Being charged with a crime is overwhelming and knowing the defenses is key to protecting yourself and your future. An affirmative defense is a legal strategy within criminal law where a defendant presents evidence to challenge the claims made by the prosecution. Defendants are often unsure of how to approach their cases and the legal system is confusing. However, when used correctly, they can reduce or dismiss charges altogether. Whether it’s self-defense, lack of intent, or mistaken identity the outcome is often dependent on the facts of your case.
In this post we will go over some of the most common defenses used in criminal cases, how each works, and how a criminal defense attorney in The Woodlands can help you build your case.
Types of Charges in Texas
Texas has many criminal laws and individuals can be charged with many different types of charges depending on the crime. A criminal act is any action that violates the criminal laws of Texas and can result in charges. These charges fall into categories and each has different penalties and consequences.
Misdemeanors
Misdemeanors in Texas are less severe than felonies but still serious. Misdemeanors are classified into three types: Class A, Class B, and Class C. Class A misdemeanors like assault causing bodily injury are the most serious and can carry up to 1 year in jail and substantial fines. Class B misdemeanors like first-time DWI can carry up to 180 days in jail. Class C misdemeanors like disorderly conduct usually carry fines only no jail time.
Felonies
Felonies are the most serious criminal charges in Texas. These are crimes like murder, sexual assault, and aggravated robbery. Felonies are further classified into degrees from state jail felonies to capital felonies. State jail felonies like theft of property between $2,500 and $30,000 can carry 180 days to 2 years in state jail. More serious felonies like first-degree felonies (e.g. aggravated sexual assault) can carry life or even the death penalty in capital felony cases.
Drug Charges
Drug charges are a common type of criminal charge in Texas and range from possession of controlled substances to drug trafficking. The severity of these charges depends on the type and quantity of the drug, prior convictions, and the intent behind the possession. For example, simple possession of a small amount of marijuana may be a misdemeanor, while trafficking large amounts of methamphetamine is a felony with severe penalties including long prison time.
DWI and DUI
Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) are serious criminal charges in Texas. A DWI is issued when a driver’s blood alcohol content (BAC) is 0.08% or higher. DUI charges are issued to minors who have any amount of alcohol in their system. Penalties increase with each subsequent conviction and can include jail time, fines, license suspension, and mandatory alcohol education classes.
Violent Crimes
Violent crimes are crimes like assault, robbery, and homicide. These are taken very seriously in Texas and the penalties range from long prison time to the death penalty depending on the crime. The use of a deadly weapon, intent, and the degree of harm to the victim are all factors that determine the charges and penalties.
Types of Criminal Defenses
In criminal cases, major criminal law defenses can make all the difference in the outcome of a trial. Legal defenses are integral in establishing reasonable doubt.
Self-Defense
Self-defense is commonly used, especially in violent crimes. It is based on the principle that individuals have the right to protect themselves if they believe they are in imminent danger of harm or death. Under Texas law, the defendant must prove that their actions were necessary to defend themselves or others from an unlawful threat or attack. This depends on the circumstances leading up to the event and whether the force used was proportional to the threat.
Lack of Intent
Lack of intent is used when the prosecution’s case is based on proving the defendant had a specific intent to commit a crime. Many crimes require the prosecution to prove the accused acted with deliberate intent. There can be arguments that the defendant acted under coercion or duress, meaning their actions were not voluntary due to lack of intent. By raising doubt about intent, the defense is trying to weaken the prosecution’s case.
Mistaken Identity
Mistaken identity argues the defendant was misidentified as the perpetrator of the crime. This often happens in cases where eyewitness testimony is the main evidence against the defendant. Human memory and perception can be unreliable and lead to false accusations. The defense may present alibi evidence, question the witness accounts, or introduce forensic evidence to show the defendant was not the person who committed the crime.
Navigating the System
The criminal justice system in Texas is complicated and overwhelming if you are charged. The criminal court is the legal environment where strategies are employed to create reasonable doubt. A criminal lawyer is key in guiding you through this process. Their experience can make all the difference between a good defense and a conviction.
Understanding the Legal Process
One of the main jobs of a lawyer is to educate clients on the process. From arraignment to trial, each step requires careful navigation. Legal terms and procedures can be confusing and clients may make decisions that harm their case without proper guidance. A good attorney makes sure clients are informed of their rights and the possible outcomes at each stage of the process.
Gathering Evidence
Gathering as much evidence as possible is key to a good defense. Defense attorneys look for evidence that will help their clients’ witness testimony, video footage, and forensic reports. They may also challenge the prosecution’s evidence, scrutinize police procedures, and question the credibility of witnesses. This investigative work is what creates reasonable doubt in the jury’s minds.
Building a Defense Strategy
Once the evidence is gathered the defense attorney develops a plan specific to the case. This may involve presenting evidence as part of an insanity defense, which requires proving that a mental health condition impeded the defendant’s ability to distinguish right from wrong at the time of the crime. This may involve presenting evidence as part of an affirmative defense strategy to challenge the prosecution’s claims. This may involve negotiating plea deals, filing motions to dismiss or preparing for trial. A good defense plan considers the strengths and weaknesses of the case, the laws applicable and the defenses available. Defense attorneys work with their clients to make sure the defense is solid and in their best interest.
Importance of Early Intervention
When charged with a crime time is of the essence. Hiring a defense attorney early on can make all the difference in the outcome of the case. Early intervention can help identify and address any constitutional violations that may have occurred. Early intervention allows for proactive legal action to get a better result.
Preventing Mistakes
Many defendants unknowingly make critical mistakes in the early stages of a case. From talking to police without an attorney to mishandling evidence these mistakes can be devastating. A defense attorney when hired early can advise clients what to say and do to protect their rights. This guidance will help avoid actions that can harm the defense later on.
Securing Evidence and Witnesses
The early involvement of a defense attorney allows for quick action to get important evidence and witnesses. Memories fade and physical evidence can be lost or destroyed over time. Defense attorneys can act fast to preserve video footage, get statements, and make sure all relevant evidence is obtained before it’s too late. This early evidence-gathering is key to a good defense.
Shaping the Narrative
From the beginning law enforcement and prosecutors start forming a story around the case. By hiring an attorney early the defense can shape how the case is viewed from the start. Defense attorneys can communicate directly with prosecutors, challenge initial assumptions, and present alternative theories that can lead to reduced charges or even dismissal before the case goes to court.
Consult With an Experienced Woodlands Criminal Defense Lawyer ASAP!
If you or a loved one are facing criminal charges, having the right legal team on your side is crucial. Hiring experienced criminal defense lawyers is essential to effectively challenge prosecution claims. At Cowboy Law Group, our team is committed to providing you with a strong defense and guiding you through every step of the legal process.
Contact us at 832-326-2932 today for a free case consultation!