Best Austin Criminal Lawyers

Best Austin Criminal Lawyers and Criminal Attorney

If you need an Austin criminal defense lawyer, it can be a very intimidating and stressful experience. Having the right lawyer can make all the difference in the outcome of your criminal defense case. The Spodek Law Group is here to provide an overview of criminal defense in Austin, Texas, reasons to hire a criminal attorney, potential legal guards in criminal cases, key parts of the Texas penal code, possible penalties, and more.

Why You Need an Austin Criminal Defense Lawyer

If you have been arrested or charged with a crime in Texas, it is super important that you speak with an experienced criminal defense attorney as soon as possible. Here are some key reasons why hiring an Austin criminal lawyer is so important:

• Protect Your Legal Rights: From the moment you are taken into police custody, your constitutional rights are at stake. Your attorney can ensure your rights are protected during your arrest, any interrogations, legal searches, and other investigative procedures.
• Avoid Mistakes: Even if you think you are innocent, it is easy to slip up, and say something to the police that can damage your criminal defense case. Your lawyer can advise you on how to behave with law enforcement individuals and agencies.
• Challenge Evidence: Your lawyer has the skills to examine the prosecution’s evidence, raise objections if your rights were violated, and keep biased or unsupported evidence out of court.
• Negotiate with Prosecutors: Many criminal cases end in a plea bargain rather than a trial. Your lawyer will know how to negotiate with the prosecution to get charges reduced or dropped completely.
• Develop an Effective Strategy: There are a wide array of defense strategies your lawyer can use, depending on the specifics of your case. This can include arguing you were misidentified or raising a defense.
• Get Charges Dismissed: In some cases, a criminal defense lawyer can file motions to get charges dismissed due to lack of evidence, technicalities, or constitutional violations by police. This makes it so you don’t need to go to trial.
• Represent You in Court: If your case goes to trial, your attorney understands court procedures and rules of evidence to give you the strongest defense possible.

Without solid legal advice and representation, you risk facing the maximum penalties. Hiring an attorney levels the playing field and gives you the best chance of the best resolution.

Potential Criminal Defenses in Texas

Some of the most common defenses that skilled Austin criminal lawyers may use on your behalf under Texas law include:

Defenses

Defenses require the defense to present evidence that justifies or excuses the criminal act. Examples include:

• Self-Defense: Use of force was justified to protect yourself, or others from harm. Deadly force could be used if you reasonably believed it immediately necessary to protect yourself from death or serious injury.
• Insanity Defense: Due to severe mental disease, or defect, the defendant didn’t know the criminal act was wrong. This is a difficult burden to prove.
• Duress: You were forced to commit the crime under threat of imminent death, or serious bodily injury, with no way to escape. For example, being forced at gunpoint.
• Necessity Defense: The act was necessary to prevent more significant harm. For example, trespassing on private property to take an injured person to hospital.
• Consent: In certain crimes like battery, theft, or sexual assault, the victim consented to the act, making it not criminal.

Procedural Defenses

Procedural defenses usually focus on violations of your rights or issues with the evidence:

• Illegal Search & Seizure: Evidence was obtained by agents without probable cause or a warrant in violation of the 4th Amendment.
• Miranda Rights Violation: Police did not inform you of your 5th Amendment right to remain silent before questioning you while in custody.
• Statute of Limitations Expired: The window of time that the state has to charge you with a crime has passed.
• Misidentification: Mistaken identity due to flawed police line-ups, eyewitness confusion, or lack of evidence you committed the crime.
• Entrapment: Law enforcement induced you into committing a crime you otherwise would not have.
• Exculpatory Evidence: Favorable evidence for the defendant was withheld by the prosecution.

Key Parts of Texas Criminal Law That Could Influence Your Case

To mount an effective defense in your criminal case, your Austin criminal attorney will need extensive knowledge of Texas state laws and penal codes. Here are some of the most important topics that often come up in criminal defense cases:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Classification of Offenses

Crimes are classified based on severity, from capital felonies down to misdemeanors:

• Capital Felonies: Death penalty offense or life without parole. Murder of on-duty public safety officer is one example.
• First Degree Felonies: 5 to 99 years in prison. Examples are murder, aggravated kidnapping, aggravated sexual assault. 10 year minimum if convicted.
• Second Degree Felonies: 2 to 20 years in prison. Examples include manslaughter, arson, robbery.
• Third Degree Felonies: 2 to 10 years in prison. Examples are DWI with serious bodily injury, evading arrest.
• State Jail Felonies: 180 days to 2 years in state jail. Examples include fraud and drug possession.
• Class A Misdemeanors: Up to 1 year in county jail. Assault, DWI, and theft $750-$2500.
• Class B Misdemeanors: Up to 180 days in county jail. Trespass, disorderly conduct.
• Class C Misdemeanors: Fines up to $500. Traffic tickets, public intoxication.

Intoxication Defenses

Alcohol and drugs often play a role in criminal cases. Texas law states that voluntary intoxication is not a defense in a criminal case. However, involuntary intoxication can serve as a defense if:

• You were unaware what they were taking was intoxicating
• Intoxication was induced by force, duress, or deception

It can also be argued the defendant did not have the requisite mental state to commit the crime. Evidence of intoxication can lead to getting certain charges reduced.

Weapons Charges

Texas has some specific statutes regarding illegal firearms possession that your attorney has need to review:

• Texas Penal Code 46.02: Unlawful Carrying of Weapon – Class A misdemeanor if previously convicted. Defense of traveling or not concealed.
• Texas Penal Code 46.05: Prohibited Weapons – Possession of machine gun, armor-piercing ammo, zip gun, or tire deflation device. Third degree felony.
• Texas Penal Code 46.04: Unlawful Possession of Firearm – Third degree felony for felon to possess firearm within 5 years of release from custody or supervision. Affirmative defense of a desperate need for protection.

Sentencing Enhancements

The Prosecutor, and judge, will look at your criminal history to determine which sentencing enhancements apply. Standard enhancements in Texas:

• Repeat Offender/Habitual Offender: Harsher penalties for repeat convictions of same crime. Third conviction moves up degree.
• Deadly Weapon: Stricter penalties if defendant used or exhibited deadly weapon during crime. Even if weapon legally possessed.
• Hate Crime: Crime substantially motivated by bias – ex. victim’s race, religion, sexual orientation. Penalty bumped up one category.
• Drug-Free Zones: Harsher sentences for drug crimes committed near schools, parks, playgrounds, and other areas.

Potential Criminal Penalties

The criminal penalties you face depend on the specific charges filed against you. Here is an overview of common penalties under Texas state law:

Probation

For lesser misdemeanors and non-violent felonies, the court can order probation instead of incarceration. Standard probation is 2-10 years. Conditions include Good behavior, fees, restitution, treatment, community service, drug testing. Early termination of probation is possible for good compliance. Violating probation risks being re-sentenced.

Financial Fines

Financial fines up to the statutory maximum can be imposed in addition to jail time upon criminal conviction. Additional fees can include court costs, restitution to victims if it applies, and other administrative costs. Failure to pay risks further penalties.

Jail or Prison Time

The severity of the crime, and your prior record, determines whether jail or state prison is imposed. Time ranges are set by statute for each offense class. Mandatory minimums apply to some charges. Parole is possible prior to the end of sentence in most cases.

Capital Punishment

Texas executes far more criminal than any other state – over 560 since 1976. Death penalty cases will receive automatic appeals. People under 18 or intellectually disabled are ineligible for execution.

Collateral Consequences

Beyond direct sentencing, a conviction can impact your life long-term due to:

• Criminal record visible to employers, landlords, schools
• Loss of voting rights, disqualification from jury duty
• Potential immigration consequences if not a citizen
• Loss of the right to possess firearms
• Many occupational license restrictions
• Requirement to register as sex offender for certain crimes