Austin Criminal Defense Lawyers

A criminal charge can put your freedom, career, family, finances, reputation, and future at risk. BRCK Criminal Defense Attorneys represents people accused of crimes in Austin and throughout Travis, Hays, and Williamson Counties. Our attorneys investigate the evidence, challenge the State’s case, and work toward our broader mission of Helping People Move On With Their Lives.

Criminal cases can begin in many different ways. Some start with a traffic stop or police encounter. Others develop through an investigation, accusation, search warrant, arrest warrant, domestic dispute, alleged theft, weapons allegation, or other report to law enforcement.

Whatever the accusation, an arrest is not a conviction.

The State still has to prove every required element of the charge with admissible evidence.

Our Austin criminal defense lawyers examine what happened, how police obtained the evidence, whether witnesses are reliable, whether constitutional rights were violated, and whether prosecutors can actually prove the offense alleged.

Texas criminal cases can range from relatively low-level misdemeanors to serious felony accusations carrying the possibility of years in prison.

BRCK represents clients facing allegations involving:

• Assault
• Aggravated assault
• Family violence
• Theft
• Fraud
• Burglary
• Robbery
• Criminal mischief
• Weapons offenses
• Unlawful possession of a firearm
• Evading arrest
• Resisting arrest
• Interference with public duties
• Obstruction or retaliation
• Unlawful restraint
• Stalking
• Harassment
• Criminal trespass
• Probation violations
• Bond violations
• Solicitation and prostitution offenses
• Misdemeanor offenses
• Felony offenses

The seriousness of the charge depends on the specific offense, the facts alleged, any aggravating circumstances, and the accused person’s prior record.

The charge filed by the State is only the beginning of the analysis.

The defense must determine what happened, what evidence actually exists, and whether that evidence is sufficient to prove the case.

A misdemeanor may sound less serious than a felony, but a misdemeanor conviction can still create lasting consequences.

Depending on the offense, a misdemeanor case may expose someone to:

• Jail
• Fines
• Probation
• Court costs
• Community service
• Counseling
• Classes or treatment
• Restrictions on firearms
• Employment consequences
• Professional licensing issues
• Background-check problems

Some misdemeanor charges can also affect immigration status, military service, security clearances, housing, and family relationships.

For many people, the most serious consequence is not the sentence imposed in court.

It is the criminal record that follows afterward.

That makes it important to evaluate misdemeanor charges carefully rather than assuming they are too minor to fight.

Felony accusations carry substantially greater risks.

A felony conviction can expose a person to imprisonment, large fines, lengthy probation, and long-term restrictions affecting many areas of life.

Felony cases may involve allegations such as:

• Aggravated assault
• Certain family violence offenses
• Burglary
• Robbery
• Felony theft
• Certain fraud offenses
• Serious weapons charges
• Evading arrest with aggravating circumstances
• Repeat offenses
• Other conduct classified as a felony under Texas law

The classification of the felony and the applicable punishment range depend on the specific offense and circumstances.

The State may also attempt to enhance a charge or punishment based on prior convictions or alleged aggravating factors.

In serious felony cases, the defense must examine every stage of the investigation closely.

A weak witness, unlawful search, unreliable identification, contradictory video, flawed forensic evidence, or legal defect may substantially change the case.

The period immediately after an arrest can be confusing.

A person may be taken into custody, booked, brought before a magistrate, and given conditions of release.

Depending on the charge, those conditions may affect:

• Travel
• Contact with certain people
• Alcohol or drug use
• Firearm possession
• Returning to a residence
• Driving
• Electronic monitoring
• Testing
• Reporting requirements

After release, the criminal case begins moving through the local court system.

The prosecution may gather police reports, body-camera footage, witness statements, photographs, forensic evidence, digital records, and other information.

The defense should begin its own investigation rather than waiting for the State’s version of events to define the case.

A police report is one officer’s account of what happened.

It is not a verdict.

Reports may summarize conversations, omit details, rely on assumptions, or describe events differently from what appears on body-camera or dash-camera footage.

In many cases, the defense should compare the report with:

• Body-camera footage
• Dash-camera footage
• 911 recordings
• Dispatch logs
• Photographs
• Surveillance video
• Witness statements
• Text messages
• Emails
• Social media
• Phone records
• Medical records
• Physical evidence
• Forensic testing

Discrepancies can matter.

An officer may describe someone as aggressive while video shows a calm interaction.

A witness may tell police one thing at the scene and something different later.

A report may claim an object was in plain view when photographs suggest otherwise.

The defense should test the written narrative against the actual evidence.

Many criminal prosecutions depend on evidence obtained through a search.

Police may search a person, vehicle, home, phone, bag, or other property under certain circumstances, but constitutional protections still apply.

The defense may examine:

• Why the police encounter began
• Whether the person was lawfully detained
• Whether officers had probable cause
• Whether a search warrant existed
• Whether the warrant was valid
• Whether officers exceeded the scope of the warrant
• Whether consent was actually given
• Whether consent was voluntary
• Whether a recognized exception to the warrant requirement applied
• Whether evidence resulted from an unlawful search or seizure

If evidence was obtained in violation of constitutional protections, the defense may ask the court to suppress it.

That can significantly affect the prosecution’s ability to continue.

What someone says during a police encounter can become a major part of the State’s case.

Statements may be recorded on body cameras, inside patrol vehicles, during interviews, over the phone, or in written messages.

The defense should examine:

• Whether the person was in custody
• Whether Miranda warnings were required
• Whether warnings were properly given
• Whether the person understood their rights
• Whether the statement was voluntary
• Whether police used coercive tactics
• Whether the recording is complete
• Whether officers accurately summarized what was said
• Whether the statement was taken out of context

People often believe they can talk their way out of an accusation.

Instead, they may unintentionally give police information that prosecutors later use against them.

A statement should never be evaluated without considering the circumstances surrounding it.

Many criminal cases depend heavily on witnesses.

A witness may be a stranger, alleged victim, police officer, acquaintance, family member, coworker, or person with their own involvement in the incident.

Not every witness is equally reliable.

The defense may examine:

• Whether the witness actually saw what happened
• Lighting and visibility
• Distance
• Stress
• Intoxication
• Memory
• Bias
• Personal relationships
• Motive to lie
• Prior inconsistent statements
• Criminal history
• Benefits received from prosecutors
• Changes in the story
• Contradictions with physical evidence or video

A confident accusation is not necessarily an accurate accusation.

Credibility should be tested against the evidence.

Modern criminal cases frequently involve electronic evidence.

Body-camera footage, surveillance video, doorbell cameras, social media, text messages, location data, and phone records can become central to the prosecution or defense.

Digital evidence can confirm an allegation, contradict it, or reveal context that is missing from a police report.

The defense may examine:

• When the evidence was created
• Who created it
• Whether it is complete
• Whether messages were deleted
• Whether screenshots omit surrounding context
• Whether an account actually belongs to the accused person
• Whether timestamps are accurate
• Whether video shows the full incident
• Whether location data supports or contradicts the accusation

A single screenshot or short video clip can create a misleading impression if the surrounding context is ignored.

Some criminal cases begin with inaccurate or exaggerated allegations.

A person may misunderstand what happened, identify the wrong person, exaggerate during an argument, or make a false accusation because of anger, jealousy, financial disputes, family conflict, or another motive.

Other cases arise from conduct that occurred but was misinterpreted by police.

The defense may investigate:

• Prior communications
• Witness relationships
• Financial disputes
• Custody disputes
• Threats to involve police
• Surveillance footage
• Phone records
• Messages
• Location evidence
• Contradictions in the accusation
• Evidence supporting an alternative explanation

The goal is not to assume an accusation is false.

It is to determine whether the State can prove it.

Some criminal cases involve allegations of assault or violence when the accused person was actually responding to a threat.

Texas law recognizes circumstances in which force may be legally justified.

Self-defense issues may depend on:

• Who used force first
• What threat existed
• Whether the threat was immediate
• Whether the accused person reasonably believed force was necessary
• The amount of force used
• Injuries to both people
• Witness accounts
• Video
• Statements made at the scene

Police may arrive after a confrontation is over and arrest the person they believe was responsible.

That initial decision does not always reflect what actually happened.

Weapons cases can arise from traffic stops, searches, domestic incidents, alleged threats, probation situations, or other police encounters.

The State may allege unlawful possession, prohibited possession, improper carrying, or use of a weapon during another offense.

The defense may need to examine:

• Who owned the weapon
• Where it was found
• Whether the accused person knew it was present
• Whether the search was lawful
• Whether the person was legally prohibited from possession
• Whether the weapon was actually used or displayed
• Whether witness descriptions are accurate
• Whether video contradicts the allegation

The presence of a firearm can also increase the seriousness of another criminal charge.

Property crime cases often depend on intent.

A dispute over ownership, payment, possession, or business dealings can sometimes become a criminal accusation.

The defense may examine:

• Who owned the property
• Whether permission existed
• Whether there was a contract or agreement
• Whether the accused person intended to deprive someone of property
• Whether the dispute is primarily civil
• Financial records
• Receipts
• Messages
• Surveillance video
• Witness testimony

Theft and fraud allegations can be especially damaging to people whose careers depend on trust, professional licensing, financial responsibilities, or background checks.

A person on probation or community supervision may face serious consequences if the State alleges a violation.

Possible allegations may involve:

• Missing appointments
• Failed drug tests
• New arrests
• Failure to complete classes
• Failure to pay required fees
• Failure to perform community service
• Travel violations
• Failure to report
• Violating no-contact conditions
• Other alleged rule violations

A violation allegation does not necessarily mean revocation is inevitable.

The defense may challenge whether a violation occurred, explain mitigating circumstances, or seek an outcome that allows supervision to continue.

There is no single defense that applies to every criminal case.

The right strategy depends on the charge, evidence, witnesses, police conduct, and circumstances surrounding the accusation.

Potential defense issues may include:

• Lack of probable cause
• Unlawful detention
• Illegal search or seizure
• Invalid search warrant
• Involuntary consent
• Unlawfully obtained statements
• Miranda violations
• Mistaken identity
• False accusation
• Unreliable witness testimony
• Inconsistent statements
• Self-defense
• Defense of another person
• Lack of intent
• Lack of knowledge
• Lack of possession
• Video contradicting the police report
• Problems with forensic evidence
• Chain-of-custody issues
• Insufficient evidence
• Failure to prove an essential element of the offense

The strongest defense may not be obvious from the initial paperwork.

It may emerge only after the evidence is compared carefully.

A criminal conviction can affect far more than the sentence imposed by the court.

Depending on the charge and the client’s circumstances, consequences may include:

• Jail or prison
• Fines
• Probation
• Community service
• Classes or counseling
• Drug or alcohol testing
• Firearm restrictions
• Employment problems
• Professional licensing consequences
• Military consequences
• Security-clearance issues
• Housing difficulties
• Education consequences
• Immigration consequences
• Background-check problems
• Family-law consequences
• Damage to reputation

Those collateral consequences can sometimes affect a person longer than the criminal sentence itself.

A meaningful defense strategy should account for what the client actually stands to lose.

Criminal cases arising in Austin are generally handled through the Travis County criminal court system.

The path of the case depends on whether the charge is a misdemeanor or felony, the allegations involved, the person’s history, and the evidence.

A case may involve:

• Bond conditions
• Discovery
• Pretrial hearings
• Motions
• Suppression issues
• Witness interviews
• Negotiations
• Plea discussions
• Trial preparation

Cases arising in Hays County and Williamson County proceed through separate local court systems.

Although Texas criminal law applies throughout the region, each county has its own courts, prosecutors, procedures, and scheduling practices.

The defense should account for the specific jurisdiction where the case is being prosecuted.

BRCK represents people facing criminal charges throughout:

• Travis County — including Austin, Pflugerville, Manor, Bee Cave, Lakeway, West Lake Hills, and surrounding communities
• Hays County — including Buda, Kyle, San Marcos, Dripping Springs, Wimberley, and surrounding communities
• Williamson County — including Round Rock, Georgetown, Cedar Park, Leander, Hutto, Taylor, and surrounding communities

A criminal case may begin with an arrest in Austin, a traffic stop on Interstate 35, a police investigation at a residence, a complaint from another person, or an incident in one of the surrounding communities.

The location affects which agency investigates and where the case is filed.

The fundamental questions remain the same:

What happened? What evidence exists? Was it obtained lawfully? Are the witnesses reliable? And can the State prove the charge beyond a reasonable doubt?

A criminal charge should not be handled by simply reading the police report and accepting the State’s version of events.

Criminal Defense Is Our Entire Practice

BRCK practices 100% criminal defense.

Our attorneys focus exclusively on defending people accused of crimes.

We Investigate the Evidence

We review police reports, video, witness statements, photographs, digital evidence, forensic records, and other available information.

We Challenge Police Conduct

When a case involves a stop, detention, search, arrest, or interrogation, we examine whether officers followed constitutional requirements.

We Test Witness Credibility

We look for inconsistent statements, bias, motive, faulty identification, and contradictions between testimony and physical evidence.

We Consider the Consequences Beyond Court

Employment, licensing, family obligations, military service, immigration concerns, and reputation can all matter.

The defense strategy should reflect the client’s actual priorities.

We Work as a Team

Our attorneys, paralegals, investigators, and support staff collaborate to identify factual and legal issues that may affect the case.

We Prepare for Every Available Path

Depending on the evidence, the defense may involve seeking dismissal, suppressing evidence, negotiating a reduction, preparing for trial, or pursuing another appropriate resolution.

The strategy should be based on the case—not a predetermined outcome.

Should I talk to police if I believe I can explain what happened?

Usually, speaking with police without first understanding your legal position can create unnecessary risk.

Statements made during an investigation may later be used by prosecutors.

You generally have the right to remain silent and to speak with criminal defense lawyers before answering questions.

Can police search me or my property without a warrant?

Sometimes.

There are recognized exceptions to the warrant requirement, but police do not have unlimited authority to search people, vehicles, homes, or property.

Whether a search was legal depends on the circumstances.

Can evidence be suppressed if police violated my rights?

Potentially.

If evidence was obtained through an unlawful search, seizure, detention, or interrogation, the defense may ask the court to exclude that evidence.

Whether suppression is available depends on the specific facts.

Can an Austin criminal charge be dismissed?

Dismissal may be possible when the State cannot prove the case or when legal or evidentiary problems significantly weaken the prosecution.

No attorney can guarantee dismissal.

What if the accusation against me is false?

The defense should identify evidence that can test the allegation.

Witnesses, messages, video, phone records, photographs, location evidence, and prior communications may become important.

What is the difference between a misdemeanor and a felony?

Misdemeanors generally carry lower punishment ranges than felonies, but both can create serious consequences.

Felony convictions can result in substantially greater exposure to imprisonment and long-term restrictions.

Should I hire criminal defense lawyers for a misdemeanor?

A misdemeanor conviction can still affect employment, licensing, firearms, immigration, housing, and background checks.

The seriousness of the case should be evaluated based on the actual consequences, not simply the misdemeanor label.

What should I do after being arrested in Austin?

Follow all bond conditions, avoid discussing the case publicly, preserve relevant evidence, and avoid contacting witnesses in ways that could create additional problems.

Early legal representation can help identify deadlines, evidence, and potential defense issues.

A criminal accusation can make it feel as though the rest of your life has suddenly been placed on hold.

It does not determine what happens next.

Evidence can be challenged. Witnesses can be questioned. Police conduct can be examined. Searches can be contested. Video can contradict reports. The State still carries the burden of proving the charge.

BRCK Criminal Defense Attorneys represents people facing criminal charges in Austin and throughout Travis, Hays, and Williamson Counties. We investigate the accusation, identify weaknesses in the State’s case, and fight for the strongest available resolution.