Our Criminal Defense Services

If you find yourself in legal trouble – know that it’s a long path from being arrested to getting convicted. There is a process in every legal system that all of us have to honor and follow, and if your case is examined by an experienced professional, through honest and transparent communication – the law can indeed work in your favor.

Just because you are charged – that doesn’t mean you’ll have to do the time or pay hefty fines. With our help, you can get your charges reduced, dropped and potentially avoid having a criminal record.

With our knowledge of the criminal justice system and experience in criminal defense, we can help you fight for your rights, for your reputation, and even for your life, if required.

Practice Areas


Being charged with a DWI or DUI can be a stressful experience, and it is important to have a knowledgeable attorney who can protect you and your future if you find yourself in this unfortunate situation.

In the state of Texas, a first time DWI charge- although considered a misdemeanor- can stay on a driver’s record for the rest of their life and can have significant consequences if not properly dealt with.

The difference between a DWI and a DUI:  Under the Texas State Traffic Code, a DUI is normally issued to minors who are driving with any BAC, while a DWI charge is assigned to adults who are operating a motor vehicle over the legal BAC limit.

Here at the law offices of Benjamin Gergen, we are prepared to defend both parties, regardless of age.

Illegal Substance Possession

Getting charged with illegal possession of controlled substances, or the possession of marijuana, can lead to hundreds of dollars of fines and significant jail time, even for small amounts of substance.

The state of Texas has some of the harshest penalties for illegal possession. Although not all possession charges are treated as felonies in the state of Texas, most of them will fall under one of the six penalty group categories, regulated by the Texas Controlled Substances Act.

When it comes to possession of marijuana (or marihuana, as defined by Texas laws) a smaller amount of the substance (¼ ounces) can be treated as a misdemeanor. Everything above that amount is, again, treated as a felony.

Even if this is your first case of illegal possession, please do not hesitate to contact us and consult on your options and potential legal representation.

Assault Charges

If you are charged and apprehended for assault in the state of Texas you have to appear before a Judge within 48 hours of your arrest. It is crucial to have your legal representative with you on your side for that first hearing.

Within that first hearing, you will be informed of the reasons for your arrest and about the due legal process that you will go through. The judge will also state the bail amount or release you without any, if your crime is a minor one. If you qualify, you can ask and get a reduction as well.

The prosecution will assess your charges and file them as misdemeanor or felony. Minor threats can lead to $500 fines, and misdemeanors of a more serious nature can lead up to a year in prison. If your case is regarded as a felony, depending on the circumstances, the punishment can lead to years, decades and even life in prison.

There are many different classifications, and many varying charges depending on the actual act. Please don’t hesitate to contact us, and allow our experience to guide you through this process.

Robbery Charges

Regarded as a second degree felony in the state of Texas, robbery charges can lead from 2 to 10 years in prison, with fines up to $10.000. However, aggravated robbery charges are regarded as a first degree felony and can even lead to life in prison.

Your case depends on the proof of intent and the fact if you’ve actually cause physical or emotional harm to the victim. The state laws change all the time, but make no mistake and take these charges lightly.

Your motives, potential influence of drugs or alcohol, and your role in the very crime will matter for your final sentence. In case that your charges don’t lead up to a prison sentence, that doesn’t mean that your criminal record won’t be affected long term.

Having an experienced criminal defense attorney is vital for your case, don’t hesitate to call our offices and ask for help.

Murder Charges

The act of Murder, or the unlawful homicide, can lead to a conviction from 5 to 99 years in prison, depending on various circumstances. Even a negligent homicide is punishable with up to 2 years in prison.

Texas is one of the first states in the world to re-introduce capital punishment as sentence for murder, and had 114 executions carried out from the year 2010 alone. This is the most severe conviction a person can get in this day and age.

From reckless conduct that lead to someone’s death, to intentionally causing the death of another person, and finally capital murder – Texas has very strict laws on how our state deals with these cases.

If you are charged for something as serious as murder,  do not speak to anyone before consulting your attorney. Benjamin Gergen, as an experienced Criminal Defense Lawyer, will fight with commitment and perseverance for your rights and your freedom.

What Our Clients Have To Say

Saved me!!

I hired Mr Gergen to handle 2 felony cases for me. Not only did he get me out of jail but he also got me into treatment as an option and I am now in recovery. Thank you! If you are willing to work for it, this is your guy!!


Best lawyer in Austin

I had a issue on where I had hired a lawyer prior to Benjamin, I had set bail with another lawyer who was too lazy to go to another municipal judge to sign off on it I was on a monitor, I then fired him and Benjamin came in. I am back with my family from the ankle monitor. Still fighting this case but hiring Benjamin is worth it, he’s straight up and forward. You don’t expect that from many lawyers. He’s great if your in Austin and get caught up on some bogus charges! Thanks Benjamin I will forever use you if I get into any other problems in life!

Joshua Pantoja

Great lawyer

Ben has done a great job on my case so far and I highly recommended him to any body that has a drug case in Travis county. His rates arecently more reasonable than anyone else I talked to and is getting better results than any other lawyer told me they could do for me. I hold him up very high and have given his cards to a bunch of my friends.

Greg Gizmo

The best a man can get!

Contacted, consulted, hired, Benjamin Gergen. Released, represented and resolved a criminal case. A life changing experience. Recommended by and to anyone in the Austin area as an Attorney extraordinaire. Thank you.


Hands down one of the best lawyer here in the ATX

Could not be any happier with my outcome very pleased with Mr Gergen, he is always happy easy going friendly and will make sure and with some luck anything is possible I highly recommend if you got a DWI contact him or his staff they are also very nice and helpful there always ready too give you answers for your questions!


Amazing guy

Benjamin was amazing. We hired him last minute. He moved quickly and helped my son on a charge that could have turned for the worse. He was referred to us from a previous client and we just feel so grateful. He is very communicative and genuinely wants to help. I highly recommend him, wholeheartedly!


Super great job Benjamin is

Benjamin is a Angel and an great attorney I hired him not one but twice and both times he fought a good one for me me already being down to prison 3× and an ugly Criminal record he kept me free on grounds I will always hire and refer everyone one to him and he is very honest he will tell you straight up what to expect and what not to expect I built family with Ben I respect this man to the max.


Best Attorney hands down

Benjamin is an awesome Attorney and I am very satisfied with the hard work he is putting in towards my case and makes me feel very confident when I walk in the court room with him representing me. He is very straight forward and treats me like family and because I was on time with all payments he even went out of his way to bond me out when I couldn't pay bond up front and I will never forget that. No Lawyer would ever do that for their client. Thanks Ben your the best!


Tough Case

So, I had a tough case and I expected a 5 to 10 year outcome...
Mr. Gergen got me 2. He's a genius and I would use him again in a heartbeat!


Super intelligent and very down to earth!

He treated me like a real person and not just a piece of paper in a folder.
I respect the effort he put in to listen to and work with my ideas about my case and Ben Gergen got me the outcome that I wanted! You ROCK Ben!


Exceptional and compassionate

Mr Gergen is a great lawyer who practices law with a deep sense of morality and ethics. He does not treat his clients as clients only but treat them as human and have a lot of compassion and care about the overall well being of his clients. He practices professionally, Has great insight into legal system plus he is a very good human being. Was lucky to come across such a great gentle man. God bless


A Great Lawyer

I have had a great opportunity to meet and hire Benjamin Gergen. He was very nice and treated me with the most respect he didn't just treat me like another client. I have not one bad thing to say about this man and I recommend him to everyone that has legal problems. He won't let you down.. Thanks Benjamin.

Erica Alvarez

Outstanding Criminal Defense Attorney

This lawyer assisted me in my Travis county criminal case. He carries himself in a very professional manner, and is very personable when you speak with him. He explained my legal issue in a manner that I was able to clearly understand. In addition, he planned an excellent strategy for my defense at court before he met me for the first time. He has gone above and beyond what other lawyers typically do for a client with my history in the criminal court. He treated me with respect and spoke to me "man to man". To him, I am not just another cause number or paycheck down at the court house. It is my opinion that he also observed the highest level of legal ethics as my counsel, and is not an attorney who simply agrees with the quick decisions of prosecutors who carry large caseloads and don't take time to fully examine the facts of each individual case. I recommend this attorney to my loved ones, and would use his services again if I need to. He will go the extra mile for his clients.