A felony charge in Fort Bend County is one of the most serious situations you can face. A conviction can mean years in a Texas prison, a permanent record, and the loss of rights you may never get back. The right defense attorney, hired quickly, can change everything.
Experienced Felony Defense for Fort Bend County
Varghese Summersett is a top-rated Texas criminal defense firm with offices in Fort Worth, Dallas, Houston, and Southlake. The firm’s team includes five Board Certified attorneys — among them, three Board Certified Criminal Law Specialists and two Board Certified Juvenile Law Specialists. As a firm, Varghese Summersett has secured more than 1,600 dismissals and more than 800 charge reductions for clients across Texas.
Leading the firm’s Fort Bend County practice is Mike Hanson, Senior Counsel and Area Lead for the Houston office. Mike is a former prosecutor who served as an Assistant District Attorney in both Tarrant County and Fort Bend County—giving him direct, firsthand knowledge of how local prosecutors build felony cases. He has more than a decade of experience, has tried more than 60 cases before a jury, and was recognized as a Rising Star by Super Lawyers. He knows Fort Bend County’s courts, its prosecutors, and what it takes to win.
When you hire Varghese Summersett, you are not just getting a single attorney. You are getting a deep bench of experienced trial lawyers who have collectively handled thousands of felony cases across the full spectrum of Texas criminal law—from state jail felonies to murder.
You've Seen Us On
What Is a Felony in Texas?
Texas law divides criminal offenses into misdemeanors and felonies. Felonies are the more serious category. They are handled in district courts, and a conviction results in a sentence served in a Texas Department of Criminal Justice (TDCJ) prison or, for state jail felonies, a state jail facility—not a county jail.
Felonies cover a wide range of offenses: drug possession and delivery, assault, robbery, burglary, sexual assault, weapons violations, homicide, and more. The level of the felony—state jail, third degree, second degree, first degree, or capital—determines the punishment range you face.
A felony conviction does far more damage than just prison time. You lose the right to possess a firearm. You may lose the right to vote. You can be deported if you are not a U.S. citizen. You will carry a permanent criminal record that shows up on background checks and limits your access to employment, housing, and professional licensing. Some offenses require lifetime sex offender registration. You can read more about felony voting rights in Texas and the pathway to an expunction on our blog.
Texas Felony Classifications and Punishment Ranges
Under Texas Penal Code § 12.04, felonies are divided into five classifications. Each carries its own punishment range:
- Capital Felony: Life without parole or death (Texas Penal Code § 12.31)
- First Degree Felony (§ 12.32): 5 to 99 years or life in TDCJ; fine up to $10,000
- Second Degree Felony (§ 12.33): 2 to 20 years in TDCJ; fine up to $10,000
- Third Degree Felony (§ 12.34): 2 to 10 years in TDCJ; fine up to $10,000
- State Jail Felony (§ 12.35): 180 days to 2 years in a state jail facility; fine up to $10,000
Prior convictions can enhance the charge level. A state jail felony can be elevated to a third degree felony with the right prior conviction. A third degree can become a second degree. These enhancements significantly increase the prison time you face.
What the Prosecution Must Prove
In every felony case in Texas, the burden of proof rests entirely with the State. You are presumed innocent. That presumption never shifts. The prosecution must prove every element of the charge beyond a reasonable doubt—the highest standard in American law. If any reasonable doubt exists after hearing all the evidence, the jury must return a not guilty verdict.
You have no obligation to testify, produce evidence, or prove anything. The State’s failure to meet its burden on even a single element of the offense is enough to defeat the charge.
The specific elements vary by charge. For example:
- Aggravated assault with a deadly weapon (Tex. Penal Code § 22.02(a)(2)): The State must prove the defendant intentionally, knowingly, or recklessly caused bodily injury to another person while using or exhibiting a deadly weapon.
- Drug possession (Tex. Health & Safety Code § 481.115): The State must prove the defendant knowingly possessed a controlled substance in the charged weight category.
- Robbery (Tex. Penal Code § 29.02): The State must prove that in the course of committing theft, the defendant intentionally, knowingly, or recklessly caused bodily injury, or intentionally or knowingly placed someone in fear of imminent bodily injury or death.
A skilled defense attorney examines each element and looks for weaknesses in the evidence before the case ever reaches a jury. Read more about our Fort Bend criminal defense practice and how we approach these cases.
Typical Bond Amounts for Felony Charges in Fort Bend County
Bond is the amount of money required to secure your release from jail while your case is pending. In Fort Bend County, bond amounts for felony charges vary significantly based on the offense, your criminal history, and the circumstances of the case.
Based on an analysis Varghese Summersett completed of over 10,241 bonds set in Fort Bend County:
| Felony Charge Category | Typical Bond Range | Most Common Bond |
|---|---|---|
| Drug Possession (State Jail / 3rd Degree) — PG1 under 4g | $1,000 – $15,000 | $5,000 |
| Drug Possession (2nd Degree) — PG1 4g to 200g | $5,000 – $50,000 | $10,000 |
| Drug Manufacture / Delivery (1st Degree) — PG1 4g to 200g | $15,000 – $150,000 | $30,000 |
| Aggravated Assault with a Deadly Weapon (2nd Degree) | $10,000 – $150,000 | $50,000 |
| Weapons Offenses — Unlawful Possession by Felon | $5,000 – $75,000 | $10,000 |
| Sexual Assault / Aggravated Sexual Assault of a Child | $50,000 – $300,000 | $100,000 – $150,000 |
| Murder / Homicide | $100,000 – $1,000,000+ | $500,000 |
Bond amounts are not fixed. Varghese Summersett can appear at bond hearings and argue for a reduction based on ties to the community, lack of criminal history, employment, and other factors. Getting bond reduced can mean the difference between sitting in the Fort Bend County Jail while your case moves forward or going home to your family.
Common Defenses in Fort Bend County Felony Cases
Every felony case is different, but effective defense strategies tend to target one of three areas: the facts, the law, or the evidence. Our team looks at every angle before your case proceeds.
Challenging the evidence. Physical evidence—drugs, weapons, phones, surveillance footage—can be challenged on chain of custody grounds, lab handling errors, or improper storage. If the evidence was obtained through an unlawful search or seizure, we can move to have it suppressed entirely. Evidence that cannot be used by the prosecution dramatically weakens or ends the case.
Challenging the stop or arrest. Under the Fourth Amendment, law enforcement must have reasonable suspicion to stop you and probable cause to arrest you. If they did not, anything gathered from that encounter may be inadmissible. This applies to traffic stops, pedestrian detentions, and home searches alike.
Challenging witness credibility. Eyewitness misidentification is one of the leading causes of wrongful convictions in the United States. We examine how witnesses were questioned, what they were shown, and whether their identification was properly handled. Informants and cooperating witnesses bring their own credibility issues that we rigorously explore.
Affirmative defenses. Texas law recognizes several affirmative defenses to criminal charges, including self-defense, defense of others, defense of property, and necessity. If the facts support it, we build an affirmative defense that the State must overcome.
Negotiating a reduction or diversion. Not every felony case goes to trial. Our team has deep relationships with Fort Bend County prosecutors and a thorough understanding of what cases they will and will not take to trial. When the facts support it, we negotiate aggressively for charge reductions, deferred adjudication, or participation in diversion programs—outcomes that preserve your future and your record.
If you are facing a charge that could lead to a felony murder allegation, a serious assault charge, or a sexual assault allegation, contact us before making any statements to law enforcement.
How Fort Bend County Felony Cases Work
Arrest and booking. After an arrest, you will be booked into the Fort Bend County Jail in Richmond. A bond will be set, either at a magistration hearing or by a judge. The earlier you have an attorney working on your bond, the better your chance of a quick release.
Grand jury review. Most felony charges in Texas go before a grand jury before formal charges are filed. The grand jury hears evidence presented by the prosecutor and decides whether there is probable cause to indict. Varghese Summersett may be able to present evidence to the grand jury and argue against indictment—a step that can result in a “no bill” and the case never proceeding to trial.
Pre-trial motions and discovery. This is where much of the most important defense work happens. Our attorneys review all evidence the State intends to use, challenge unlawful searches and seizures, litigate suppression motions, and explore every avenue to weaken the prosecution’s case before trial begins.
Trial or resolution. If the case does not resolve through dismissal, reduction, or plea, it proceeds to a jury trial. Varghese Summersett’s attorneys have tried more than 100 state and federal cases before Texas juries—a level of trial experience that most defense firms cannot match.
Sentencing and appeals. If a conviction results, we fight at sentencing to minimize the consequences and, where appropriate, pursue post-conviction remedies including appeals, motions for new trial, and writs of habeas corpus.
The earlier you get legal help, the more options you have. If you have been contacted by a detective or know charges are coming, reach out to our Fort Bend criminal defense team before speaking with anyone in law enforcement.
What to Expect From Varghese Summersett
Varghese Summersett represents people—not case files. From the first consultation to the final resolution, you will know who is handling your case, where it stands, and what the strategy is.
The firm was founded by Benson Varghese and Anna Summersett, both Board Certified Criminal Law Specialists with more than 100 jury trials each. The firm has been recognized three times on the Inc. 5000 list of the fastest-growing companies in America and honored as one of the best companies to work for in Texas.
In Fort Bend County, your case will be led by an attorney who knows this jurisdiction. Mike Hanson, who spent time as an Assistant District Attorney in Fort Bend County, understands the local courts, judges, and prosecutorial tendencies at a level that makes a real difference. He has the support of the entire firm behind him, including access to board-certified specialists, investigators, and expert witnesses when the case requires it.
From handling your bond to investigating your case, negotiating with prosecutors, and preparing for trial if necessary, Varghese Summersett brings the resources of a large firm with the personal attention of a boutique practice. You will hear from us. We will answer your questions. And we will fight hard for the best possible outcome in your case.
If you or someone you love is facing a felony charge in Fort Bend County, do not wait. Call (281) 805-2220 now for a free, confidential consultation. You can also explore our Fort Bend DWI and Fort Bend Juvenile Defense pages if your situation involves those charges.
Award-Winning Legal Excellence
Ask Varghese Summersett AI
Versus-AI has been taught everything from our website and is here to help you find the answers you need. Ask Versus-AI anything.
Watch: Felony Punishment Ranges in Texas Explained
Varghese Summersett attorney Benson Varghese breaks down exactly what the different felony levels mean for you and what prison time you could face.
Fort Bend Felony Defense: Frequently Asked Questions
Can a felony charge in Fort Bend County be reduced to a misdemeanor?
Yes, in some cases. Prosecutors have discretion to offer plea agreements that reduce the charge level. Certain felonies are also eligible for deferred adjudication, which allows you to avoid a final conviction if you successfully complete probation. Our team evaluates every case individually to identify whether a reduction is realistic and what it would take to get there.
What happens at a Fort Bend County grand jury proceeding?
A grand jury is made up of citizens who review evidence presented by the prosecutor and decide whether there is probable cause to formally charge you with a felony. You are not present, and the standard is much lower than at trial. However, your attorney may be able to submit a “packet” to the grand jury—evidence, character letters, legal arguments—that can persuade them to return a “no bill” and decline to indict. This is one of the most powerful pre-indictment tools available in Texas criminal defense.
How long does a felony case take in Fort Bend County?
Most felony cases in Fort Bend County take anywhere from several months to a year or more to resolve, depending on the complexity of the charge, the court’s docket, and how the case develops. Cases that go to trial take longer. Cases where strong pre-trial motions resolve the issue can move faster. Your attorney can give you a realistic timeline based on your specific situation.
Will I go to prison if convicted of a felony in Texas?
Not necessarily. Probation—including deferred adjudication—is available for many felony offenses in Texas, particularly for first-time offenders and lower-level felonies. The judge or jury has discretion within the punishment range. Whether prison or probation is the likely outcome depends heavily on the specific charge, your history, and the strength of your defense. An experienced attorney can significantly affect which direction a case goes.
Can a felony conviction be expunged in Texas?
Generally, a felony conviction cannot be expunged in Texas. However, if your case was dismissed, you were acquitted, or the grand jury returned a no bill, you may be eligible for an expunction. Deferred adjudication for a felony may qualify for a non-disclosure order in limited circumstances. The rules are complex. Read more about getting an expunction in Texas or speak with our team about your specific case.
Fort Bend County Criminal Defense Practice Areas
Experienced criminal defense attorneys serving Fort Bend County
Facing charges in Fort Bend County? Get a free consultation.
A felony conviction in Fort Bend County is not something you recover from easily. Prison time, a permanent record, lost rights, and limited opportunities follow you for years. Varghese Summersett’s team—led locally by a former Fort Bend County prosecutor—is ready to fight for you. Call (281) 805-2220 for a free and confidential consultation.
