Federal Criminal Defense Attorney in Austin, Texas

Federal criminal charges are fundamentally different from state charges. The investigation, the prosecution resources, the court system, and the sentencing structure are all distinct — and generally more severe. Austin is in the Western District of Texas, and federal cases are tried in the Austin Division of that court. Attorneys who practice only in state court are not equipped to handle a federal case.

Federal agencies — the FBI, DEA, Homeland Security Investigations, IRS Criminal Investigation, ATF, and others — routinely investigate cases in Austin and Travis County. By the time federal charges are filed, the government has often built its case over months or years. The evidence is documented, the witnesses have been interviewed, and the theory of prosecution is fully developed. This means defendants are at an informational disadvantage from the moment of arrest.

Federal sentencing is governed by the United States Sentencing Guidelines, which create a structured grid based on the offense level and the defendant's criminal history. Judges have some discretion to depart from the guidelines, but the ranges are considerably more rigid than state court sentencing. Federal sentences are also served without parole — defendants serve at least 85% of their sentence before release.

Common federal charges in the Austin area include: drug trafficking and distribution (particularly interstate drug offenses and those involving federal agencies), firearms offenses, immigration violations, fraud (wire fraud, mail fraud, healthcare fraud, tax fraud), money laundering, cybercrime, and federal firearms offenses. Many of these charges carry mandatory minimum sentences that remove judicial discretion.

One of the most important decisions in a federal criminal case is whether to cooperate with the government. Cooperation agreements — where a defendant provides information in exchange for a sentencing reduction — are common in federal cases and can significantly reduce sentences. However, cooperation is a complex legal and strategic decision with significant risks. An experienced federal criminal defense attorney evaluates this option carefully before any discussions with the government.

We connect Austin residents facing federal criminal charges with attorneys who practice in the Western District of Texas federal court. Federal criminal defense is a distinct subspecialty — the attorneys in this category have federal court practice, understand the Sentencing Guidelines, and have relationships with the local U.S. Attorney's Office.