The state of Texas has various laws in place regarding all types of violent crimes. In many cases, these charges can bring about some of the most devastating consequences. That is why if you are someone who is facing violent crime charges of any kind, you will need an experienced Texas criminal defense attorney on your side. Below, we have compiled a guide of various violent crimes, their consequences, and some examples of how our firm can help you defend yourself against them. Please continue reading and reach out to our knowledgeable San Antonio Violent crimes attorneys to learn more about your charges and how we can fight for your rights.

How does Texas law define a violent crime?

The U.S. Code states that a crime of violence is a felony and either involves the use, attempted use, or threatened use of physical force against the person or property of another, or, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. That being said, the Texas Code of Criminal Procedure §59.01(C)(3) defines a “crime of violence” as any criminal offense defined in the Penal Code or in a federal criminal law that results in a personal injury to a victim; or an act that is not an offense under the Penal Code involving the operation of a motor vehicle, aircraft, or water vehicle resulting in injury or death in an accident caused by a driver in violation of Section 550.021, Transportation Code.

What is the difference between assault and battery? (Texas Penal Code Sec. 22.01.)

Assault, by Texas law, is when one person threatens another with imminent bodily injury. Battery, on the other hand, involves the actual physical harm of another person. Because of this, battery charges are often far more severe than simple assault charges. Furthermore, both battery and assault can occur at varying levels and will result in varying consequences, depending on the circumstances of the alleged crime in question.

What happens if I am charged with assault in Texas?

There are three types of felony assault in Texas. They are broken down into categories based on their severity. They are as follows:

• 3rd Degree Felony: A third-degree felony is defined as an act committed against a person with whom the accused has a domestic relationship, a public servant that they know while that person is on duty, a person who contracts for family services within the government, an on-duty security officer, or a member of emergency services while they are on the job. If convicted of a third-degree felony, you may face up to 10 years of imprisonment and a potential $10,000 fine.
• 2nd Degree Felony: A second-degree felony is defined as an act committed against a person with whom the accused has a domestic relationship, or if the accused has been previously convicted of a similar crime against someone with whom they have a domestic relationship. Any act involving choking or suffocation is also considered a second-degree felony. For a second-degree felony, you may face anywhere between 2 years and 20 years in prison, as well as a maximum fine of $10,000.
• 1st Degree Felony: A first-degree felony is considered “aggravated assault” and occurs against anyone with whom the accused has a domestic relationship, or a public official, emergency worker, security guard, informant, witness, or police officer. An aggravated assault either results in a serious injury, or is an assault involving a weapon. If convicted, you may face anywhere from 5 years to life in prison, as well as a significant fine.

To learn more about aggravated assault charges in Texas, simply click the video below to hear from one of our experienced San Antonio criminal defense attorneys.

What factors may result in an upgraded charge?

Of course, no two crimes are the same. Because of this, there are several aspects of any given crime that may drastically impact the severity of the charges an individual faces. For example, courts will examine if whether a weapon, such as a handgun or a knife was used in the commission of a crime. Additionally, they will consider the severity of the injuries sustained by the victim. You should also note that if you have a prior criminal record or a history of violent behavior, the courts will most likely take that into account as well. Since there are several factors involved in determining the consequences of any given charge, you will need a San Antonio criminal defense attorney who can best apply his extensive knowledge of the law to your specific case.

Will I go to jail for manslaughter in Texas?

Manslaughter is different from murder or homicide because it lacks an element of premeditation, meaning you allegedly killed someone through an act of reckless disregard. Texas recognizes both intoxication manslaughter and vehicular manslaughter. If you are convicted of manslaughter in Texas, you will most likely face a second-degree felony, which can result in anywhere between 2 and 20 years of imprisonment, and you may also face a potential  $10,000 fine.

To learn more about intoxication manslaughter charges, click the video below.

What happens if I am charged with domestic violence in Texas?

Domestic violence charges are extremely serious. You may face these charges if you are accused of any of the following:

• Knowingly, intentionally, or recklessly causing bodily harm to a party with whom you have a domestic relationship
• Knowingly or intentionally threatening imminent bodily harm to someone with whom you have a domestic relationship
• Knowingly or intentionally causing physical contact to a third party that would offend the alleged victim

If you are charged with doing any of the aforementioned to someone with whom you have a familial, romantic, or household relationship, it is considered domestic violence. A domestic violence conviction can range from a Class C misdemeanor to a felony of the first degree. A first-degree felony may warrant anywhere from 5 to 99 years of imprisonment, as well as a potential $10,000 fine. Courts will consider several factors when determining the penalties you face, including the relationship you had with the alleged victim, whether you have any past domestic violence convictions, and whether strangulation or suffocation was involved in the alleged act of abuse.

Can I defend myself against a domestic violence charge?

Depending on the circumstances of your case, there are several potential defenses to domestic violence charges. For example, our firm may claim that you did not realize you were doing something wrong, that the alleged act of abuse was unintentional, that the act was committed in self-defense, or that you are simply being wrongly or falsely accused of domestic violence.

If you are innocent and your domestic partner is wrongly accusing you of a crime, click the video below to learn more about what you should do if you are innocent, yet the police suspect you of committing a crime.

How long will I go to jail for arson in Texas? (Texas Penal Code Section 28.02)

Texas law defines arson as a criminal offense where an individual intentionally sets fire to any property, open land, structure, or building in any of the following scenarios:

• The property is subject to a security interest or mortgage
• Another person’s property is inside the structure
• The property is owned by another individual
• The property is insured against destruction or damage
• The offense is committed with recklessness and utter disregard for another person or their property

If you are convicted of arson, you may face a second-degree felony, which can result in up to 20 years in jail, as well as a $10,000 fine. However, if you physically harmed another person in committing the crime, you may face a first-degree felony, which can result in a far longer jail sentence. If you are facing felony arson charges, you absolutely need the assistance of an experienced San Antonio criminal defense attorney to have your charges mitigated, or, in some cases, dropped altogether.

What is the difference between burglary and robbery? (Texas Penal Code Section 29.02(a))

In Texas, burglary is defined as entering private property without the owner’s consent with the intention of committing a felony, theft, or assault. This law also applies to both vehicles and coin-operating machines. That being said, you do not have to successfully commit the crime in question to receive a burglary charge; all that matters is whether the plaintiff can prove that you intended to commit a crime. Burglary charges are felonies, and can range from state jail felonies to first-degree felonies. If you are convicted of a burglary, you may spend years in prison.

Robbery, on the other hand, is a second-degree felony and is defined as the intentional, knowing, or reckless cause of bodily harm to another. Robbery can also be defined as the threat of bodily harm to the victim or the fear of bodily harm by the victim. If you are convicted of robbery, you will spend anywhere from 2-20 years in prison and may face a $10,000 fine.

What is the difference between robbery and armed robbery in Texas?

As previously stated, robbery is defined as the intentional, knowing, or reckless cause of bodily harm to another, or the threat thereof. Armed robbery, or aggravated robbery, is when someone uses or exhibits a deadly weapon, the victim of the assault was disabled (physically, mentally, or developmentally) or the victim of the assault was over 65 years old. If you are convicted of aggravated robbery, you are facing a first-degree felony, which can result in anywhere from 5 years in prison to life in prison, as well as a $10,000 fine.

Can I go to jail for identity theft in Texas? (Penal Code Ann. § 32.51)

The Texas Penal Code Ann. § 32.51 states that it is identity theft when an individual intends to harm or defraud another person and obtains, possesses, transfers, or uses:

• Another person’s identifying information without their consent
• A person’s identifying information who is younger than 18 years old.
• Any deceased person’s information that would be identifying if they were alive

If you are convicted of identity theft in Texas, you may face either a state jail felony, a felony of the third degree, a felony of the second degree, or a felony of the first degree, depending on the number of pieces of identifying information you allegedly stole. These felonies can land you in jail for years, and you may also have to pay substantial fines if convicted.

Will I go to jail for sexual assault in Texas? (Penal Code, Sec. 22.011.)

In Texas, sexual assault is defined as the absence of consent, or any sort of physical violence or threat made against a victim. Under certain circumstances, an act of sexual assault can be upgraded to aggravated sexual assault, which means even harsher consequences. Aggravated sexual assault is defined as the infliction of serious bodily injury to a victim, death, fear of death, kidnapping, the use of a deadly weapon, the use of a “date rape drug,” or if the victim was younger than 14 years of age, elderly, or disabled. Depending on the severity of your crime, you will most likely go to jail for years upon conviction, if not for life. Sexual assault permits between 2 and 20 years of incarceration, as well as a potential $10,000 fine. Aggravated sexual assault calls for anywhere between 5 and 99 years, or life in prison, as well as a potential $10,000 fine.

To learn more about sexual assault charges in Texas, simply click the video below.

Can I defend myself against a sexual assault charge?

With the help of an experienced Texas criminal defense attorney, you do stand a chance at fighting a sexual assault charge. Though the defense we use largely depends on the circumstances of your case, we may use the following defenses to prove your innocence:

• Lack of intent
• Lack of knowledge
• Insanity
• You had the alleged victim’s consent

What are the consequences of obtaining a criminal record?

If you obtain a criminal record, you will be subject to various consequences that may change your life forever. For example, with a criminal record, you may not be able to get certain jobs, take out certain loans, or even live in certain areas/rent certain housing. If you are a non-citizen, a criminal record may even be grounds to have you deported from the country. That is why it is so important you reach out to an experienced Texas criminal defense attorney who is dedicated to keeping you out of jail and free from the lifelong burdens of a criminal record. Our firm is also adept at handling cases relating to serious drug crimes, gun crimes, and white-collar crimes. No charges are too heavy for us to fight.

Contact our experienced Texas criminal defense attorneys

The bottom line is that obtaining any sort of criminal record can drastically affect your life. That being said, violent crimes are considered extremely heinous in the eyes of the courts, which is why if you have been charged with one, you cannot afford to wait another day–you must reach out to our knowledgeable, aggressive team of San Antonio criminal defense attorneys today to learn more about how we can help you through every step of the legal process ahead. If you need someone who will truly fight for your rights, every step of the way, then look no further–contact the Law Offices of Carrol & Hinojosa, PLLC today.