When Your Freedom Is On The Line, Choose Whalen Law Office
The possibility of a felony conviction is serious. At Whalen Law Office, we provide vigorous defense for individuals charged with felony offenses in Frisco and throughout North Texas. We specialize in criminal appellate law and criminal law and are committed to maintaining the highest standards in criminal defense representation.
Your Rights Matter – Call (214) 368-2560 For Your Confidential Consultation
Table of Contents
- Dedicated Felony Defense In Frisco, Texas
- Texas Felony Classifications And Penalties
- Why Choose Whalen Law Office For Your Felony Defense
- Our Practice Areas
- The Felony Case Process In Texas
- Our Defense Strategies
- Collateral Consequences Of Felony Convictions
- Mitigation Development
- The Federal vs. State Court Difference
- Frequently Asked Questions About Felony Charges
- Serving Communities Throughout North Texas
- Contact Whalen Law Office Today
Dedicated Felony Defense In Frisco, Texas
A felony charge brings serious consequences that affect your future. The attorneys at Whalen Law Office bring decades of combined experience defending clients against felony charges in Frisco, Collin County, and surrounding areas.
Our defense team understands what you’re going through. Criminal charges create uncertainty about your future, your family, and your reputation. We focus on building strong defenses that protect your rights and pursue the best possible outcome for your situation.
Texas Felony Classifications And Penalties
Texas law categorizes felonies according to severity, with corresponding penalties:
Capital Felonies
- Death penalty or life imprisonment without parole
- Examples: Capital murder
First-Degree Felonies
- 5-99 years in state prison
- Fines up to $10,000
- Examples: Aggravated sexual assault, murder, aggravated robbery
Second-Degree Felonies
- 2-20 years in state prison
- Fines up to $10,000
- Examples: Manslaughter, robbery, sexual assault
Third-Degree Felonies
- 2-10 years in state prison
- Fines up to $10,000
- Examples: Deadly conduct with a firearm, third DWI offense
State Jail Felonies
- 180 days to 2 years in state jail
- Fines up to $10,000
- Examples: Possession of controlled substances, theft of property valued $2,500-$30,000
Why Choose Whalen Law Office For Your Felony Defense
Board Certified Criminal Law Attorneys Our attorneys hold certification from the Texas Board of Legal Specialization in criminal law and criminal appellate law, demonstrating our commitment to excellence in criminal defense practice.
Local Knowledge And Relationships Years of practice in Frisco and Collin County courts give us valuable insights into local procedures, prosecutorial tendencies, and judicial preferences.
Personalized Defense Strategies We reject one-size-fits-all approaches, instead developing defense strategies tailored to your specific circumstances, goals, and needs.
Direct Attorney Access When you retain Whalen Law Office, you work directly with experienced criminal defense attorneys, not paralegals or case managers.
Comprehensive Support We recognize criminal charges affect many aspects of life. Our team provides guidance on collateral consequences and connects clients with appropriate resources when needed.
Proven Results Our case history demonstrates successful outcomes across diverse felony defense scenarios, from charge dismissals to acquittals and favorable plea arrangements.
Our Practice Areas
Federal Criminal Defense
- White Collar Crimes We defend clients against fraud, embezzlement, money laundering, securities violations, tax evasion, and identity theft allegations. These cases involve complex financial and digital evidence requiring meticulous analysis and preparation. Our detail-oriented approach helps counter these sophisticated charges.
- RICO Cases The Racketeer Influenced and Corrupt Organizations Act (RICO) creates severe penalties for activities connected to organized crime. These multifaceted cases demand attorneys with thorough understanding of complex legal frameworks. Our defense team has the knowledge to defend against these serious federal charges.
- Complex Federal Cases Federal prosecutions involve distinct procedures, sentencing guidelines, and evidentiary standards. Our attorneys have extensive experience in federal courts throughout Texas, providing effective representation across a wide spectrum of federal criminal matters.
State Felony Defense
- Murder and Homicide Cases We provide defense for murder, capital murder, manslaughter, and criminally negligent homicide charges. These most serious charges demand thorough investigation, witness examination, and forensic evidence analysis. Our defense approach leaves no stone unturned.
- Sex Assault Cases Sexual assault allegations carry severe legal penalties. We construct thoughtful defenses while maintaining sensitivity to all parties involved. Our attorneys protect your rights and reputation throughout the proceedings.
- Additional Felony Defense Our practice covers the full range of state felony matters including aggravated assault, robbery, burglary, drug manufacturing/distribution, and weapons offenses. Whatever the charge, we provide dedicated representation tailored to your specific situation.
Appeals and Post-Conviction Work
With Board Certification in criminal appellate law, our attorneys identify and pursue valid grounds for appeal. We review trial records for procedural errors, evidentiary issues, and constitutional violations that may have affected your case outcome.
Post-conviction remedies include habeas corpus petitions, expunction requests, and orders of nondisclosure. We help clients pursue appropriate relief even after conviction, seeking to minimize the long-term consequences of criminal charges.
Frisco felony charges need strong defense. Whalen Law Office brings decades of experience to your corner.
The Felony Case Process In Texas
Understanding the criminal justice process helps reduce anxiety when facing felony charges:
- Arrest and Booking Following arrest, you’ll be photographed, fingerprinted, and personal information recorded. You have the right to remain silent and request an attorney immediately.
- Magistration Within 48 hours of arrest, you’ll appear before a magistrate who formally reads charges and sets bail conditions.
- Bail Determination The court sets bail based on flight risk, community ties, and offense severity. We advocate for reasonable bail terms to secure your release.
- Grand Jury Indictment For felony cases, a grand jury reviews evidence to determine if probable cause exists. Our attorneys work to present information favorable to your case when possible.
- Arraignment You’ll enter an initial plea (guilty, not guilty, no contest) during arraignment. We recommend consulting with our attorneys before this critical proceeding.
- Discovery Both prosecution and defense exchange evidence. Our team thoroughly examines all materials, identifying weaknesses in the prosecution’s case.
- Pre-Trial Motions We file appropriate motions to exclude improper evidence, dismiss charges based on legal grounds, or address constitutional violations.
- Plea Negotiations Many cases resolve through negotiated agreements. We advocate for reduced charges or minimized penalties when appropriate, while preparing for trial if necessary.
- Trial If your case proceeds to trial, we present a compelling defense through witness examination, evidence presentation, and persuasive arguments to the judge or jury.
- Sentencing (If Convicted) We present mitigating factors and arguments for leniency during sentencing hearings if conviction occurs.
- Appeals Our certification in criminal appellate law positions us to identify and pursue valid grounds for appeal when appropriate. According to the Bureau of Justice Statistics, the median time for an appellate court to resolve an appeal was around 300 days, or 10 months.
Our Defense Strategies
Every case demands its own tailored defense approach. Common strategies we employ include:
- Constitutional Violations We scrutinize police procedures for Fourth Amendment search and seizure violations, Fifth Amendment self-incrimination issues, and Sixth Amendment right to counsel concerns.
- Insufficient Evidence The prosecution must prove guilt beyond a reasonable doubt. We highlight evidentiary weaknesses and inconsistencies.
- Procedural Defenses Technical violations in evidence handling, chain of custody issues, or procedural missteps can significantly affect case outcomes. Our attorneys identify these issues and leverage them for your benefit.
- Substantive Defenses Depending on your case, we may present evidence of mistaken identity, alibi, self-defense, justification, or other legal defenses that negate criminal liability.
- Mental Health Considerations When applicable, mental health factors may provide complete defenses or mitigating circumstances. We work with appropriate experts to develop these aspects of your defense.
Collateral Consequences Of Felony Convictions
Beyond court-imposed penalties, felony convictions carry lasting implications:
- Employment Limitations Many employers conduct background checks and may decline to hire individuals with felony records. Certain professions prohibit licensure for those with specific convictions. According to the Prison Policy Initiative, over half of formerly incarcerated people experienced unemployment in the four years following release.
- Housing Restrictions Landlords commonly screen applicants for criminal history, potentially limiting housing options.
- Voting Rights Texas law restricts voting rights for those currently serving felony sentences, including probation periods. Those with felony convictions are only permitted to vote once their sentence is fully completed or “fully discharged”.
- Firearm Ownership Federal law prohibits firearm possession by convicted felons.
- Educational Opportunities Certain financial aid programs become unavailable to those with drug-related convictions.
- Immigration Status Non-citizens face potential deportation or immigration status complications following felony convictions.
- Family Law Implications Custody and visitation arrangements may be affected by criminal history.
These significant consequences underscore the importance of vigorous defense representation. Our attorneys consider these potential effects when developing defense strategies and negotiating resolutions.
Mitigation Development
Even strong cases may ultimately require sentencing advocacy. Sentencing advocacy means representing a client during the sentencing phase after they’ve been convicted or pleaded guilty. The attorney argues for the most favorable sentence possible with tactics such as suggesting alternatives or presenting positive information about the client to help get leniency
We begin building mitigation from day one:
- Comprehensive Personal History We document relevant life circumstances, achievements, contributions, and challenges that contextualize your situation for prosecutors and judges.
- Professional Evaluation Coordination When appropriate, we arrange applicable assessments from mental health professionals, substance abuse counselors, or other experts whose findings may support lenient treatment.
- Community Support Mobilization Character references from respected community members, employers, faith leaders, and others who know your true character can powerfully influence decision-makers.
- Remedial Actions We identify proactive steps you can take while your case is pending that demonstrate commitment to positive change, potentially improving plea negotiation leverage and sentencing outcomes.
Forward-thinking is crucial because if sentencing becomes necessary, we’ve already built a compelling narrative for the most favorable outcome possible under the circumstances.
The Federal vs. State Court Difference
Many clients don’t understand the significant differences between federal and state criminal proceedings. At Whalen Law Office, we handle both systems and recognize their distinct characteristics:
Federal Court Considerations
- Federal sentencing guidelines often result in longer sentences
- Pre-trial detention more common in federal cases
- Resources of federal prosecutors and agencies typically exceed state counterparts
- Different rules of evidence and procedure apply
- Limited availability of probation and alternative sentencing options
State Court Distinctions
- Greater variety of potential resolutions, including diversion programs
- More flexibility in sentencing structures
- Local procedures vary by county across Texas
- Different jury selection processes
- State-specific evidentiary rules
Our dual practice gives us perspective that attorneys practicing exclusively in one system may lack. This comprehensive understanding allows us to develop defense strategies accounting for all procedural nuances in your case.
Frequently Asked Questions About Felony Charges
Should I speak to the police without an attorney present?
We strongly advise against speaking with law enforcement without legal representation. Exercise your right to remain silent and request an attorney immediately.
Can a lawyer get the prosecutor or judge to reduce or dismiss a felony charge?
In some cases, yes. Through effective negotiation or participation in certain diversion programs, some felony charges may be reduced to misdemeanors or dismissed entirely.
How long will my felony case take?
Case timelines vary significantly based on complexity, court dockets, and negotiation progress. Some cases resolve within months, while others may take a year or longer to conclude.
Will I have to go to trial?
Many cases reach resolution through negotiated agreements. However, we prepare every case as if trial will occur, ensuring readiness if trial becomes necessary.
What happens if I’m on probation and get arrested?
A new arrest typically triggers probation violation proceedings separate from the new case. Both situations require immediate legal attention.
How much does felony defense cost?
Defense fees vary based on charge severity, case complexity, and anticipated time investment. We provide transparent fee discussions during initial consultations.
How does Texas’s “three strikes” law affect repeat felony offenders?
Under Texas Penal Code §12.42, habitual offender enhancements that significantly increase penalties for those with prior felony convictions. If you have two prior sequential felony convictions and face a third felony charge, the minimum punishment increases to 25 years imprisonment, even for lower-level felonies.
This underscores the critical importance of mounting a strong defense for any felony charge, as the consequences of multiple convictions compound dramatically.
Serving Communities Throughout North Texas
While our office is located in Frisco, we represent clients throughout Collin County and surrounding areas, including:
- McKinney
- Plano
- Allen
- Prosper
- Celina
- Little Elm
- The Colony
- Lewisville
- Denton
Contact Whalen Law Office Today
When felony charges threaten your freedom and future, timely legal intervention makes a difference. The Frisco defense attorneys at Whalen Law Office provide the skilled, dedicated representation you deserve during this challenging time.
Schedule Your Confidential Consultation
Call (214) 368-2560 to arrange a confidential case evaluation. Learn about your defense options and how our attorneys can protect your rights throughout the criminal justice process.
Whalen Law Office – Frisco Location
9300 John Hickman Pkwy #501
Frisco, TX 75035
P: (214) 368-2560