest, and defendants may receive a target letter or grand jury subpoena before charges are filed. Federal crimes in the Southern District of Texas — which covers Houston — can include drug conspiracy, wire fraud, healthcare fraud, tax evasion, money laundering, and firearms offenses. Federal sentences typically do not allow probation in the same way state sentences do, and federal sentencing guidelines can result in mandatory minimum prison terms.
Texas law allows certain criminal records to be cleared through expunction or nondisclosure orders. Expunction (under Texas Code of Criminal Procedure Ch. 55) completely destroys the record of an arrest that did not result in a conviction — including cases that were dismissed, cases where you were acquitted at trial, or cases that were never formally charged. Nondisclosure orders (under Texas Government Code Ch. 411) seal the record but do not destroy it. Eligibility depends on the offense, the outcome, and whether deferred adjudication was completed.
Texas classifies criminal offenses by severity. The classification determines potential punishment, from fines to life in prison. The following table reflects the penalty ranges under the Texas Penal Code.
| Classification | Confinement Range | Maximum Fine | Examples |
|---|---|---|---|
| Class C Misdemeanor | None (fine only) | $500 | Traffic violations, public intoxication, minor theft under $100 |
| Class B Misdemeanor | Up to 180 days county jail | $2,000 | First DWI, possession of marijuana (up to 2 oz), theft $100–$750 |
| Class A Misdemeanor | Up to 1 year county jail | $4,000 | Assault with bodily injury, theft $750–$2,500, DWI with BAC 0.15%+ |
| State Jail Felony | 180 days to 2 years state jail | $10,000 | DWI with child passenger, theft $2,500–$30,000, possession of controlled substance |
| 3rd Degree Felony | 2 to 10 years prison | $10,000 | Third DWI, stalking, intoxication assault, possession of 1–4 grams controlled substance |
| 2nd Degree Felony | 2 to 20 years prison | $10,000 | Aggravated assault, sexual assault, robbery, intoxication manslaughter |
| 1st Degree Felony | 5 to 99 years or life prison | $10,000 | Murder, aggravated robbery, trafficking, sexual assault of a child |
| Capital Felony | Life without parole or death | N/A | Capital murder (murder of certain officials, murder during another felony, murder for hire) |
Source: Texas Penal Code Chapter 12, Texas Attorney General Penal Code Offenses by Punishment Range. Penalties shown are maximum ranges — actual sentences vary based on criminal history, case facts, and judicial discretion.
Driving While Intoxicated is one of the most common criminal charges in Houston. Understanding the penalties is critical.
Classification: Class B Misdemeanor (Texas Penal Code §49.04)
Aggravating factor: If BAC was 0.15% or higher, the charge upgrades to a Class A Misdemeanor (up to 1 year jail, up to $4,000 fine).
Classification: Class A Misdemeanor
Classification: Third-Degree Felony
Classification: State Jail Felony (Texas Penal Code §49.045)
Beyond jail, fines, and license suspension, a DWI conviction can cost tens of thousands of dollars over several years:
Total estimated cost: $10,000–$25,000+ over 3–5 years. This does not include potential job loss, professional license consequences, or difficulty finding housing.
Harris County handles approximately 300,000 criminal cases each year. Understanding the process helps you know what to expect.
After an arrest by Houston Police, Harris County Sheriff’s deputies, or other law enforcement, you are taken into custody and booked at the Joint Processing Center (700 N. San Jacinto). During booking, officers record your information, take fingerprints and a mugshot, and list the charges against you.
Under Texas Code of Criminal Procedure Article 26.01, you must be brought before a magistrate within 48 hours of arrest. In Harris County, a magistrate is available 24/7 via teleconference to review new arrests. The magistrate determines probable cause and sets bail. An attorney can advocate for favorable bond conditions at this stage.
The arraignment is your first formal court appearance at the Harris County Criminal Justice Center (1201 Franklin St). The judge reads your charges and asks you to enter a plea: guilty, not guilty, or no contest. In most cases, your attorney will enter a not guilty plea to allow time for case investigation. The judge also addresses bond conditions and sets future court dates.
After arraignment, your attorney requests discovery — the prosecution’s evidence against you. This includes police reports, body camera footage, witness statements, lab results, and any other evidence. Your attorney reviews this material to identify weaknesses in the prosecution’s case, constitutional violations, and potential defenses.
Your attorney may file motions to suppress evidence obtained through illegal searches, challenge the legality of the traffic stop, or dispute the reliability of chemical testing. Prosecutors may also offer plea bargains during this phase. An experienced attorney evaluates every offer against the strength of the defense case.
If your case cannot be resolved through negotiation, it proceeds to trial. You have the right to a jury trial for all criminal offenses in Texas. The prosecution must prove every element of the charge beyond a reasonable doubt. Your attorney presents the defense case, cross-examines witnesses, and argues for acquittal.
Board Certification is the highest formal credential available to a Texas lawyer. It is awarded by the Texas Board of Legal Specialization to attorneys who have demonstrated substantial trial experience, passed a rigorous examination, and received favorable peer evaluations from judges and other attorneys. Fewer than 10% of Texas attorneys hold a Board Certification in any specialty.
Our team includes attorneys who previously served as prosecutors. They know how the government builds cases, where evidence is strongest, and where cases break down. This inside knowledge shapes more effective defense strategies.
Most criminal cases never see a jury, because most defense lawyers will not take one to trial. We will. Plea bargains exist because trials happen — and prosecutors negotiate differently with attorneys who are prepared to pick a jury.
Arrests happen at midnight. We answer. The first 24 hours after an arrest will shape the next 24 months of your life. Early legal intervention changes what gets charged, what gets said, and what your bond looks like.
We intentionally limit the number of cases we handle at any one time. Unlike high-volume firms, this allows us to give each case the attention it deserves. You get your attorney’s direct line, prompt communication, and a relationship built on trust.
Past results do not guarantee future outcomes — every case is unique. But our track record of dismissals, charge reductions, and acquittals reflects our commitment to fighting for every client. We have handled hundreds of criminal cases across Harris County and Texas state courts.
Yes, and the earlier the better. If law enforcement has contacted you, served a search warrant, or made you aware that you are under investigation, the time to hire counsel is now. Pre-charge representation can sometimes prevent charges from being filed, narrow what gets charged, or position the defense before evidence is locked in. Once an indictment is returned, your leverage decreases.
An arrest happens when police take you into custody based on probable cause. Charges are filed separately — for misdemeanors, charges are filed by information (a document from the prosecutor); for felonies, a grand jury reviews evidence and may return an indictment. You can be arrested and never formally charged, or charged without having been arrested.
No. Innocent people are convicted every year on statements they gave to police trying to clear things up. You have a constitutional right to remain silent and a constitutional right to an attorney. Use both. Politely decline to answer questions, do not consent to searches, and ask to speak with a lawyer. Being silent is not an admission of guilt.
It varies significantly. Simple misdemeanor cases may resolve in a few months. Complex felony cases, particularly those involving extensive discovery or multiple defendants, can take a year or longer. Court backlogs in Harris County — which handles approximately 300,000 criminal cases per year — can add delays. Your attorney can provide a more accurate timeline based on the specifics of your case.
Most misdemeanors have a 2-year statute of limitations (Texas Code of Criminal Procedure Art. 12.02). Most felonies have a 3-year limit (Art. 12.01). However, there is no time limit for murder, manslaughter, and some child sex offenses. Certain white-collar and federal crimes may have longer limitation periods.
Yes. Texas criminal charges can be dismissed outright, reduced to a lesser offense, resolved through pretrial diversion, or won at trial. Outcomes depend on the facts, the evidence, the defendant’s history, and the quality and timing of the defense. Early legal intervention almost always produces better options than late representation.
Sometimes, yes. Dismissed or acquitted cases may qualify for expunction — complete destruction of the arrest record. Deferred adjudication may allow a nondisclosure order — sealing the record from public view. Eligibility depends on the offense type, the outcome, and whether you successfully completed probation. Texas law provides specific pathways for record clearing under Code of Criminal Procedure Chapter 55 (expunction) and Government Code Chapter 411 (nondisclosure).
Costs vary based on the charge, complexity, and whether the case goes to trial. Most criminal defense firms charge flat fees rather than hourly billing. Misdemeanor representation typically ranges from $3,000 to $10,000. Felony representation generally starts higher and scales with the severity of the charge. Federal cases require more extensive preparation and generally start higher. Many firms offer free initial consultations and payment plans.
Harris County Criminal Justice Center
1201 Franklin Street
Houston, TX 77002
Underground garage at Congress and San Jacinto, connected via tunnel. Surface lots on Franklin, San Jacinto, and Commerce streets. Metered street parking available. Preston METRORail station is a short walk. Arrive at least 30 minutes early for parking and security.
Check your case status online at the Harris County District Clerk’s website or call the court directly. Your attorney can also provide updates on all scheduled settings.
A criminal charge is not a conviction. You have rights, and you deserve a defense built on experience, knowledge, and preparation. Contact our Houston criminal defense team today for a free, confidential case review.
Disclaimer: The information on this website is for general informational purposes only and does not constitute legal advice. The information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Criminal defense results depend on the specific facts of each case. Past results do not guarantee future outcomes. Do not send confidential or sensitive information until an attorney-client relationship has been established. This is attorney advertising.
