Austin Criminal Defense Attorney

When you’re facing criminal charges in Austin, the person defending you should know exactly how the State will try to convict you. Marc Chavez spent 12 years as an Assistant District Attorney in Travis and Lubbock Counties, trying everything from Class C tickets to capital murder, including the SXSW capital murder trial. Since foundingMarc Chavez Law Firm in 2018, he has used that insight to defend people charged with DWI, assault, drug, sex, weapons, and federal offenses across Central Texas. As your Austin criminal defense attorney, Marc handles your case personally, from the first phone call through dismissal, plea negotiations, or trial. Call 512-337-9774 to talk through your case.

Why Choose Marc Chavez Law Firm for Your Criminal Defense

Many criminal defense lawyers in Austin vow to advocate for you, but our prosecutorial experience is unparalleled. Being on the other side of the courtroom has equipped our team with a unique understanding of how the prosecution thinks and operates. As a former prosecutor, Marc Chavez has intricate knowledge of criminal law and prosecution tactics, which are hugely beneficial in formulating robust Austin criminal defense strategies. Trust Marc Chavez Law Firm as your Austin criminal defense team to provide a great strategy and get the justice you deserve. At Marc Chavez Law Firm, you aren’t merely another case number. Each of our clients is a unique individual deserving of personalized attention and understanding. Our firm is committed to understanding your situation and providing empathetic legal support, which enhances the defense and your overall experience. This client-focused approach ensures that you’re not lost in the legal jargon and processes; instead, you’re an integral part of your own defense team. We are also renowned for our legal excellence. Our chief attorney, Marc Chavez, was a Super  Lawyers Rising Stars, and has been a Super Lawyer for the past four years,  endorsing the high level of skill and care he brings to each case. This recognition is not merely a testament to his legal prowess but also a demonstration of his dedication to his clients. Our firm’s impressive track record is self-evident. With a history of securing dismissals, favorable plea agreements, and acquittals, the Marc Chavez Law Firm consistently achieves fantastic results for those whom we defend. This dedication to clients exemplifies our commitment to not just providing legal defense, but to safeguarding your future.

Former Prosecutor Advantage

Our firm’s prosecutorial background gives us a powerful advantage in the courtroom. With an extensive background and deep legal knowledge, we bring a high level of skill and personal attention to criminal defense cases. Having experience as district attorneys, we have a thorough understanding of the tactics employed by Texas prosecutors, from misdemeanor DWI cases to serious felonies. Our prosecutorial experience encompasses pre-trial hearings, jury selection, and crafting convincing closing arguments. This is particularly beneficial in assault and violent crime cases, where understanding the prosecution’s strategies can mean the difference between a conviction and an acquittal. This prosecutorial insight facilitates a proactive defense against a spectrum of drug and DWI/DUI charges, enabling the anticipation of the state’s strategies beforehand.

Client-Focused Approach

We distinguish ourselves with a personal touch in an industry where cases often get delegated to paralegals or less seasoned lawyers. We ensure personal attention by handling all cases directly at our law office, providing clients with direct communication for a deeper understanding of their legal options. This approach in turn makes our firm far more accessible. At our office, clients are able to easily communicate with our Austin criminal defense lawyers for consultations and inquiries, with a commitment to answering and returning calls promptly. We also adapt to current safety protocols, ensuring that you can access the legal help you need, safely and conveniently. Our personalized, innovative approach to criminal defense adapts to our clients’ various needs and employs the necessary resources to contribute to client satisfaction and positive outcomes.

Criminal Charges Our Austin Defense Attorneys Handle

We defend misdemeanor and felony charges in Travis County, Williamson County, and federal court in Austin. Having prosecuted these same offenses, Marc knows which evidence the State relies on and where its cases tend to break down. The most common charges we defend include:

• DWI and intoxication offenses
• Drug possession, manufacture, and delivery
• Assault, aggravated assault, and family violence
• Theft and fraud
• Weapons and firearm charges
• Sexual assault and other sex offenses
• Homicide and violent felonies
• Federal drug, fraud, and firearm cases
• Juvenile offenses

Texas prosecutors are aggressive when it comes to felony charges. Having district attorney experience, our team knows what angles the state will take to pursue a conviction. If you have been charged with a felony, we can help you better understand your legal options before deciding how to best move forward. [Read: Defending Against a Burglary Charge in Texas]

DWI/DUI Defense

Most DWI arrests in Texas are charged as misdemeanors, but even a first offense can bring jail time, fines, a license suspension, and a permanent record. A first DWI is generally a Class B misdemeanor, raised to a Class A if a test shows a blood alcohol concentration of 0.15 or higher. A third DWI, a DWI with a child passenger under 15, and intoxication assault or manslaughter are felonies.

As a prosecutor, Marc handled DWI cases from the State’s side, so he knows how they are built: the reason for the stop, field sobriety tests, breath and blood results, and the officer’s video and report. We examine each one for weaknesses, from an unlawful stop to a mishandled blood draw. You also have only 15 days after a DWI arrest to request a hearing that protects your driver’s license, so call us as soon as possible.
[Read: There are Ways to Beat a DWI Conviction if You’ve Been Charged]

Drug Offenses

Texas typically imposes severe penalties for drug offenses, underscoring the importance of having a seasoned Austin criminal defense lawyer representing you. We at Marc Chavez Law Firm handle drug offenses that include possession, distribution, or manufacturing of controlled substances, tackling legal challenges across a range of drug-related charges. In Travis County, the penalties for drug possession are determined by the type and quantity of the specific controlled substance involved. It takes a skilled Austin criminal defense attorney team to understand these nuances and protect your rights. We employ strategic defense tactics to protect our clients’ rights in drug offense cases, challenging the evidence and pursuing favorable results. [Read: A Potential Consequence of a Felony Drug Conviction]

Assault and Violent Crimes

Charges for assault and violent crimes can indeed be intimidating. However, our experienced team at Marc Chavez Law Firm can guarantee the protection of your rights. We have litigated numerous difficult and high-profile assault and violent crime cases. We handle specific types of assault-related criminal cases, including domestic violence and aggravated assault. With our drive and dedication, our Austin criminal defense attorneys can ensure that you receive strong defense, regardless of the charges you’re facing. We’re the right team for the job. Don’t hesitate to reach out to us!

Assault/Aggravated Assault

Not every physical confrontation carries the same weight under Texas law. A shove during a heated argument might be filed as a misdemeanor, while an aggravated charge under Texas Penal Code § 22.02 can reach the felony level and carry years in prison. What tips a case into felony territory usually comes down to a few details:

• Use or display of a firearm or knife
• Serious bodily injury to another person
• Harm to a spouse, family, or household member
• An alleged victim who is a public servant

Facts get contested constantly here, from who actually started the confrontation to whether an injury meets the statute’s threshold for serious harm.

Federal Defense

Federal charges follow different rules and tougher sentencing guidelines, and fall under a separate court system. In Austin, these cases move through the United States District Court for the Western District of Texas, where prosecutors bring federal agency resources and months or years of investigation to the table. Federal charges most often surface in a handful of areas:

• Drug conspiracy and trafficking
• Wire, mail, and bank fraud
• Firearms and weapons offenses
• White collar and financial crimes

An investigation frequently starts long before any indictment, sometimes with a subpoena or a visit from agents. Responding carefully and saying little without counsel present can affect whether charges are ever filed at all.

Theft Crimes

In Texas, the value of the property allegedly taken usually determines the severity of the charge under Texas Penal Code § 31.03, from a Class C misdemeanor to a felony. Prior convictions or certain property, such as a firearm, can elevate the charge no matter the dollar amount. Common theft accusations include:

• Shoplifting and retail theft
• Theft of service
• Unauthorized use of a vehicle
• Fraud and bad check allegations

What the property is worth is often the key issue in these cases. The State must prove the property’s fair market value at the time of the offense, so challenging that figure can reduce a felony to a misdemeanor and change the case’s direction.

Navigating the Texas Criminal Justice System

The Texas criminal justice process comprises several stages:

1. Arrest – The initial stage where an individual is taken into custody by law enforcement for the alleged commission of a crime.
2. Indictment – A formal accusation made by a grand jury that there is enough evidence to charge the individual with a crime.
3. Plea bargaining – A negotiation process between the defendant and prosecutor, where the defendant agrees to plead guilty to a lesser charge in exchange for a more lenient sentence or the dropping of other charges.
4. Trial – The formal examination of evidence before a judge and possibly a jury, to determine if the defendant is guilty of the charges.
5. Post-trial – The phase after a trial has concluded, which may include sentencing, the possibility of an appeal, or the execution of the sentence.

These stages can extend over a lengthy period, making the process tricky and daunting for those unfamiliar with the system. That’s where we come in. Led by an experienced Austin criminal defense lawyer team like Marc Chavez Law Firm, can play a critical role in understanding the Texas criminal justice system by providing clients with the necessary perspective and resources to mount a criminal defense, including legal representation. It’s imperative to discuss the case details and explore all legal options with our team before consenting to a plea bargain. Accepting a plea bargain without understanding the potential consequences can be detrimental to your case, especially if the plea includes a guilty plea for a charge that could have been challenged in court. Following an arrest, the arraignment is a pivotal stage where the defendant is formally charged, informed of their rights, and bail may be set for court appearances. Having a seasoned criminal defense lawyer in Austin at this stage is vital to safeguard your rights and advocate for fair bail conditions.

Understanding Texas Laws

A thorough understanding of Texas laws, including those related to criminal conviction, is essential for effective work through the criminal justice system. In Texas, the process for a felony charge includes:

1. Indictment: A grand jury decides if there’s enough evidence to proceed to trial.
2. Arraignment: The defendant is formally charged and informed of their rights according to the Texas Constitution.
3. Bail determination: The amount of bail is determined after the arraignment.

At Marc Chavez Law Firm, we aid clients in understanding these laws. Our experience ensures that clients have a thorough understanding of their rights and the legal procedures they are undergoing. This includes explaining Miranda Rights in Texas, which encompass rights under the 5th Amendment, including the right to a grand jury and protection against self-incrimination, and the 6th Amendment right to legal counsel.

Working with Law Enforcement

Interacting with law enforcement during a criminal investigation can be daunting. The Miranda Warning in Texas ensures individuals are aware of crucial rights, such as the right to remain silent and the right to an attorney, during custodial interrogation. It’s crucial to understand when these rights apply to avoid unwittingly waiving them. At Marc Chavez Law Firm, we advise clients on how to interact with law enforcement. After an arrest, it is advisable to exercise the right to remain silent, as this helps avoid potential self-incrimination and safeguards legal interests. Furthermore, it’s important to avoid admitting guilt or making any statements that could be used in court before consulting with their lawyer to ensure their legal protection.

Courtroom Strategies

Successful defense hinges on effective courtroom strategies. At Marc Chavez Law Firm, we leverage pretrial motions as a critical tool to protect clients’ rights, challenge the admissibility of evidence, and address constitutional violations. Successful pretrial motions require thorough legal research, preparation, the ability to present compelling legal arguments, and staying updated with recent court decisions. If in Texas the Miranda Warning is not properly administered, the firm can render any statements made as involuntary and inadmissible, which can be pivotal in the defense strategy. Understanding the adversary trial system in Texas, where both prosecution and defense present cases to a judge or jury, is fundamental to our court strategies.

Protecting Your Future: Expungement and Record Sealing

A criminal record can impact employment, housing, and educational opportunities, making expungement and record sealing indispensable for safeguarding the future. They potentially restore civil rights and remove barriers that can result from a criminal record. However, the criteria and process for expungement and record sealing vary by state, making it essential to seek state-specific legal advice from an experienced criminal defense lawyer for the right outcome. Not all arrests and convictions qualify for expungement, and eligibility often depends on the jurisdiction, offense type, and any required waiting periods. Juvenile offenses may have separate rules and procedures for sealing records. While expungement results in the destruction of criminal records, sealing criminal records hides them from public access and most background checks, but not from law enforcement, with important consequences for individuals’ privacy and record accessibility. All of this information can sound overwhelming, but at Marc Chavez Law Firm, we can help you through the intricate requirements to provide you with clarity. [Related: What Steps Can Parents Take if Their Child is Charged With a Juvenile Offense In Austin, Texas?]

Eligibility for Expungement

In Texas, expungement eligibility is determined by assessing whether the statute of limitations has expired and if the case was dismissed or resulted in the successful completion of deferred adjudication probation. However, determining eligibility for expungement can be a complex process that requires a deep understanding of Texas law. That’s where we, at Marc Chavez Law Firm, step in. Our experienced criminal defense lawyers in Austin guide individuals through the expungement process, ensuring they meet all eligibility criteria.

The Record Sealing Process

The process of record sealing, or non-disclosure, can be equally as confusing. Eligibility for non-disclosure in Texas hinges on whether the individual received and completed deferred adjudication for their case. However, certain criminal offenses, including particular felonies and misdemeanors, are ineligible for non-disclosure, according to Texas law. Some examples of offenses that are ineligible for non-disclosure include:

• Murder
• Sexual assault
• Aggravated kidnapping
• Stalking
• Injury to a child or elderly person

It is important to consult with a criminal defense lawyer in Austin to determine if your offense is eligible for non-disclosure. Marc Chavez Law Firm guides individuals through the process of obtaining a non-disclosure order, ensuring they understand each step thoroughly. Our process includes:

1. Accumulating vital information regarding the case
2. Preparing and submitting the non-disclosure petition
3. Attending the non-disclosure hearing
4. After a successful hearing, the court issues an order to seal the records from public access

This may enable the petitioner to legally deny the existence of the arrest and case under most circumstances.

How Marc Chavez Law Firm Can Help You

The criminal justice system can be daunting. Whether you’re facing a misdemeanor or a serious felony, the importance of having an experienced, dedicated, and skilled Austin criminal defense lawyer by your side cannot be overstated. Marc Chavez Law Firm offers just that. With our unique blend of prosecutorial experience, personalized attention, and comprehensive legal services, we can provide robust criminal defense for our clients. Having a skilled Austin criminal defense lawyer is vital if you’re facing criminal charges. At Marc Chavez Law Firm, we can provide the following:

• Aggressive defense
• Prosecutorial experience
• Client-focused approach
• Comprehensive legal services

We want to fight for you every step of the way. Don’t let criminal charges define your future. With Marc Chavez Law Firm, you’ll have a partner who fights for you, understands you, and goes above and beyond to protect your rights. So, why wait? Call us today and take the first step towards defending your future at 512-337-9774.

Affordable Criminal Lawyers in Austin, TX

A strong legal defense should not depend on the size of your bank account. Our fees are transparent, so you know what to expect at every stage, and that affordability doesn’t come at the cost of experience. Before founding our firm, Marc Chavez spent 12 years as a prosecutor in Travis and Lubbock counties, trying cases from traffic violations to capital murder. That experience means we know how the State builds a case, where it overreaches, and which evidence it leans on hardest, insight we put to work in every defense we build.

How To Find A Good Criminal Defense Lawyer

Choosing the right defense lawyer comes down to a proven track record, communication, and local courtroom knowledge. Look for trial experience, direct attorney access, clear fee agreements, and honest advice. An attorney who regularly appears before local judges and prosecutors understands how those courts operate and how to negotiate cases within them.

In Travis County, felony cases run through the District Attorney’s Office and carry a cause number, the case’s official court tracking number, beginning with D-1-DC. At the same time, the County Attorney at the Blackwell-Thurman Criminal Justice Center on West 11th Street handles misdemeanors. Our Austin office is a block from that courthouse, which keeps us in these courtrooms week after week.

Working with an Austin criminal defense attorney who has stood on the prosecution side affects your case. It turns local know-how into real insight about motions, bond conditions, and trial timing.

How Much Does a Criminal Defense Lawyer Cost in Texas?

The cost to hire a criminal defense lawyer depends on the charge, its complexity, and how far the case goes, so a single flat number rarely fits. Many Texas defense lawyers charge a flat fee for a defined stage, such as pretrial or trial, while others bill hourly for complex or federal matters.

A misdemeanor generally costs less than a felony, and a case that resolves early usually costs less than one that reaches a jury. Ask any lawyer to put the fee arrangement in writing, including what the quote covers and what sits outside it, so nothing catches you off guard later.

When Should I Seek Legal Counsel?

The moment you suspect you may be under investigation, and before giving any statement, is the right time to seek legal counsel. Police often ask to “just talk,” but that conversation can lock in details a prosecutor later uses against you.

Waiting until charges are filed gives the State a head start. Getting a defense team involved early means someone is responding to subpoenas properly, protecting your version of events, and preserving evidence from the start. In some cases, that early involvement can even resolve a matter before it becomes a public charge at all.

How Can a Criminal Defense Attorney Help Me?

We help you by testing every part of the State’s case and protecting your rights from first contact through resolution. That work starts with a close look at how the evidence was gathered and whether police followed the rules.

From there, our team can file motions to suppress improperly obtained evidence, question the reliability of witnesses, negotiate with the prosecutor for reduced or dropped charges, and prepare for trial when a fair offer never comes. Each step works to widen your options rather than accept the first outcome the State proposes.

How Long Will My Case Take?

Depending on the charges, the court’s schedule, and how the case is resolved, most criminal cases last anywhere from a few months to more than a year. For example, a straightforward misdemeanor may be concluded after only a few court appearances. In contrast, a serious felony can involve months of hearings, motions, and negotiations.

Several things lengthen the timeline, including lab testing, expert review, and crowded court calendars in Travis County. A resolution by plea usually moves faster than a jury trial, though speed isn’t always the goal when patience produces a stronger result.

Is It Worth It to Hire a Criminal Defense Attorney?

Yes. Hiring a criminal defense attorney is a worthwhile investment because the consequences of a conviction often last far longer than the legal fees. A criminal record can affect job prospects, housing applications, professional licensing, educational opportunities, immigration status, and certain constitutional rights for years after the case ends.

Even when the evidence against you appears substantial, our team may identify constitutional violations, challenge weak evidence, negotiate reduced charges, or secure a more favorable outcome than you would get representing yourself. The value of experienced representation often extends beyond the courtroom, helping protect your future goals, reputation, financial stability, and long-term freedom.

Frequently Asked Questions

What is a defense attorney?

A defense attorney is a lawyer who represents a defendant or a person being charged with a crime, whether in a civil or criminal case, to protect their interests and provide legal defense. They may work for private law firms or be employed by the government as public defenders.

What should I do immediately after being arrested for a criminal charge in Texas?

If you’re arrested for a criminal charge in Texas, it’s crucial to exercise your right to remain silent and request to speak with an Austin criminal defense attorney. Avoid making any statements or admissions to law enforcement, as these can be used against you in court. Contact Marc Chavez Law Firm as soon as possible to ensure your rights are protected and to begin preparing your defense.

What types of cases does Marc Chavez Law Firm handle?

Marc Chavez Law Firm handles various criminal cases, from misdemeanors to serious felonies, including DWI/DUI, drug offenses, and assault and violent crimes. So if you need legal assistance in any of these areas, they can help you.

What should I do if I’m facing multiple charges?

If you’re facing multiple charges, it’s essential to seek legal counsel immediately. Marc Chavez Law Firm can provide a comprehensive defense strategy tailored to your unique circumstances. We’ll evaluate each charge in detail, consider the interplay between them, and work tirelessly to mitigate the potential consequences. Our experience with complex cases means we’re well-equipped to handle the intricacies of defending clients with multiple charges.

How does Marc Chavez Law Firm help with the expungement process?

Marc Chavez Law Firm helps clients through the expungement eligibility process and ensures they meet all necessary criteria for expungement. This ensures a smooth and successful expungement process for their clients.

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