Felony Defense Lawyer

Clayton Smith Handles ALL State Felony Cases.

When you are arrested for a Felony crime, it’s very important to immediately contact an experienced criminal defense lawyer. A good criminal defense lawyer can help your felony case during the early stages. There are many different ways to defend a case from day one, such as scheduling your felony case for an examining trial before a magistrate, getting a license hearing on a DWI, submitting a packet to the Grand Jury, or getting a pre-indictment offer from the prosecutors, etc.

Clayton smith has handled hundreds of felony cases as a Dallas criminal defense lawyer. As a former prosecutor, he knows exactly how your case will be tried, and knows when they have a strong or weak case. If you want a lawyer that will protect your freedom, call Clayton Smith.

Consequences of a Felony Conviction

The consequences of felony convictions are far-reaching and can have a profound impact on your life. These consequences may include:

  • Imprisonment for extended periods, ranging from years to decades
  • Substantial financial burdens due to fines, restitution payments, and court costs
  • Loss of voting rights, professional licenses, and the ability to hold certain positions
  • Difficulty finding employment and housing due to criminal records
  • Damage to personal relationships and reputations

Given the severity of these potential repercussions, it is essential to seek legal counsel from a Dallas criminal defense attorney who specializes in handling felony cases. For more information on the consequences of felony conviction, visit our Crime & Penalty Ranges page.

How a Lawyer can Help Your Felony Case

A skilled criminal defense attorney can make a significant difference in the outcome of your felony case. They possess a deep understanding of the complex legal system and the intricacies of felony charges. Their expertise can be invaluable in various aspects of your case, including:

  • Conducting thorough investigations to gather evidence and uncover favorable details
  • Building strong defenses that challenge the prosecution’s claims and protect your rights
  • Negotiating with prosecutors to seek plea deals or reduced charges
  • Representing you aggressively in court proceedings, ensuring your voice is heard
  • Guiding you through the legal process, providing clear explanations and support throughout

Knowledge of the System

Clayton Smith was in the Felony Trial Section of the Dallas County District Attorney’s Office. He handled hundreds of cases ranging from Murder, Aggravated Robbery, Burglary, Theft, Aggravated Assault, Assault Family Violence all the way down to State Jail Felonies.

While Clayton was in the Organized Crime Division of the Dallas County District Attorney’s Office, he handled hundreds of large quantity drug cases. These cases involve the manufacture and distribution of narcotics such as heroin, cocaine, methamphetamine, designer drugs, molly, LSD, ecstasy, mushrooms, many pounds of marijuana, etc. See the drug crimes page for more information.

As a former prosecutor, Clayton knows exactly how they will approach your case at trial. With 8+ years of experience as a criminal defense lawyer, Clayton has defended hundreds of cases, and helped his clients protect their freedom.

Clayton Smith Can Help You

  • Get the best deal possible.
  • Get your case dropped, or the charges lowered.
  • Get out of jail.
  • Get your bond lowered.
  • Review police reports, conduct interviews with witnesses, and conduct interviews with police officers to find weak or illegally collected evidence.
  • Find expert witnesses to disprove prosecution’s theories, and prove your case.
  • Conduct pre-trial investigations.
  • Can measure what a case is worth through experience as both a Defense Attorney and Assistant District Attorney
  • Can file motions.
  • Can try your case to a jury or a judge.

Frequently Asked Questions

Capital felonies

The most serious type of felony, capital felonies, are punishable by death or life without parole. There are only a few capital felonies in Texas, including murder, aggravated kidnapping, and certain drug offenses.

 

First-degree felonies

First-degree felonies are punishable by imprisonment for life or for any term of not more than 99 years or less than 5 years. In addition to imprisonment, an individual adjudged guilty of a first-degree felony may be punished by a fine not to exceed $10,000.

 

Second-degree felonies

Second-degree felonies are punishable by imprisonment for 2 to 20 years. In addition to imprisonment, an individual adjudged guilty of a second-degree felony may be punished by a fine not to exceed $10,000.

 

Third-degree felonies

Third-degree felonies are punishable by imprisonment for 2 to 10 years. In addition to imprisonment, an individual adjudged guilty of a third-degree felony may be punished by a fine not to exceed $10,000.

 

State jail felonies

State jail felonies are punishable by confinement in a state jail for any term of not more than two years or less than 180 days.In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.

 

In addition to imprisonment and fines, individuals convicted of felonies in Texas may also be subject to other penalties, such as probation, restitution, and community service.

It is important to note that these are just the maximum penalties for felony convictions. The actual sentence that a defendant receives will depend on a number of factors, including the severity of the crime, the defendant’s criminal history, and the recommendations of the prosecution and the defense.

A preliminary hearing is a hearing held before a judge to determine whether there is probable cause to believe that the defendant committed the crime charged. If the judge finds probable cause, the defendant will be bound over to trial. If the judge does not find probable cause, the charges against the defendant will be dismissed.

The purpose of a preliminary hearing is to protect the defendant from being unnecessarily tried for a crime that the prosecution does not have enough evidence to support. It is also an opportunity for the defendant to hear the evidence against them and to cross-examine the prosecution’s witnesses.

At a preliminary hearing, the prosecution will present evidence in support of the charges against the defendant. This evidence may include police reports, witness statements, and physical evidence. The defense may also present evidence, but they are not required to do so. The judge will then consider all of the evidence and make a decision about whether there is probable cause to believe that the defendant committed the crime.

A trial is a hearing held before a jury or a judge to determine whether the defendant is guilty of the crime charged. If the defendant is found guilty, they will be sentenced by the judge.

The purpose of a trial is to determine the guilt or innocence of the defendant. The prosecution has the burden of proving beyond a reasonable doubt that the defendant committed the crime. The defense may present evidence to refute the prosecution’s case or to raise reasonable doubt about the defendant’s guilt.

At a trial, both the prosecution and the defense will have the opportunity to present evidence, to cross-examine witnesses, and to argue their case to the jury or the judge. The jury or the judge will then make a decision about whether the defendant is guilty or not guilty.

The prosecution will then present their evidence, calling witnesses to testify and introducing physical evidence. You have the right to cross-examine the prosecution’s witnesses, and your attorney will question them to challenge their credibility and the strength of their testimony.

After the prosecution’s case, the defense will have the opportunity to present their evidence. This may include calling witnesses to testify on your behalf, introducing physical evidence, or presenting expert testimony. The prosecution will have the opportunity to cross-examine your witnesses.

Once both sides have presented their evidence, the closing arguments will begin. The prosecution will argue why you should be found guilty, and the defense will argue why you should be found not guilty.

After closing arguments, the jury will be instructed on the law and will then deliberate to decide your verdict. The jury must reach a unanimous verdict in order to convict you.

If you are found guilty, the judge will sentence you. The sentence will depend on the severity of the offense, your criminal history, and other factors.

Clayton Smith is personally involved in each of his clients’ cases, and is willing to go the extra yard to secure a positive outcome for the people he represents.

Clayton believes in transparency, and will keep you updated and educated on your case throughout the entire process.

Case Results

Case Dismissed

Domestic Violence, Impeding Breath or Circulation (3rd Degree Felony)

  • Client facing up to 10 years in prison for Assault Family Violence.
  • Client accused of choking his mother.
  • Mother filed out Affidavit of Non-Prosecution and also told prosecutor it did not happen.
  • Client took anger management classes.
  • Case Dismissed.

6 Months Deferred Adjudication Misdemeanor Probation

Client Arrested with Felony Drugs (Methamphetamine)

  • Client arrested for Possession of a Controlled Substance < 1 gram (Methamphetamine).
  • Client went to AA / NA on his own and passed his own drug tests.
  • Attorney Clayton Smith convinced prosecutor to give client misdemeanor probation.

Continued on Probation in Dallas

Client Facing up to 20 Years in Prison, Picked up New Felony in Another County

  • Client on Robbery probation in Dallas, arrested for felony theft in another county.
  •  Attorney Clayton Smith convinced prosecutor to continue Client on probation and let him deal with other county on the new case.

****We do not currently accept Federal cases****