Facing accusations of violent crimes in Texas can lead to severe consequences, including imprisonment, fines, probation, and a permanent criminal record. If you’re charged with a violent crime, it’s crucial to consult with an experienced criminal defense attorney promptly.​

Attorney Jose Ceja is Board-Certified in Criminal Law by the Texas Board of Legal Specialization. As a former prosecutor, Mr. Ceja has a deep understanding of how violent crime cases are investigated and prosecuted, allowing him to craft strong defense strategies for his clients. Recognized as a Texas Super Lawyer, he has successfully defended clients in countless violent crimes cases throughout the Houston area.

Common Violent Crimes in Texas

Texas law encompasses a range of violent offenses, from misdemeanor assaults to capital murder charges. Below are some of the most common violent crimes in Texas:​

  • Assault: Intentionally, knowingly, or recklessly causing bodily injury to another person, threatening someone with imminent bodily injury, or causing offensive physical contact. Assault is typically a Class A misdemeanor but can be elevated to a felony depending on factors such as the victim’s status or the defendant’s criminal history. 
  • Aggravated Assault: An assault becomes aggravated when it results in serious bodily injury or involves the use or exhibition of a deadly weapon during the commission of the assault. This offense is generally classified as a second-degree felony but can be enhanced to a first-degree felony under certain circumstances. ​
  • Domestic Violence (Assault-Family Violence): This involves committing an assault causing bodily injury against a person in a current or former dating relationship, family member, or household member. Assault-family violence is charged as a misdemeanor unless the assault results in serious bodily injury, involves strangulation, the use of a deadly weapon, or the defendant has a prior conviction for family violence. ​
  • Robbery: This offense occurs when, during the course of committing theft, a person intentionally, knowingly, or recklessly causes bodily injury to another or threatens or places another in fear of imminent bodily injury or death. Robbery is a second-degree felony. ​
  • Aggravated Robbery: A robbery becomes aggravated if the offender causes serious bodily injury, uses or exhibits a deadly weapon, or causes bodily injury to or threatens a person who is 65 years of age or older or a disabled person. Aggravated robbery is a first-degree felony. ​ 
  • Murder: Intentionally or knowingly causing the death of another person constitutes murder, a first-degree felony in Texas. Under the felony murder rule, a person can also be charged with murder if someone dies during the commission or attempted commission of a felony, other than manslaughter, and the person’s actions are clearly dangerous to human life. ​
  • Capital Murder: Certain circumstances elevate murder to capital murder, such as the murder of a peace officer or fireman acting in their official capacity, murder during the commission of specific felonies (e.g., kidnapping, burglary), or multiple murders. Capital murder is punishable by life imprisonment without parole or the death penalty. ​ 
  • Manslaughter: Recklessly causing the death of another person is classified as manslaughter, a second-degree felony. ​
  • Criminally Negligent Homicide: Causing the death of another person by criminal negligence is a state jail felony. ​
  • Kidnapping: Intentionally or knowingly abducting another person constitutes kidnapping, a third-degree felony. If certain aggravating factors are present, such as holding the person for ransom or using them as a shield or hostage, the offense can be elevated to aggravated kidnapping, a first-degree felony. ​
  • Terroristic Threat: Threatening to commit any offense involving violence to any person or property with the intent to cause a reaction by emergency services, place any person in fear of serious bodily injury, prevent or interrupt the occupation or use of a building, or cause impairment or interruption of public services is considered a terroristic threat. The classification ranges from a Class B misdemeanor to a third-degree felony, depending on the specifics of the threat. ​

Potential Penalties for Violent Crimes in Texas

The penalties for violent crimes in Texas vary based on the offense’s severity, circumstances, and the defendant’s criminal history. Below is a general overview of potential penalties:​

  • Class A Misdemeanor: Up to 1 year in county jail and/or a fine of up to $4,000.​
  • Third-Degree Felony: 2 to 10 years in prison and a fine of up to $10,000.​
  • Second-Degree Felony: 2 to 20 years in prison and a fine of up to $10,000.​
  • First-Degree Felony: 5 to 99 years or life in prison and a fine of up to $10,000.​ 
  • Capital Felony: Life imprisonment without parole or the death penalty.​

Defense Strategies for Violent Crime Charges

Defending against violent crime charges requires a comprehensive understanding of Texas law and the specifics of each case. Potential defense strategies include:​

  • Self-Defense: Arguing that the defendant used force to protect themselves from imminent harm.​ Depending on the facts, Texas law allows for a person to use non-deadly and even deadly force in self-defense.
  • Defense of Others: Claiming that the defendant acted to protect another person from immediate danger.​
  • Lack of Intent: Demonstrating that the defendant did not have the intention to commit the alleged crime.​
  • Mistaken Identity: Providing evidence that the defendant was not the person who committed the offense.​
  • Violation of Constitutional Rights: Showing that law enforcement violated the defendant’s rights during the investigation or arrest.​

Frequently Asked Questions (FAQ)

1. What should I do if I’m arrested for a violent crime in Houston?

If you’re arrested for a violent crime in Houston or anywhere in Texas, it’s crucial to remain calm and exercise your right to remain silent. Avoid discussing details of the incident with law enforcement without legal representation. Contact an experienced criminal defense attorney as soon as possible to protect your rights and begin building your defense.

2. What is the difference between assault and aggravated assault in Texas?

In Texas, assault involves intentionally, knowingly, or recklessly causing bodily injury to another, threatening someone with imminent bodily injury, or causing offensive physical contact. Aggravated assault includes additional factors such as causing serious bodily injury or using or exhibiting a deadly weapon during the assault, elevating the offense to a more severe charge.

3. Can I claim self-defense if charged with a violent crime?

Yes, Texas law allows for self-defense claims if you reasonably believed that force was necessary to protect yourself against another’s use or attempted use of unlawful force. However, specific conditions and limitations apply, so it’s essential to consult with a knowledgeable attorney to evaluate the viability of a self-defense claim in your case.

4. How does bail work for violent crime charges in Houston?

Bail is a financial assurance paid to the court to ensure your appearance at future proceedings. The amount depends on factors like the offense’s severity and your criminal history. There is a strong presumption to granting bail under the Texas Constitution. In some violent crime cases, bail may be denied depending on your criminal history. An attorney can advocate on your behalf to seek a reasonable bail amount or conditions.

5. What happens at a first-court appearance on a violent crime charge?

At a first court appearance at a violent crime charge in Houston, a judge will typically review your bond conditions (the rules you must follow while the case is pending). You will not be required to make a statement of any kind. It is extremely important that you clearly understand and strictly obey all of your bond conditions.

6. How long does it take to resolve a violent crime case in Houston?

The duration varies based on the case’s complexity, court schedules, and whether it goes to trial or is resolved through plea negotiations. In the Houston area, some violent crime cases may conclude in months, while others can extend over a year or more.

7. Can a violent crime conviction be expunged from my record in Texas?

Expunction eligibility depends on various factors, including the offense type, case outcome, and time elapsed since the conviction or dismissal. Some violent crimes may not be eligible for expunction, but other avenues like non-disclosure orders might be available. Consulting with an attorney can provide clarity on your specific situation.

8. Why should I hire a specialized violent crimes defense attorney?

Violent crime charges carry severe penalties and complexities. A specialized defense attorney has the expertise to navigate the legal system, develop effective defense strategies, and advocate for the best possible outcome in your case.

9. Can I receive probation for a violent crime in Texas?

Probation for violent crimes in Texas depends on the type of probation available and the offense charged. Regular probation (community supervision) allows a convicted defendant to serve their sentence under supervision instead of in prison. Deferred adjudication is another form or probation where the court defers a guilty finding, potentially avoiding a final conviction upon successful completion.

Judges cannot grant probation for serious violent felonies, including murder, capital murder, aggravated robbery, aggravated kidnapping, and any offense involving a deadly weapon. A jury may not recommend probation certain offenses including murder, if the defendant has prior felonies or if the sentence that is “probated” exceeds 10 years.

Since probation eligibility is complex and depends on laws in effect at the time of the offense, consulting an experienced criminal defense attorney is essential to determine if probation is an option in your case.

Immigration Consequences of a Violent Crime Conviction

If you are a non-citizen—whether you have a visa, green card, or are undocumented—a violent crime conviction in Texas can have serious immigration consequences, including deportation, inadmissibility, and denial of naturalization. Under federal immigration law, many violent crimes are classified as “crimes of moral turpitude” (CIMTs) or aggravated felonies, both of which can trigger removal proceedings.

Common violent offenses that may lead to deportation include:

Even if a violent crime conviction does not automatically result in deportation, it can still make you inadmissible—meaning you cannot re-enter the U.S. after leaving or cannot adjust your status to obtain a green card or citizenship.

At Ceja Law Firm, we do not directly handle immigration cases, but we work closely with immigration attorneys to ensure that your criminal case does not negatively impact your immigration status. If you are a non-citizen facing violent crime charges, our firm will collaborate with trusted immigration lawyers to develop a defense strategy that protects both your freedom and your ability to remain in the U.S.

Take Immediate Action – Contact a Board-Certified Houston Violent Crimes Attorney Today

A violent crime charge can put your freedom, future, and reputation at risk. With so much at stake, you need an aggressive, experienced, and Board-Certified criminal defense attorney on your side.

At Ceja Law Firm, we thoroughly investigate cases, challenge weak evidence, and fight for the best possible outcome—whether it’s a case dismissal, reduced charges, or a “not guilty” verdict at trial. Call Ceja Law Firm today at for a free consultation.