If you’re facing violent crime charges in Austin or Travis County, the stakes are measured in years and decades. Former federal and state prosecutor Jorge Vela now defends clients charged with assault, aggravated assault, robbery, kidnapping, and homicide across Central Texas. Call (512) 537-1237 for a free, confidential consultation, available 24/7. Se habla español.
What Counts as a Violent Crime Under Texas Law?
Unlike property crimes, a violent crime involves physical harm, the threat of physical harm, or the use of a weapon against another person. Texas prosecutes violent offenses under several chapters of the Penal Code. The most common charges include:
- Assault causing bodily injury (§22.01)
- Aggravated assault (§22.02), including assault with a deadly weapon
- Assault by strangulation (§22.01(b)(2)(B))
- Deadly conduct (§22.05)
- Terroristic threat (§22.07)
- Domestic violence assault (§22.01 with a family violence finding)
- Unlawful restraint (§20.02)
- Kidnapping (§20.03) and aggravated kidnapping (§20.04)
- Robbery (§29.02) and aggravated robbery (§29.03)
- Murder (§19.02) and capital murder (§19.03)
- Manslaughter (§19.04) and intoxication manslaughter (§49.08)
- Sexual assault and aggravated sexual assault (§22.011, §22.021)
What Is the Difference Between Assault and Aggravated Assault in Texas?
Assault under Texas Penal Code §22.01 involves causing bodily injury, which Texas defines as physical pain, illness, or any physical impairment. A first-offense assault causing bodily injury is typically a Class A misdemeanor.
Aggravated assault under §22.02 requires either serious bodily injury or the use or exhibition of a deadly weapon. Serious bodily injury means an injury that creates a substantial risk of death, permanent disfigurement, or protracted impairment of a body part or organ. The charge jumps to a second-degree felony.
Is a Threat Alone a Violent Crime in Texas?
A threat can be prosecuted as a terroristic threat under Texas Penal Code §22.07 if it places another person in fear of imminent serious bodily injury. The charge ranges from a Class B misdemeanor for threats against strangers to a third-degree felony for threats against public buildings or places of worship.
Why Trust the Law Office of Jorge Vela for Your Violent Crime Defense in Austin
Defending a violent crime case requires an attorney who has worked with physical evidence, forensic analysis, and witness testimony from the inside. Whether you need a murder defense attorney, an aggravated assault lawyer, or representation on a robbery charge, Jorge Vela spent seven years as a prosecutor before he ever represented the accused.
As an Assistant District Attorney in the 49th District Court in Laredo and in Travis County, Jorge personally prosecuted murder, aggravated robbery, aggravated kidnapping, and solicitation of capital murder. His work took him into crime laboratories, medical examiners’ offices, and crime scenes alongside ballistics experts and crime scene specialists.
As an Assistant United States Attorney in the Southern District of Texas, he investigated cartel-linked trafficking organizations and secured a life sentence at trial.
The firm is deliberately small. Clients work directly with Jorge or partner attorney Miguel Aguilera, not a case manager or junior associate.
How Does a Former Prosecutor Defend a Violent Crime Case Differently?
A former prosecutor knows the State’s playbook because he wrote it. Jorge anticipates how evidence will be presented, identifies weak links in the State’s proof before the prosecutor does, and knows when a case qualifies for reduction or dismissal versus trial.
Penalties for Violent Crime Convictions in Texas
The punishment for a violent crime in Texas depends on the offense classification:
Offense Level | Prison Range | Maximum Fine | Example Violent Offense |
Capital Felony | Life without parole or death | N/A | Capital murder (§19.03) |
First-Degree Felony | 5–99 years or life | $10,000 | Aggravated robbery (§29.03) |
Second-Degree Felony | 2–20 years | $10,000 | Aggravated assault (§22.02) |
Third-Degree Felony | 2–10 years | $10,000 | Deadly conduct with a firearm (§22.05) |
State Jail Felony | 180 days–2 years | $10,000 | Unlawful restraint of a child (§20.02) |
Class A Misdemeanor | Up to 1 year | $4,000 | Assault causing bodily injury (§22.01) |
Class B Misdemeanor | Up to 180 days | $2,000 | Terroristic threat (§22.07) |
A violent crime conviction carries collateral consequences beyond the sentence: loss of firearm rights, professional license denials, and failed employment and housing background checks. Certain violent convictions cannot be sealed or expunged under Texas law.
How Much Prison Time Can a First Degree Felony Carry in Texas?
Murder, aggravated robbery, aggravated kidnapping, and aggravated assault with a deadly weapon causing serious bodily injury are all first-degree felonies, the second-most-severe classification in Texas. An enhanced first-degree felony, such as a repeat violent offender charge, raises the minimum sentence to 15 years.
Can a Violent Crime Conviction Be Expunged in Texas?
Most violent crime convictions cannot be expunged. If dismissed or acquitted, you may be eligible for expunction. Deferred adjudication on certain offenses may qualify for an order of nondisclosure, but 3G offenses, aggravated sexual assault, and cases with a family violence finding are specifically excluded.
If you’re facing a violent felony charge, call a violent crimes attorney at (512) 537-1237 now. The consultation is free and confidential.
What Is a 3G Offense, and Why It Changes Everything About Your Case
Texas Code of Criminal Procedure Article 42A.054, still universally called “3G,” carves out a list of the most serious violent offenses and strips away two standard sentencing options. The listed offenses include murder, capital murder, aggravated kidnapping, aggravated sexual assault, aggravated robbery, and several others.
Can You Get Probation for a Violent Felony in Texas?
If the offense is listed under Article 42A.054, a judge cannot grant community supervision. Only a jury, after trial, can recommend probation for a 3G offense, and only if the sentence is 10 years or less and the defendant has no prior felony convictions.
A guilty plea on a 3G charge results in prison time, which means the decision to go to trial is driven by the statute, not just the facts.
What Is a Deadly Weapon Finding and How Does It Affect Parole?
A deadly weapon finding is an affirmative finding by the court that a weapon was used or exhibited during the offense. Under Texas law, anything that can cause death or serious bodily injury in the manner it’s used qualifies, including a car, a bat, or a boot.
The finding converts any felony into a 3G offense, triggering the half-time parole requirement. A defendant can receive the finding as a party to the offense without personally holding the weapon. Challenging the deadly weapon allegation before it attaches can change the entire trajectory of the case.
How a Violent Crime Case Moves Through Travis County Courts
A Travis County violent crime case follows this sequence from arrest through the Travis County District Attorney’s Office to the district courts:
- Arrest by the Austin Police Department or Travis County Sheriff’s Office. You are booked into the Travis County Correctional Complex in Del Valle.
- Magistration and bond setting. A magistrate judge sets bail under Texas Code of Criminal Procedure Article 17.15. A Travis County jail release attorney can file for a bond reduction if the amount is unaffordable.
- Case filing by the Travis County District Attorney’s Office (felonies) or the Travis County Attorney’s Office (misdemeanors).
- Grand jury and indictment. Every felony must be indicted by a grand jury, which returns either a true bill or a no bill.
- Arraignment and pretrial settings in the felony district courts at the Blackwell-Thurman Criminal Justice Center, 509 W. 11th Street.
- Motions, including motions to suppress evidence obtained through unlawful searches or statements taken without proper warnings.
- Plea negotiation or jury trial.
Class C misdemeanor assault by contact is handled in Justice of the Peace courts, not the district courts.
How Long Does a Violent Crime Case Take in Travis County?
Most felony violent crime cases at the Blackwell-Thurman Criminal Justice Center take 6 to 18 months from arrest to resolution. Complex cases involving forensic evidence, multiple defendants, or capital charges can take longer.
Can You Get Bond on a Violent Felony Charge in Austin?
Most defendants charged with violent felonies are eligible for bond, but the amount and conditions depend on the charge, criminal history, and flight risk. 3G and aggravated charges carry higher bond amounts and stricter conditions. If the initial bond is beyond what you or your family can post, your attorney can file a motion for bond reduction.
Defense Strategies We Use in Austin Violent Crime Cases
Jorge Vela targets the State’s evidence at every point where it can break down, whether working as an assault lawyer, a robbery defense lawyer, or defending a homicide charge. The strategies we use most often include:
- Self-defense and defense of a third person under Texas Penal Code Chapter 9
- Mistaken identity and challenging eyewitness identification reliability
- Challenging the deadly weapon allegation to prevent a 3G finding
- Suppressing statements taken without proper Miranda warnings
- Suppressing evidence from an unlawful stop, search, or warrant
- Attacking the injury classification, because the gap between bodily injury and serious bodily injury is often the gap between a misdemeanor and a second-degree felony
- Independent forensic review of medical records, ballistics, DNA, and body-worn camera footage
- Witness credibility and motive to fabricate
Jorge knows what the State’s file looks like because he spent seven years building those files. That’s the difference between a violent crime defense lawyer who reacts and one who controls the case.
Is Self-Defense a Valid Defense to Assault Charges in Texas?
Self-defense under Texas Penal Code Chapter 9 is a complete defense if you reasonably believed force was immediately necessary to protect yourself against another person’s unlawful use of force. Texas is a Stand Your Ground state, meaning you have no duty to retreat. Deadly force is justified when necessary to prevent murder, aggravated kidnapping, sexual assault, or robbery.
What a Violent Crime Charge Means If You Are Not a U.S. Citizen
A violent crime conviction can carry immigration consequences that outlast the criminal sentence. Under federal immigration law, a violent offense can be classified as an aggravated felony or a crime involving moral turpitude, either of which can trigger removal proceedings, denial of a green card or visa, and a permanent bar to naturalization.
If you are not a U.S. citizen, disclose your immigration status to your attorney at your first meeting. The Law Office of Jorge Vela handles both criminal immigration defense and violent crime cases under one roof, so your criminal defense and immigration exposure are evaluated together from the start.
Will a Violent Crime Conviction Affect My Immigration Status?
Any violent crime conviction can trigger immigration consequences, but the specific impact depends on the offense, the sentence, and your current status. A lawful permanent resident convicted of an aggravated felony faces mandatory removal with almost no relief available. Even a misdemeanor assault with a family violence finding can create inadmissibility problems for visa renewals and green card applications.
Violent Crime Defense in Spanish Across Austin and Central Texas
At the Law Office of Jorge Vela, your entire case can be handled in Spanish from the first phone call through the court date. If you need a violent crime lawyer who speaks your language, Jorge has deep roots in the Central Texas Latino community, and the firm is bilingual by design.
Si usted o un ser querido enfrenta cargos por un delito violento en Austin, puede llamarnos en cualquier momento para una consulta gratuita y confidencial en español. No hable con la policía antes de hablar con un abogado.
Consulte nuestros servicios en español aquí.
We serve Spanish- and English-speaking clients across Austin, Travis County, Williamson County, Hays County, Bastrop County, Caldwell County, Burnet County, and surrounding communities.
Frequently Asked Questions About Violent Crime Charges in Austin
How much does a violent crime defense attorney in Austin cost?
Fees depend on the charge level, the complexity of the evidence, and whether the case goes to trial. The Law Office of Jorge Vela offers a free initial consultation to evaluate your case.
Can violent crime charges be dropped or reduced in Texas?
Charges can be dismissed, reduced, or resolved through plea negotiation depending on the strength of the evidence and the defense strategy. Common reductions include aggravated assault reduced to simple assault, or a felony reduced to a misdemeanor where the injury classification is contested.
Should I talk to police if I am accused of a violent crime?
Do not make any statements to police or investigators beyond identifying yourself. Do not discuss the case on recorded jail calls or on social media. Call an attorney before speaking to anyone about what happened.
Talk to Austin Violent Crime Defense Attorney Jorge Vela Today
A violent crime charge moves fast. Bond conditions are already in place, investigators are building the State’s file, and anything you say can be used against you. Stop talking to police and call a defense attorney.
Austin criminal defense attorney Jorge Vela’s office is at 818A W 10th St, Austin, TX 78701, four blocks from the Blackwell-Thurman Criminal Justice Center where your case will be heard. He has the prosecutorial background to take your case apart from the inside.
Call (512) 537-1237. We’re available 24/7. The consultation is free and confidential. Se habla español. Schedule a consultation now.
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