Texas Criminal Defense Lawyers Explain Defending Violent Crimes

Being charged with a violent crime in Texas can be scary. The penalties are harsh – long jail sentences, big fines, even loss of rights. But having a good criminal defense lawyer on your side makes a huge difference. Keep reading to learn how Texas criminal defense lawyers approach defending violent crimes cases and protecting their clients’ rights.

Understanding Violent Crimes Charges in Texas

Texas law defines a violent crime as any crime involving force or the threat of force against another person. Some examples of violent crimes in Texas include:

• Assault
• Aggravated assault
• Robbery
• Kidnapping
• Murder
• Manslaughter
• Sexual assault
• Stalking

Even just threatening violence – like waving a gun around – can count as a violent crime. Texas takes these charges very seriously and hands down tough punishments if convicted. We’re talking years in prison or even life sentences in some cases. Fines of tens of thousands of dollars are also common.

How Criminal Defense Lawyers Approach Violent Crimes Cases

When a client hires them after being accused of a violent crime, criminal defense lawyers immediately start investigating the charges. They look for weaknesses in the prosecutor’s case that they can exploit to get charges reduced or dismissed. Some strategies good defense lawyers use include:

• Examining if police followed proper procedures during the arrest and investigation. Violating a defendant’s rights could get evidence thrown out.
• Interviewing witnesses to poke holes in their accounts of what happened.
• Gathering evidence like security camera footage, cell phone records, receipts, etc that supports the defendant’s innocence.
• Researching the defendant’s background for mitigating factors that could reduce sentencing if convicted.
• Negotiating with the prosecutor to get charges dropped or reduced in exchange for a guilty plea.

An experienced criminal defense lawyer knows how to stand up to aggressive prosecution tactics. Their job is to make the prosecutor actually prove their case instead of just steamrolling the defendant.

Common Defenses Lawyers Use in Violent Crimes Cases

Some of the most effective defenses criminal defense lawyers employ in violent crimes cases include:

Self-Defense

One of the top defenses used is self-defense – arguing the defendant only used violence because they reasonably believed they were in imminent danger. Deadly force can be justified against kidnapping, sexual assault, robbery and other crimes. The lawyer must show the defendant could not safely retreat and their force was proportionate to the threat.

False Accusations

Many violent crimes like assault, rape and domestic violence involve just one accuser. If the defense attorney can demonstrate the accuser is lying or mistaken, the whole case falls apart. Witness interviews and background checks on the accuser are key.

Mistaken Identity

Eyewitness misidentification is a factor in many wrongful convictions. An alibi or evidence the defendant was elsewhere at the time of the crime are effective. The lawyer may also highlight differences between the defendant and accuser’s physical description of the perpetrator.

Reduced Mental Capacity

The defendant lacking mental capacity can negate intent required for a violent crime conviction. The defense lawyer may argue the defendant was too intoxicated, mentally ill, or intellectually disabled to form intent.

Duress

If the defendant can show they were forced to commit violence under threat to their or their family’s safety, this can excuse the criminal act. This is used by abused partners forced into crime by their abuser, for example.

The Benefits of Hiring an Experienced Lawyer

Navigating a violent crime case requires skill and criminal trial experience. A public defender juggling a huge caseload can’t give your defense the time and effort it deserves. But a seasoned violent crimes lawyer has the resources and knowledge to build the strongest case. This can mean the difference between a full acquittal versus a lengthy prison sentence. It’s worth investing in the best representation you can get.

Don’t leave your future up to chance. Contact a reputable Texas criminal defense attorney for a free consultation and learn how they can defend your rights.