Being charged with a violent crime in Texas is a serious matter. Offenses such as assault, robbery, manslaughter, or homicide can carry life-changing consequences, including prison time, a permanent criminal record, and limited employment or housing opportunities. However, facing a violent crime charge doesn’t mean you're automatically guilty.
At Harell & Paulson, we know that understanding all the available legal defenses is critical. That's why we've spent years providing our clients with a relentless defense when they need it most. Located in Kaufman, Texas, we provide criminal defense services in Forney, Terrell, and Rockwall.
We'll show you how the right approach can make the difference between a conviction and a reduced or dismissed charge.
What Is Considered a Violent Crime in Texas?
Under Texas law, violent crimes are offenses that involve force or the threat of force against another person. Common examples include:
Aggravated assault
Domestic violence
Armed robbery
Manslaughter
Murder
Sexual assault
Kidnapping
The penalties for these crimes vary depending on the circumstances, such as whether a weapon was used, if there was serious bodily injury, or if the alleged victim was a protected individual (such as a child or family member). Many of these crimes are classified as felonies, which can result in imprisonment for years or decades.
Facing such charges can be overwhelming, but you don't have to do it alone. A criminal defense attorney can help examine the evidence and determine which legal strategies may be applicable.
Common Legal Defenses to Violent Crime Charges
While every case is different, several common legal defenses may be raised when facing violent crime allegations in Texas:
Self-Defense or Defense of Others
One of the most common defenses to violent crime charges is self-defense. Texas law allows individuals to use force to protect themselves or others from immediate harm, provided that the level of force is reasonable and proportionate.
To assert self-defense, the accused must typically show that:
They believed they were in imminent danger of bodily harm
The force used was necessary to prevent that harm
They weren’t the initial aggressor in the confrontation
In some situations, such as a home invasion, Texas’s "Stand Your Ground" and "Castle Doctrine" laws may provide additional protection. These laws remove the duty to retreat if you’re in your home, vehicle, or place of business.
Lack of Intent
Many violent crimes require proof of intent. For example, to convict someone of assault with a deadly weapon, the prosecution must show that the accused intended to cause harm. If the incident was accidental or the result of a misunderstanding, the necessary intent might not be present.
Establishing a lack of intent can be challenging, but it's a viable defense in cases where the accused’s actions were misinterpreted or mischaracterized.
This is where a strategic criminal defense approach can scrutinize the prosecution’s evidence and cast doubt on claims of intent or planning.
Mistaken Identity
Mistaken identity is another common defense in violent crime cases, especially when the crime occurred in a chaotic or dimly lit environment. Eyewitness accounts aren’t always reliable, and people can—and do—make honest mistakes when identifying suspects.
Factors that can contribute to mistaken identity include:
Cross-racial identification issues
Poor lighting or obstructed views
Suggestive police lineups or questioning
Emotional trauma affecting memory
If there's little physical evidence linking the accused to the crime, challenging the identification process may be key to building a strong defense.
Alibi
An alibi defense asserts that the accused couldn’t have committed the crime because they were somewhere else at the time it occurred. Establishing an alibi typically involves showing that the defendant was in a different location during the incident in question, making it impossible for them to be the perpetrator.
To support an alibi, a defendant may present various forms of evidence. This could include witness testimony from individuals who saw the accused at a different location, surveillance footage capturing them elsewhere, or digital records that place them away from the crime scene.
A solid alibi can directly contradict the prosecution’s timeline and significantly weaken their case. However, the alibi must be credible and supported by objective evidence whenever possible. Alibi defenses tend to be most effective when raised early in the process, highlighting the importance of consulting a criminal defense attorney as soon as possible after charges are filed.
Less Common but Valid Legal Defenses
In addition to more frequently used strategies, other legal defenses may apply depending on the facts of a case:
Consent: In some assault or battery cases, the alleged victim may have consented to the activity (e.g., in sports or consensual roughhousing).
Duress: The defendant was forced to commit the act under threat of harm.
Insanity or mental incapacity: The defendant wasn’t mentally capable of understanding the nature or wrongfulness of their actions.
False accusation: The charges are based on fabricated or exaggerated claims, often in the context of personal disputes or custody battles.
Each of these defenses requires a careful examination of facts, supporting evidence, and in some cases, expert testimony.
How a Criminal Defense Lawyer Builds Your Case
A criminal defense attorney will typically begin by reviewing all police reports and witness statements to understand how the case is being presented. They may also interview any potential witnesses who could provide helpful context or contradict the prosecution’s version of events.
The sooner you involve legal counsel, the more opportunities there are to strengthen your defense. Early intervention can lead to reduced charges, more favorable plea offers, or the discovery of key evidence that shifts the direction of your case.
What to Do If You're Charged With a Violent Crime
If you've been arrested or charged with a violent offense in Texas, it's essential to take immediate steps to protect your rights. Here are a few key recommendations:
Remain silent: Anything you say can be used against you in court.
Avoid discussing your case: Don’t talk about the charges with anyone other than your attorney.
Document everything: Write down your version of events while it’s still fresh in your mind.
Gather potential evidence: Save texts, emails, or photos that may support your defense.
Contact a criminal defense attorney: They can guide you through the legal process and begin building your defense immediately.
Your actions in the early stages of a case can have a lasting impact. That's why it's advisable to make sure you're informed and prepared.
Facing Violent Crime Charges in Texas? Here’s What to Expect
Violent crime cases often move quickly, and prosecutors in Texas approach them with a high level of seriousness. Depending on the severity of the offense, you may face pre-trial detention while awaiting further legal proceedings. In many cases, a bail hearing will be held to determine whether you can be released before trial.
If the charge is a felony, the case may proceed to a grand jury, which will decide whether there is enough evidence to indict you formally. During this time, plea negotiations might also take place, potentially offering an opportunity to resolve the case with reduced charges or penalties.
If the case moves forward, you and your attorney will begin preparing for trial—a process that involves reviewing evidence, gathering witness testimony, and building your defense strategy. At every stage of this process, having a criminal defense lawyer who is well-versed in Texas law and court procedures can significantly impact the outcome.
Get in Touch With Us Today
If you're facing violent crime charges in Texas and need legal assistance, consult with our criminal defense attorneys at Harrell & Paulson. We can help you understand your options and develop a plan that prioritizes your best interests. We offer legal assistance in Kaufman, Terrell County, Rockwall County, and Forney. Contact us for more information.
