What are Violent Crimes in TX?
Violent crimes are difficult to resolve in Texas.
The definition seems simple. A violent crime is either a song by Kanye West or a crime that hurts someone. But it is not that simple. Assault and murder are clearly violent crimes. Tax fraud and prostitution are clearly nonviolent crimes. Many offenses, such as stalking and burglary, are in the middle. They don’t fit the classic violent crime definition. However, these crime victims often feel intimidated and violated. In other words, these crimes hurt these victims. Other offenses are potentially violent. Drug possession is an example.
In terms of punishment, the law doesn’t distinguish between violent and nonviolent crimes. The penalty for stealing a large amount of money is basically the same as the penalty for aggravated assault. The same basic principles also apply to violent and nonviolent crimes. For example, prosecutors must always establish every element of every offense beyond any reasonable doubt. Because the burden of proof is so high, a Fort Worth criminal defense lawyer is well-positioned to successfully resolve these matters. This resolution could be a not-guilty verdict at trial, a plea to a lesser included offense, or a greatly reduced sentence.
Pretrial Matters
Immediate jail release is always the first priority for defendants, their families, and Fort Worth criminal defense lawyers. Even a few days in jail, especially the sudden, involuntary confinement of arrest-related incarceration, usually causes a brain injury. Additionally, defendants cannot meaningfully participate in their own defenses if they’re behind bars.
Immediate jail release is almost impossible to obtain if the defendant is charged with a violent crime, particularly if the defendant has a criminal record. Usually, cash bail amounts are alarmingly high in these cases.
So, a lawyer must often schedule a bail reduction hearing. During this hearing, which usually takes place alongside the arraignment, the judge considers additional factors beyond the pending charges and prior record when setting bail. These factors include the defendant’s:
- Ability to pay,
- Connections with the community,
- Threat to witnesses, and
- Possibility of flight.
Once the defendant is out of jail, a full range of legal options are available. These options often include procedural violations, such as Fourth and Fifth Amendment violations, that reduce the amount of evidence the state can use at trial.
Trial
The “trial” in a criminal case is usually plea bargain negotiations. An attorney leverages the aforementioned defenses to obtain a more favorable plea bargain agreement. Charge reduction plea bargains, like aggravated assault to simple assault, are very common in violent crime cases.
If the two sides cannot reach an agreement, the case usually goes to trial. The two trial options (bench trial and jury trial) both have some pros and cons that defendants must carefully review with their attorneys.
Trial/plea hybrid options are also available, like a slow plea. The defendant pleads guilty, and a jury assesses punishment.
Post-Trial Matters
Expunction and record sealing is difficult, but not impossible, in violent and semi-violent criminal matters. Probation revocation proceedings, on the other hand, are almost inevitable.
Judges and probation officers impose harsh supervision conditions on violent offenders. Most probationers cannot go more than two or three months without violating at least one condition, even a technical one, like falling behind on fine payments.
Most probation revocation matters, like most violent crime cases, settle out of court. Frequently, the state agrees to drop the motion if the probationer serves a few days in jail as a condition of reinstatement. These planned jail terms are bad, but they aren’t as bad as the unplanned ones.
Frequently, an attorney also heads off probation revocation matters at the pass. Texas judges have almost unlimited discretion to modify the conditions of probation at any time. Usually, after the defendant serves a third of the term, the defendant is eligible for early discharge.
Count on a Tarrant County Criminal Defense Attorney
The violent crime criminal process is very complex. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whittaker. Virtual, home, and jail visits are available.