Category Archives: Criminal Defense
Can You Waive Your Right To A Jury Trial?
Everyone charged with a crime has the right to a trial by jury. This right is considered absolute under the Constitution. In other words, neither the judge nor the prosecutor can unilaterally take away your right to have your case heard by a jury. Of course, you can waive that right and elect to… Read More »
When Is Deadly Force Justified As An Act Of Self-Defense?
There are situations where an otherwise unlawful act, such as killing someone, may be legally justified. In Texas, a person may use force–even deadly force–when acting in self-defense. To be more precise, the Texas Penal Code recognizes a self-defense justification to a murder charge when the defendant “reasonably believed” their actions were “immediately necessary”… Read More »
Do Prosecutors Need An Eyewitness To Convict An Armed Robbery Suspect?
Aggravated robbery is how Texas law defines the crime of committing a robbery while using or exhibiting a deadly weapon. In other words, if someone pulls a gun on a store clerk and demands the contents of the cash register, that is aggravated robbery. This is a first-degree felony in Texas. So even if… Read More »
Can You Challenge A Photo Identification In A Criminal Case?
Police often use lineups or photo arrays to help potential witnesses to a crime identify a suspect. Such pretrial identifications are generally admissible as evidence in court unless the police used a procedure that was “impermissibly suggestive” to the point where there was a “substantial likelihood of irreparable misidentification.” In other words, if the… Read More »
Does Assault Require Proof Of Injury?
A common misconception is that assault requires proof of a physical injury. But if you read the specific language of the Texas Penal Code, you will find that is not always the case. Assault can be defined as the intentional, knowing, or reckless causing of “bodily injury” to another person. But it also covers… Read More »
How Fabricating Evidence Can Land You In Serious Legal Jeopardy
If you know that you are under investigation for a possible crime, the one thing you should never do is try and destroy or alter the evidence. Indeed, even if you are never charged with the crime under investigation, the act of tampering with–or fabricating–physical evidence is itself a criminal act under the Texas… Read More »
What Is “Felony Murder”?
If someone asked you to define the term “murder,” you might respond that it is the “intentional killing of another human being.” And while this is one definition of murder, it is also possible to legally commit murder without forming an intent to kill. In fact, the Texas Penal Code provides three separate definitions… Read More »
What Happens If A Juror Tries To Recant A Vote To Convict A Defendant?
In criminal cases, a jury must reach a unanimous verdict. The jury’s deliberations are also secret. No third party is allowed to try and influence the jurors once their deliberations have begun. But what if a juror feels pressured or bullied by their colleagues to reach a guilty verdict? Can that justify undoing a… Read More »
What Is Considered A “Deadly Weapon” Under Texas Law?
Many criminal offenses are charged more severely if the defendant used a “deadly weapon.” For example, Texas law defines robbery as a second-degree felony when someone commits a theft, and while doing so “intentionally, knowingly, or recklessly causes bodily injury to another.” But if the robber used or exhibited a “deadly weapon” in the… Read More »
What Are The Penalties For Failing To Register As A Sex Offender In Texas?
A criminal sentence does not necessarily end when the defendant is released from jail. As you probably know, many criminal sentences also include a term of probation. And if the defendant was convicted of certain sex-related offenses, they may be required to register as a “sex offender” for the rest of their life. The… Read More »
