Is it Possible to Get a Felony Charge Dropped?

 Posted on January 27,2024 in Criminal Defense

Being charged with a felony offense can be an incredibly stressful and life-altering experience. Naturally, those facing a felony charge will be eager to understand if there are any options to get the charges dropped or reduced to a misdemeanor. While every case has unique details, there are a few common strategies that a Texas criminal defense lawyer can use to advocate for dropped or reduced charges.

File a Motion to Suppress Evidence

One of the most effective ways to get felony charges dropped is by filing a motion to suppress evidence. If there are issues with how evidence against you was obtained by police and prosecutors, your defense attorney can argue that it violates your Constitutional rights and should be inadmissible.

For example, if evidence was seized without probable cause or reasonable suspicion of a crime, your attorney can file a motion to suppress. If the judge agrees that prosecutors or police acted improperly in collecting evidence, the judge may suppress that evidence, which can result in dropped or reduced charges due to lack of evidence.

Negotiate a Plea Deal

Prosecutors know that felony trials require significant resources and prosecutors are often open to negotiating plea deals that reduce charges. Your attorney will thoroughly review your case and identify weaknesses, lack of evidence, or extenuating circumstances that could convince prosecutors to offer a plea deal to a lesser misdemeanor charge. This strategy avoids the risk of losing at trial and results in greatly reduced penalties compared to a felony conviction.

Use an Affirmative Defense Strategy

Texas law provides certain affirmative defenses that may justify otherwise illegal behavior. For example, self-defense, insanity, duress, or necessity. By building an argument supported by evidence that your actions were protected under the law, your attorney may get charges dismissed by a judge in pre-trial proceedings or win an acquittal at trial.

Contact a Denton County, TX Criminal Defense Attorney

The consequences of a felony conviction can last for years or even the rest of your life. The potential of jail time, fines, and barriers to jobs and housing justify an aggressive defense strategy to get charges dropped whenever possible. A Cooke County, TX criminal defense lawyer can potentially review the facts of your unique case and apply negotiation tactics. Call Magaña & Van Dyke at 940-382-1976 for a free consultation to get started and see what the potential may be for your specific case.