Dallas Felony Defense Lawyer

What are the felony levels in Texas?

Texas has five levels of felony. The level is set by the statute for the offense, and prior convictions can raise it (Penal Code 12.42).

A state jail felony can be punished as a third-degree felony in certain cases, such as when a deadly weapon was used (Penal Code 12.35(c)).

Read more about each level: state jail felony, third-degree felony, second-degree felony, first-degree felony.

What happens after a felony arrest in Dallas County?

After a felony arrest in Dallas County, the person is usually booked into the Lew Sterrett Justice Center. A magistrate tells the person the charge, explains the right to counsel, and sets bail and conditions. Under Code of Criminal Procedure 17.15, bail must be enough to secure appearance but not oppressive, and the magistrate considers the nature of the offense, the person's ability to make bail, community and victim safety, and criminal history.

Texas changed its bail law in 2025. Since September 1, 2025, SB 9 requires that a person charged with a felony appear before a magistrate, who must consider the public safety report, before being released on bail, and it adds offenses to the list for which a personal bond is not allowed. For listed violent and sexual felonies committed on or after November 19, 2025, the Texas Constitution now requires denial of bail when the State proves certain risks at a hearing (SJR 5 (Proposition 3)). See Texas bail changes in 2025.

How does the grand jury and indictment process work?

A felony case cannot go to trial without an indictment unless the accused waives it. In Dallas County, the District Attorney's Office presents felony cases to a grand jury, which decides whether there is probable cause. If it finds probable cause, it returns a "true bill" (indictment). If not, it returns a "no-bill," and the case ends unless it is presented again.

The defense can sometimes submit information to the grand jury, such as a letter or a packet of evidence. Whether that is wise depends on the case. Once indicted, the case is assigned to a Criminal District Court for arraignment and later settings.

The State does not have unlimited time. Under Code of Criminal Procedure 32.01, a case is subject to dismissal if a person held in custody or on bail is not indicted by the later of the last day of the next term of court or the 180th day after arrest or release on bail. Code of Criminal Procedure 17.151 generally requires release on a personal bond or reduced bail if the State is not ready for trial within 90 days of detention on a felony, with exceptions for certain offenses.

Can a felony be reduced, dismissed or diverted?

Yes, depending on the facts and the person's history. Options include:

• Dismissal or no-bill when the evidence is insufficient or was obtained illegally.
• Reduction to a lesser offense through negotiation.
• State jail felony as a misdemeanor: Penal Code 12.44(a) lets a court punish a state jail felony as a Class A misdemeanor, and 12.44(b) lets the court authorize the prosecutor to prosecute it as a Class A misdemeanor.
• Pretrial diversion: the Dallas County District Attorney's Office operates pretrial diversion and specialty court programs. Eligibility is set by the DA's office.

Can I get probation or deferred adjudication on a felony?

Often yes. Texas calls probation "community supervision." A judge can place a person on community supervision for most felonies, but not for offenses listed in Code of Criminal Procedure 42A.054 (often called "3g" offenses), such as murder, aggravated robbery or cases with a deadly weapon finding. A jury can recommend community supervision in some of those cases.

Deferred adjudication (Code of Criminal Procedure 42A.101) means the judge defers a finding of guilt. If you complete the terms, the case is dismissed without a conviction. Deferred is not available for some offenses, including certain DWI cases, and a violation can lead to a sentence anywhere in the full range.

For some first-time state jail drug possession cases, Code of Criminal Procedure 42A.551 generally requires the judge to suspend the sentence and place the person on community supervision, with exceptions.

What felony charges do we defend?

• Felony DWI, intoxication assault and DWI with a child passenger
• Assault by impeding breath and other felony family violence charges
• Drug possession and possession with intent, including THC and delta-8 felonies
• Weapons charges, including unlawful possession of a firearm by a felon
• Felony theft
• Repeated violation of a protective order

What are the collateral consequences of a felony conviction?

• Firearms: a felony conviction bars firearm possession under Texas law until 5 years after release from confinement or supervision, and after that only at home (Penal Code 46.04(a)). Federal law also prohibits possession.
• Voting: a person convicted of a felony cannot vote in Texas until the sentence, including any parole or supervision, is fully discharged (Election Code 11.002).
• Jobs, housing and licenses: a felony record can affect employment, professional licenses and rental applications.
• Enhancement: a felony conviction can raise the punishment range for a future offense (Penal Code 12.42).

Can a felony be expunged or sealed?

A felony arrest that ends in acquittal, or in some cases a dismissal or no-bill, may be eligible for expunction. A felony that ends with successfully completed deferred adjudication may qualify for an order of nondisclosure for some offenses after a waiting period, generally 5 years from discharge for felonies (Government Code 411.0725), but many offenses are excluded. A felony conviction generally cannot be sealed. See expunction and nondisclosure.

What does our firm do on a felony case?

1. Address bond and bond conditions as early as possible.
2. Evaluate whether to present information to the grand jury.
3. Request and review the State's evidence under Code of Criminal Procedure 39.14.
4. Investigate searches, statements and identification, and file motions where the law supports them.
5. Explain realistic outcomes, including dismissal, reduction, diversion, deferred, probation or trial.

Felony cases in the other counties we serve are heard in their district courts, from the Tim Curry Criminal Justice Center in Fort Worth to the Russell A. Steindam Courts Building in McKinney.

What is the timeline of a Dallas County felony case?

What should I expect at each court stage?

Before indictment. This is often the most important window. The defense can gather evidence, address bond, and decide whether to submit information to the grand jury. For eligible first-time felony cases, the Dallas County DA's general felony pretrial diversion program requires a referral before indictment or within 120 days after indictment unless a waiver is granted.

After indictment. Settings in district court are used to exchange discovery, discuss plea offers and schedule hearings. Many settings are short. Your lawyer will tell you which ones you must attend.

Hearings. Motions to suppress evidence, challenges to identification procedures and other pretrial issues are heard before trial and can change the strength of the State's case.

Trial. A felony jury has 12 members and must reach a unanimous verdict. If the verdict is guilty, a separate punishment phase follows, where both sides can present evidence about the person and the offense.

Which defenses are commonly raised in felony cases?

• Illegal search or seizure: evidence obtained without a valid warrant, consent or exception can be suppressed.
• Statements: custodial statements must meet Miranda and Texas requirements (Code of Criminal Procedure 38.22) to be used.
• Identification: lineups and photo arrays can be unreliable or suggestive.
• Self-defense and defense of others (Penal Code 9.31, 9.32, 9.33).
• Intent and knowledge: many felonies require proof of a specific mental state.
• Lab and forensic issues: drug identification, weight, DNA and digital evidence can be tested and challenged.
• Insufficient evidence on any element.

Is felony pretrial diversion available in Dallas County?

The Dallas County District Attorney's general felony pretrial diversion program is aimed at adult first-time felony offenders. Its published eligibility checklist requires no previous felony conviction, probation, deferred adjudication or prior diversion, and it lists as ineligible charges involving assault, violence or threat of violence, offenses involving death or a major accident, sexual, arson and felony intoxication charges, and first-degree manufacture or delivery charges (second-degree delivery charges are considered case by case). Referrals must be made before indictment or within 120 days of indictment unless a waiver is granted. Dallas County also operates specialty courts, including the DIVERT substance-use court; successful DIVERT participants may have the charge dismissed and may then seek expunction.

Checklist: what to bring to your consultation

• The charge, booking number and bond paperwork
• Any search warrant, property receipt or vehicle impound papers
• Names of witnesses and anyone with relevant information
• Your criminal history, including any out-of-state cases
• Employment, school and family information that matters to bond and sentencing
• Medical or mental health information that may matter to the case or to specialty courts

What should I not do while a felony case is pending?

• Do not talk to police or investigators without a lawyer.
• Do not discuss the case on recorded jail calls, texts or social media.
• Do not contact witnesses or alleged victims about the case.
• Do not violate bond conditions; a new arrest while on felony bond can lead to bond revocation.

Can a state jail felony be punished as a misdemeanor?

Yes, in some cases. Under Penal Code 12.44(a), a court may punish a state jail felony with the punishment for a Class A misdemeanor if the ends of justice would be served. Under 12.44(b), the court may authorize the prosecutor to charge a state jail felony as a Class A misdemeanor. A misdemeanor result can make a big difference for jobs, housing and firearms rights.

When is judge-ordered probation not available?

Texas law limits judge-ordered community supervision for certain serious offenses listed in Code of Criminal Procedure 42A.054, such as murder, aggravated robbery, aggravated sexual assault and offenses with an affirmative finding that a deadly weapon was used or exhibited. For those offenses, probation may still be possible from a jury in some situations, or deferred adjudication may be considered depending on the offense. This is one of the first questions to answer in any serious felony case.

How does parole eligibility work?

For most offenses, an inmate becomes eligible for parole when actual time served plus good conduct time equals one-fourth of the sentence or 15 years, whichever is less (Government Code 508.145(f)). For offenses listed in 42A.054 and offenses with a deadly weapon finding, eligibility requires actual calendar time of one-half of the sentence or 30 years, whichever is less, with a minimum of two years (508.145(d)). Eligibility is not the same as release; the parole board decides.

Can a felony record be cleared?

An arrest that ends in dismissal, a no-bill or an acquittal may be eligible for expunction under Code of Criminal Procedure chapter 55A, subject to waiting periods. A felony deferred adjudication that is completed may be eligible for an order of nondisclosure after a five-year waiting period for many offenses, but many offenses are excluded (Government Code 411.0725 and 411.074). A felony conviction generally cannot be sealed in Texas.

Key terms

Indictment

The formal charging document returned by a grand jury in a felony case.

No-bill

A grand jury decision not to indict.

Deferred adjudication

Supervision without a finding of guilt; if completed, the case is dismissed, but it may still appear on the record.

Enhancement

A prior conviction or other fact that raises the punishment range.

3g offense

Informal name for the serious offenses now listed in Code of Criminal Procedure 42A.054.

Felony charges by county

Courts, prosecutors and local programs differ by county. See our local pages:

• Dallas County
• Tarrant County
• Collin County
• Denton County

How do I get started?

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.

Last updated October 2026