Austin Criminal Defense Attorney
Criminal Defense Lawyer Serving Clients Throughout Travis County
Being arrested or charged with a crime is a life altering experience and a conviction will have serious consequences, not the least of which is the potential loss of your freedom. Even if you aren’t convicted, there may be long lasting damage to your reputation. The best way to protect your rights, privileges and good name is to have an experienced criminal defense attorney in your corner.
I have decades of experience representing Texans in both state and federal courts. A seasoned trial attorney, I have designed innovative legal defense strategies against a wide range of criminal charges, including:
- Driving While Intoxicated (DWI/DUI) – Because of the dangers associated with driving under the influence of drugs or alcohol, DWI and DUI laws are strictly enforced. A conviction can lead to a license suspension, jail time, points on your license and significant fines. Additionally, under the “implied consent law” all drivers are subject to a fine and automatic license suspension for refusing to submit to a breathalyzer or blood test.
- Intoxication Assault/Manslaughter – A driver who causes bodily harm to another while intoxicated will be charged with intoxication assault. The most serious drunk driving offense is intoxication manslaughter, which occurs when a drunk driver kills another person.
- Assault – A person who intentionally, knowingly or recklessly causes bodily injury to another person, threatens someone with bodily injury, or causes physical contact in an offensive or provocative manner can be charged with assault. Additionally, an assault resulting in serious bodily injury or involving the use of a weapon during the commission of the crime is considered aggravated assault, a second degree felony. Finally, an assault against a public servant, government official, security guard or emergency services worker is elevated to a third degree felony assault.
- Domestic Violence - This offense involves an assault against any person with whom the accused has or had a close relationship such as a current or former spouse, a parent, children, a romantic partner, or anyone residing in the same household.
- Sexual Assault – Commonly referred to as rape, sexual assault is defined as any nonconsensual, or unwanted sexual contact against another person involving penetration. Consent is lacking when physical force, threats of violence, coercion, or manipulation is used against the victim. Sexual assault can be charged as a second-degree felony unless the charge is elevated to aggravated assault, a first-degree felony.
- Murder – Murder occurs when a person intentionally or knowingly causes the death of another individual, intends to cause bodily injury and acts in a way that causes death, or causes the death of another during the commission or attempted commission of a felony. Murder is elevated to a capital offense if a peace officer or fireman killed in the line of duty by a person who knows the victim was a public servant if the death occurs during a commission of or an attempted felony, or under a number of other circumstances.
Legal Defense for College Students
College students may become involved in any number of activities that lead to criminal charges such as DWI, drug possession or sexual assault. I regularly represent college students who are facing criminal charges, and work to protect their future and keep them in good standing at school.
How Phil Baker P.C Defends Criminal Charges
Regardless of the charges you are facing, my dedicated legal team will provide you with an aggressive defense strategy. After an arrest you will see a magistrate in the jail who will set your bond. When you make bond, the jail will give you the date for your initial court hearing, or an arraignment. Sometimes your court date is set off for weeks or months. During that time important evidence can be lost or destroyed. For these reasons, and others, you should seek legal advice as soon as possible after your arrest.
My team then begins preparing your defense case by conducting a thorough investigation. This includes a personal interview, visiting the scene, collecting evidence, identifying and interviewing witnesses, and developing alternative theories of the crime. We will also review the police reports and circumstances of your arrest to ensure that your rights were not violated. If the arresting officer failed to read your “Miranda Warnings,” for example, or there were errors in the search warrant, your statements or any evidence collected may not be admissible at trial.
Additionally, we routinely conduct pretrial discovery to learn the details of the prosecution’s case. We will research the law and prepare and file all the required legal documents. At trial, I will vigorously defend you by cross examining witnesses, exposing flaws in the state’s case, and presenting evidence of your innocence. I am comfortable in the courtroom and will be thoroughly prepared to present your case to a jury.
Texas Criminal Defense Attorney
Anyone accused of a crime is innocent unless proven guilty. Since 1995, I have successfully defended clients against all types of misdemeanor and felony charges. My team has a proven track record of winning acquittals at trial, but will also work to have the charges dismissed or reduced. If a case results in a conviction we will continue to fight your case on appeal.
Through the years, I have developed longstanding relationships with local and state law enforcement, prosecutors, judges, and court personnel and we are widely recognized for our integrity, honor, and commitment. If you are facing criminal charges, please call me 979.968.3783 or fill out a contact form and I will be happy to meet with you and help you if I can.