Austin Criminal Defense Attorney

A criminal charge can put your freedom, reputation, and future at risk. If you need an Austin, TX criminal defense attorney, O’Connell West, PLLC is ready to defend you. Schedule your consultation online or call (512) 547-7265 today to protect your rights and your future.

Whether you are facing misdemeanor allegations or serious felony charges, a conviction can have long-term consequences—impacting your employment, housing, professional licenses, and personal relationships. You need an attorney who understands Texas criminal law, knows how prosecutors build their cases, and has the trial experience to fight for reduced charges, dismissal, or acquittal.

Why Choose O’Connell West, PLLC For Your Criminal Defense?

Our firm brings over 80 years of collective experience defending clients against criminal allegations in state and federal courts throughout Texas. We have served as both state and federal prosecutors and defense attorneys, which gives us unique insight into how the government develops its cases and which strategies are most effective for protecting our clients’ rights.

Our Austin criminal defense attorneys have prosecuted cases, understand the pressure points in the state’s case, the weaknesses prosecutors try to hide, and the arguments that resonate with judges and juries in Travis County courts.

Austin Criminal Defense Services

O’Connell West, PLLC maintains an extensive track record of representing defendants in Texas state courts—from minor infractions to serious felony prosecutions. We defend clients against all felonies, state jail felonies, and misdemeanor offenses under the Texas Penal Code and related statutes. We have earned a well-deserved reputation for fierce, unrelenting legal representation, built on our experience first-chairing more than 150 jury trials in federal and state courtrooms.

Theft and Property Crimes in Texas

We defend individuals accused of unlawfully taking or damaging another person’s property. Property crime convictions can result in criminal records that damage your reputation and limit future opportunities:

• Theft
• Burglary
• Robbery
• Shoplifting
• Criminal mischief
• Forgery
• Credit card abuse
• Unauthorized use of a vehicle

DWI Offenses

Driving while intoxicated charges can carry severe penalties that escalate with each subsequent offense. Texas law enforcement aggressively pursues DWI prosecutions that can result in license suspension, substantial fines, and incarceration:

• First-time DWI
• Second DWI
• Third DWI (felony)
• DWI with a child passenger
• Intoxication assault
• Intoxication manslaughter

Drug Offenses

The type and amount of the substance involved determine drug offense penalties. We challenge unlawful searches, scrutinize the chain of custody for evidence, and vigorously defend your constitutional rights:

• Possession of controlled substances
• Possession with intent to distribute
• Drug manufacturing
• Drug trafficking
• Prescription fraud
• Possession of drug paraphernalia

Violent Crimes

Violent crime allegations warrant immediate legal intervention, as prosecutors seek maximum sentences and judges often deny bail. We investigate the circumstances surrounding your arrest, interview witnesses, and develop defenses that cast doubt on the state’s version of events:

• Assault and aggravated assault under Texas Penal Code § 22.01 and § 22.02
• Domestic violence
• Homicide and manslaughter
• Kidnapping
• Terroristic threats
• Deadly conduct

White-Collar Crimes

Financial crimes require attorneys who understand complex business transactions, accounting principles, and federal regulations. Our background as former prosecutors gives us insight into how the government builds white-collar cases and where vulnerabilities exist:

• Fraud
• Embezzlement
• Money laundering
• Identity theft
• Forgery

Federal Crimes

Federal prosecutions involve extensive investigative resources, mandatory sentencing guidelines, and prosecutors who rarely bring charges unless they believe they have a strong case. We have tried cases in federal court and know how to counter the government’s advantages:

• Drug trafficking across state lines
• Weapons offenses
• Bank fraud
• Wire fraud
• Racketeering (RICO)
• Immigration offenses

Military Crimes

Service members face distinct legal challenges under the Uniform Code of Military Justice (UCMJ), which can result in criminal penalties and negative effects on their military careers. Our services provide defense for active-duty personnel, veterans, and military contractors. Attorney Doug O’Connell has an active Top Secret (TS-SCI) clearance and has been repeatedly sought out to work on cases involving classified documents and programs:

• Courts-martial proceedings
• Article 15 proceedings
• Military sexual assault allegations
• Desertion and AWOL charges
• Insubordination
• Conduct unbecoming of an officer

Other Crimes

We defend clients against a wide range of criminal charges that threaten your freedom and future. Our comprehensive criminal defense practice covers offenses that many people don’t realize carry serious consequences:

• Weapons charges
• Title 9 investigations
• Public intoxication
• Probation violations
• Officer misconduct

Expunctions and Nondisclosures

Even after your case concludes, criminal records continue affecting your life by appearing in background checks conducted by employers, landlords, and licensing boards. Our Austin criminal defense lawyer team helps eligible clients clear their records through legal processes designed to minimize lasting damage:

• Expunctions: Remove arrest records entirely from public databases and law enforcement files, allowing you to legally deny the arrest occurred in most circumstances.
• Nondisclosures: Seal criminal records from public view while allowing access for select government agencies, preventing most employers and private parties from uncovering past offenses.

Criminal Penalties in Texas

Our attorneys fully explain the potential consequences you face. Texas classifies criminal offenses into misdemeanors and felonies with escalating penalties:

• Class C Misdemeanor: Fine up to $500.
• Class B Misdemeanor: Up to 180 days in jail and a fine of up to $2,000.
• Class A Misdemeanor: Up to one year in jail and a fine of up to $4,000.

Felony convictions under Texas Penal Code § § 12.32–12.35 carry substantially harsher punishments, including lengthy prison sentences. Understanding these penalties demonstrates the stakes involved in fighting your charges:

• State Jail Felony: 180 days to two years in state jail and a fine of up to $10,000.
• 3rd Degree Felony: Two to ten years in prison and a fine of up to $10,000.
• 2nd Degree Felony: Two to twenty years in prison and a fine of up to $10,000.
• 1st Degree Felony: Five to ninety-nine years or life in prison and a fine of up to $10,000.

Beyond incarceration and fines, felony convictions strip away fundamental rights, including voting, firearm possession, and professional licensing. The collateral consequences extend to housing discrimination, employment barriers, and damage to personal relationships that persist long after you complete your sentence.

What Should I Do If I’m Arrested in Austin?

The moments right after an arrest matter more than most people realize. What you say (or do not say) in those early hours can have an effect on how your entire case unfolds. Here is what to remember:

• Stay calm: Do not resist arrest, argue with officers, or make any sudden movements.
• Invoke your right to remain silent: Politely tell officers you are invoking your rights and will not answer questions without an attorney present.
• Do not consent to searches: You are not required to consent to a search of your person, vehicle, or home.
• Ask for a lawyer immediately: Once you request an attorney, questioning must stop. Do not wait to make this request.
• Contact O’Connell West, PLLC as soon as possible: Our attorneys are available to meet with you in person in Austin to walk through every detail of your situation face to face. Unlike firms that handle everything remotely, we bring that conversation to you directly.

Avoid social media and outside conversations: Do not post about your arrest online or discuss the case with anyone other than your attorney.

What Happens After I’m Charged With a Crime in Texas?

Being charged with a crime sets off a formal legal process that moves quickly. Here is a general overview of what to expect after criminal charges are filed in Texas.

Initial Court Appearances

After an arrest, you will typically appear before a magistrate for an initial hearing where bail is set. If charges are filed, you will be formally arraigned and asked to enter a plea. From there, the case moves into the discovery phase, where your attorney reviews the evidence the prosecution intends to use against you.

Grand Jury (When Applicable)

Depending on the charge, your case may go to a grand jury before proceeding to trial. Throughout this process, your attorney can file pre-trial motions to suppress evidence, challenge the legality of the stop or arrest, or negotiate with prosecutors for a reduction or dismissal.

Texas felony cases and misdemeanor cases follow different procedural timelines, which is why having a defense attorney who knows the local Austin courts is a significant advantage. Our attorneys appear in those courtrooms regularly.

Do I Need a Criminal Defense Lawyer If I’m Innocent?

Yes, and this is one of the most important questions anyone facing charges can ask. Innocence alone does not protect you in the criminal justice system. Evidence can be misinterpreted, witnesses can be mistaken, and procedural missteps can derail even the strongest defense.

An experienced criminal defense attorney can:

• Identify weaknesses in the prosecution’s case before trial
• Preserve and present evidence that supports your account of events
• Prevent statements you make from being used against you
• Challenge improper police procedures, illegal searches, or coerced confessions
• Guide you through every stage of the process so nothing catches you off guard

Our defense team takes the time to sit down with you in person and go through your case in detail. That kind of direct, face-to-face communication is something many virtual-only firms simply cannot offer, and it makes a real difference when your future is on the line.

What Are My Rights During a Criminal Investigation in Texas?

If you are under investigation, even before any arrest has been made, you have constitutional protections that apply from the very beginning. Many people unknowingly waive certain rights by cooperating with investigators before speaking to an attorney. The constitutional protections that apply include:

• Fourth Amendment: Law enforcement generally cannot search your home, car, or belongings without a valid warrant or your consent. You have the right to refuse consent to a search.
• Fifth Amendment: You cannot be compelled to incriminate yourself. You are not required to answer investigators’ questions, hand over documents, or participate in a lineup without legal counsel present.

If officers contact you for questioning, whether by phone, at your home, or at a police station, you can and should tell them you would like to speak with an attorney before answering any questions. That request must be honored. Contact our criminal defense lawyers before you speak with anyone from law enforcement.

What Are the Possible Penalties for a Criminal Conviction in Texas?

Texas imposes some of the most serious criminal penalties in the country. The consequences you face depend on the classification of the offense charged. Under the Texas Penal Code, crimes are divided into different classifications of misdemeanors and felonies, each with different ranges of punishment:

• Class C misdemeanor: Fine of up to $500; no jail time.
• Class B misdemeanor: Up to 180 days in jail and a fine of up to $2,000.
• Class A misdemeanor: Up to one year in jail and a fine of up to $4,000.
• State jail felony: 180 days to two years in a state jail facility and a fine of up to $10,000.
• Third-degree felony: Two to ten years in prison and a fine of up to $10,000.
• Second-degree felony: Two to twenty years in prison and a fine of up to $10,000.
• First-degree felony: Five to 99 years or life in prison and a fine of up to $10,000.

Beyond incarceration and fines, a conviction can affect your ability to find employment, housing, and professional licenses. Certain convictions can also lead to immigration consequences, loss of voting rights, or firearm restrictions.

How Can I Get Out of Jail After an Arrest in Texas?

After an arrest in Texas, release from custody typically depends on one of several options:

• Personal bond: A judge releases you on your word that you will appear for court dates, with no money required upfront. This is most common for lower-level offenses and first-time charges.
• Surety bond: A bail bondsman posts your bond in exchange for a fee, typically 10% to 20% of the total bail amount.
• Cash bond: You or someone on your behalf pays the full bail amount directly to the court. The money is returned at the conclusion of the case, minus any court fees.
• Release on conditions: In some cases, a judge may release you with conditions such as check-ins, electronic monitoring, or travel restrictions.

Bail amounts are set at an initial magistrate hearing, which typically occurs within 48 hours of arrest in Travis County. Our defense attorneys can appear at that hearing and argue for a lower bail or a personal bond based on your ties to the community, employment history, and the nature of the charges.

Contact Our Experienced Austin Criminal Defense Lawyer Today!

Criminal charges place everything you value at risk, and the prosecution will use every resource available to secure a conviction against you. You deserve Austin criminal defense attorneys who match the government’s determination with skill, preparation, and courtroom experience.

Call O’Connell West, PLLC at (512) 547-7265 or reach us online to request your consultation with a reputable Austin criminal defense lawyer who will fight relentlessly to protect your rights and your future.