Being accused of a violent crime in Texas can be extremely serious. The consequences of an arrest for a violent crime can include jail or prison time, a permanent criminal record, fines, probation, immigration consequences or the loss of civil rights. If you are charged with a violent crime, it is critical that you consult with an experienced criminal defense lawyer as soon as possible.
Attorney Jose Ceja is a former prosecutor who regularly defends violent crimes throughout the Houston area. He has obtained “not guilty” verdicts, grand jury “no bills” and dismissals for clients charged with a variety of violent crimes throughout the Houston area. If you are charged with any violent crime anywhere in the Houston area, call Ceja Law Firm for a free consultation.
What are the most common violent crimes in Texas?
Texas law punishes a variety of violent crimes, ranging from fine-only assaults to automatic life sentences for capital murder. Below are the most common violent offenses that are charged in Texas and the Houston area:
- Assault: An assault can be committed by causing bodily injury to another person, threatening another with imminent bodily harm or causing physical contact in a manner that would be considered offensive or provocative. Assault is typically charged as a misdemeanor but it can be elevated to a felony depending on the status of the alleged victim (for example, if the victim is a police officer), or the criminal history of the defendant.
- Aggravated assault: An aggravated assault is an assault that results in serious bodily injury or involves the use of exhibition of a deadly weapon during the commission of the assault. Aggravated assault is a second-degree felony but can be enhanced to a first-degree felony if committed against certain victims including a person in a dating relationship or a public servant.
- Domestic violence: In Texas, domestic violence is known as assault-family violence and involves committing an assault causing bodily injury against a person in a current or former dating relationship, family member, or member of a person’s household. Assault-family violence is charged as a misdemeanor in Texas unless the assault results in serious bodily injury or strangulation, involves the use of a deadly weapon, or the defendant has a prior conviction.
- Assault of a police officer: A regular assault causing bodily injury that is committed against a police officer who is performing an official duty is charged as a second-degree felony. “Bodily injury” is defined to include physical pain, illness or any impairment of physical condition.
- Murder: In Texas murder is committed by intentionally or knowingly causing the death of a person or causing the death of a person after intending to cause serious bodily injury and committing an act that is clearly dangerous to human life. Murder is a first-degree felony.
- Felony murder: Felony murder is committed when a person commits or attempts to commit a felony and in the course of committing the felony, or in the flight from the commission or attempt, the person commits an act dangerous to human life that causes the death of a person. Felony murder is a first-degree felony.
- Capital murder: In Texas, capital murder is committed by committing murder with some aggravating factor, such as killing a police officer, child or committing murder in the course of a specified crime, such as robbery or aggravated sexual assault. Capital murder is punished by automatic life in prison or the death penalty.
- Terroristic threat: Under Texas law, terroristic threat can be committed in many ways. However, most cases of terrorist threat are filed after a person is alleged to have threatened to place a person in fear of imminent serious bodily injury. Most terrorist threat cases filed in the Houston area are Class A misdemeanors, although terroristic threat can also be a felony depending on the facts.
- Deadly conduct: Deadly conduct can be charged for recklessly engaging in conduct the places another in imminent danger of serious bodily injury or by discharging a firearm at or in the direction of one or more individuals, a building, or habitation. Depending on the facts alleged, deadly conduct can be charged as a misdemeanor or felony.
What are defenses to violent crimes?
- Self Defense: Texas has one of the broadest and most robust self-defense statutes in the country and self-defense is frequently asserted as a defense to many violent crimes. The self-defense statute can be complex and there are many limitations, but in general, it authorizes the reasonable use of force or deadly force when necessary to defend against another person’s unlawful use of force or deadly force.
- Defense of Others: In most cases, a person is permitted to use force or deadly force to protect a third-person when and to the degree that they would be authorized in using force or deadly force to protect themselves.
- Defense of Property: Texas law permits the use of force, or even deadly force, to protect or recover property in some instances and to protect against certain property crimes. The availability of defense of property depends on the specific facts of a case.
- Mistaken Identity: A common defense in all criminal cases is that the person charged was not the one who actually committed the offense. This is known as the defense of mistaken identity, which is a factual defense, typically raised at trial.
- Sudden Passion: At the punishment phase in a murder trial, a defendant may raise the issue of sudden passion. If the defendant convinces the jury that he caused the death under the immediate influence of sudden passion arising from an “adequate cause,” the punishment range for the offense is reduce to a second-degree felony. Sudden passion is a defense that would reduce the potential punishment, not a defense that would lead to an acquittal.
What happens if you are charged with a violent crime in Houston?
When a person is charged with a violent crime in Houston, they will often be arrested at the scene of the incident. If they are not present when police arrive, or the police conduct a more extensive investigation prior to arresting the person, then a warrant will be issued and the person will be arrested later on. Once a person is arrested, they will see a magistrate judge who will set a bond. There is a strong presumption of granting a bond in Texas, although there are certain situations where a person can be held without bond.
After being released from jail, a defendant charged with a violent crime in Houston will typically have a court date within two weeks. A criminal case will not be decided for several months. At the first court date, the judge will typically review a defendant’s bond conditions and possibly issue an order prohibiting the defendant from contacting the defendant or going to their home or work.
How can I keep a violent crime arrest off of my record?
Under Texas law, there are two ways to keep an arrest for a violent crime off of your record – an expunction or a non-disclosure (also known as “sealing” your record). The best way to protect your record is by getting the arrest expunged. However, a defendant is generally only eligible to have a case expunged if the charge is dismissed or if the person is found “not guilty” at trial. Any type of plea agreement involving probation, jail time or “time served” will make a person ineligible for an expunction.
If a person successfully completes a deferred adjudication probation, then they may be entitled to have their records sealed. Although the sealing of records is not as good as an expunction (an expunction causes the physical destruction of the records, while a non-disclosure only prevents certain private entities from seeing the records), it can still be an effective way to protect your record. However, it is important to understand that some violent offenses, such as offenses involving a finding of family violence, are not eligible to be sealed.
How can a violent crimes attorney help with my case?
An experienced and effective attorney can assist a person charged with a violent crime at every stage of the case. In the Houston area, a violent crime charge can take a year or longer to resolve, and it is critical to have support and advice throughout the process while an attorney investigates the case and builds the best possible defense.
To evaluate a violent crime offense, a defense attorney must obtain all of the evidence. In Texas, it is the responsibility of prosecutors to provide the defense with all of the evidence relevant to the allegation and evidence tending to show that a person is innocent or less culpable. However, an effective attorney should also conduct his own investigation, including hiring investigators, experts and obtaining his own evidence.
A criminal case will be resolved by trial, dismissal, or plea agreement. Of course, the goal is a dismissal of the charge. However, if a case is not dismissed, then a defendant will have to choose between a plea agreement and trial. Properly and thoroughly advising a client of the best way to resolve a case is another important function of a violent crimes attorney.
In many cases, the best option will be to go to trial. The unfortunate reality is that many criminal defense attorneys are “plea attorneys” who are too inexperienced or lazy to take a case to trial. This is a huge disservice to criminal clients and when hiring a criminal defense attorney, one of the most important considerations relates to the attorney’s trial experience. It can be a huge mistake to hire a lawyer who is likely to pressure a person to take a plea, even when the plea is not in the client’s best interest.
What happens if a person who is not a citizen or is undocumented is charged with a violent crime?
When a person who is not a citizen or is undocumented is charged with a crime, the consequences can be especially severe. First of all, it is possible that a person who is not a citizen could be held in jail on an immigration hold. This means that even if the person is able to pay bond, they would not be released from jail and would instead be turned over to immigration authorities when the criminal case is resolved. Additionally, a person who is not a citizen could face immigration consequences in addition to the consequences of the criminal case.
Although Ceja Law Firm does not practice immigration law, we regularly work with some of the best immigration attorneys in Houston to ensure that our client’s immigration rights are protected from the consequences of a criminal arrest. Attorney Jose Ceja and his staff are fluent in Spanish and regularly assist the Hispanic community with criminal cases. Contact us today to represent you.
