Felony Defense Lawyer El Paso TX — Grand Jury & Trial Defense

What Is Felony Defense?

Felony charges in Texas are the most serious criminal offenses, carrying potential sentences ranging from 180 days in a state jail facility all the way to life imprisonment or the death penalty. Texas classifies felonies into five categories: state jail felonies (180 days to 2 years in state jail, fines up to $10,000); third-degree felonies (2 to 10 years in state prison); second-degree felonies (2 to 20 years); first-degree felonies (5 to 99 years or life); and capital felonies (life without parole or death). Common felony charges in El Paso include aggravated assault with a deadly weapon, drug possession or distribution (particularly near the US-Mexico border), robbery and aggravated robbery, burglary of a habitation, sexual assault, repeat DWI offenses (third or subsequent), and theft of property valued over $2,500. Felony cases are handled in El Paso's district courts — not the county courts at law — and the process is significantly more complex than misdemeanor cases. A felony conviction in Texas results in the permanent loss of voting rights during incarceration and parole, the loss of the right to possess firearms, and significant barriers to employment, housing, and professional licensing throughout El Paso and the rest of Texas.

Penalties in Texas — What You Are Facing

The penalties for a felony conviction in Texas are severe and far-reaching. At the criminal level, a state jail felony carries 180 days to 2 years in a Texas state jail facility and fines up to $10,000. A third-degree felony carries 2 to 10 years in the Texas Department of Criminal Justice (TDCJ) and fines up to $10,000. A second-degree felony carries 2 to 20 years in TDCJ. A first-degree felony carries 5 to 99 years or life in TDCJ. Beyond the prison sentence, a felony conviction in Texas results in the permanent loss of the right to vote during incarceration and parole; the permanent loss of the right to possess firearms under both Texas and federal law; ineligibility for many professional licenses in Texas, including nursing, teaching, law, and real estate; significant barriers to employment near Fort Bliss, UTEP, and throughout El Paso; ineligibility for federal student financial aid for drug-related felonies; and severe immigration consequences for non-citizens, including mandatory deportation for many felony convictions. For El Paso residents who work in the military, government, or licensed professions, a felony conviction is often career-ending. The collateral consequences are as devastating as the prison sentence itself, which is why fighting every felony charge with maximum aggression is essential.

The Legal Process in El Paso, Texas

Felony cases in El Paso follow a complex procedural path through the district courts. After arrest, you will be arraigned in one of El Paso's district courts, where bail will be set. For most felonies, the prosecution must present the case to a grand jury — a panel of 12 citizens who review the evidence to determine whether there is probable cause to formally indict you. If the grand jury issues a 'no bill,' the case is dismissed. Your attorney can present evidence to the grand jury to argue against indictment. If indicted, the case proceeds to pre-trial hearings, where critical motions are filed — motions to suppress illegally obtained evidence, motions to dismiss for constitutional violations, and motions challenging the sufficiency of the indictment. The discovery process in felony cases is extensive, and reviewing the evidence thoroughly is essential to building an effective defense. Many felony cases are resolved through plea negotiations, particularly when the prosecution's evidence has weaknesses. However, Attorney Aaronson is fully prepared to take your case to trial in front of an El Paso jury if that is the best path to a favorable outcome.

Defense Strategies That Work in El Paso Courts

Effective felony defense in El Paso requires a comprehensive, aggressive, and highly personalized strategy. Attorney Aaronson begins every case with a thorough review of the evidence — police reports, witness statements, forensic evidence, surveillance footage, and any other materials the prosecution intends to use. He then identifies every potential weakness in the prosecution's case and every constitutional violation that may have occurred. Common defense strategies include: challenging the legality of the arrest, search, or seizure under the Fourth Amendment; filing motions to suppress illegally obtained evidence; challenging the credibility and reliability of eyewitness identifications; presenting alibi evidence and witness testimony; working with forensic experts to challenge DNA, fingerprint, or other scientific evidence; challenging the chain of custody of physical evidence; and negotiating with prosecutors for reduced charges or alternative sentencing when appropriate. In drug cases near the US-Mexico border, Attorney Aaronson challenges the legality of traffic stops and searches, the accuracy of drug testing, and the sufficiency of evidence of possession with intent to distribute. Every case is different, and Attorney Aaronson develops a strategy tailored to the specific facts of your situation.

Frequently Asked Questions About Felony Defense in El Paso