San Antonio Violent Crimes Attorney

Texas Penalties for Violent Crimes

Violent crime convictions carry severe prison sentences, substantial fines, and lasting collateral consequences.

• Class A misdemeanor: Simple assault carries a maximum of one year in county jail and fines of $4,000 to $8,000. Assault family violence convictions result in firearms prohibitions.
• Third-degree felony: Deadly conduct, terroristic threats, and some assault cases carry a 2 to 10-year prison sentence and fines up to $10,000.
• Second-degree felony: Manslaughter, aggravated assault with serious injury, and robbery carry 2 to 20 years in prison and fines up to $10,000.
• First-degree felony: Aggravated robbery, aggravated kidnapping, and burglary of a habitation carry 5 to 99 years or life in prison and fines up to $10,000.
• Murder: This first-degree felony carries 5 to 99 years or life in prison and fines up to $10,000. Defendants face mandatory minimum sentences in some circumstances.
• Capital murder: This offense carries either life in prison without parole or the death penalty. Capital cases involve extended trials with separate guilt and punishment phases.
• Enhanced penalties: Prior felony convictions can double minimum sentences or trigger habitual offender laws that mandate life imprisonment. Use of a deadly weapon adds years to sentences.

Collateral Consequences

Beyond prison time, violent crime convictions create lifetime obstacles, including some of the following:

• Permanent criminal records visible to employers;
• Loss of voting rights and firearm ownership;
• Immigration consequences, including deportation for non-citizens;
• Difficulty obtaining housing;
• Negative consequences for your professional license;
• Ineligibility for many jobs and educational opportunities;
• Damaged personal and professional reputations that follow you indefinitely.

Defense Strategies for Violent Crime Cases

Every violent crime case presents opportunities to challenge evidence, protect your rights, and fight for your freedom.

• Self-defense and defense of others: Texas law allows the use of reasonable force to protect yourself or others from unlawful force. We establish that you reasonably believed force was necessary, that you didn't provoke the encounter, and that your response was proportional to the threat. Stand Your Ground laws eliminate any duty to retreat before using defensive force.
• Lack of intent: Many violent crimes require proof of specific intent. We challenge whether you intended the result, whether actions were accidental or reckless rather than intentional, and whether the state can prove the required mental state beyond a reasonable doubt.
• Mistaken identity: Eyewitness identifications are notoriously unreliable, especially in high-stress situations or poor lighting. We challenge identification procedures, present alibi evidence, and demonstrate weaknesses in the certainty of witnesses. Cross-racial identifications and identifications made under stress are particularly unreliable.
• Insufficient evidence: Prosecutors must prove every element of the offense beyond a reasonable doubt. We attack weaknesses in the state's case, identify missing evidence, and demonstrate that assumptions and speculation cannot substitute for proof.
• Illegal searches and seizures: Evidence obtained through unconstitutional searches cannot be used against you. We examine whether officers had proper warrants, whether searches exceeded constitutional limits, and whether consent was truly voluntary. Suppressing key evidence can result in charges being dismissed.
• False accusations: Violent crime accusations sometimes stem from revenge, custody battles, insurance fraud, or attempts to deflect blame. We investigate the accuser's motives, examine relationships among the parties, and identify evidence that contradicts the false claims.
• Constitutional violations: Statements obtained without Miranda warnings, through coercive tactics, or after you requested an attorney cannot be used at trial. We scrutinize every interrogation, challenge questionable police tactics, and fight to suppress illegally obtained confessions.
• Witness credibility issues: We examine witness statements for inconsistencies, investigate witness backgrounds and biases, and assess whether witnesses could have seen what they claim to have seen. Prior inconsistent statements and contradictions undermine credibility.
• Forensic evidence challenges: Medical examiner conclusions, DNA analysis, ballistics reports, and other forensic evidence require scrutiny. We consult independent professionals to challenge methodologies, question conclusions, and identify alternative explanations consistent with innocence.
• Accident defense: Some incidents resulting in injury or death are tragic accidents rather than crimes. We demonstrate a lack of criminal intent, show that the conduct wasn't reckless or negligent, and present evidence that the incident was unforeseeable.

Why Immediate Action Matters

Violent crime investigations move quickly, and early intervention can mean the difference between conviction and freedom.

• Preservation of evidence: Physical evidence degrades, surveillance footage gets deleted, and witnesses' memories fade. Starting your defense immediately preserves evidence that can prove your innocence or challenge the prosecution's theory.
• Witness interviews: Talking to witnesses before police contaminate their memories allows us to gather unbiased accounts. Once witnesses have been interviewed by detectives, their memories become shaped by law enforcement's theory of the case.
• Crime scene investigation: An independent investigation of crime scenes can reveal evidence police may have missed or failed to document. We examine scenes while the evidence is still fresh and take our own photographs and measurements.
• Self-defense claims: Texas law provides procedures for pre-trial hearings on self-defense claims that can result in dismissed charges before trial. These hearings require thorough preparation and immediate action.
• Bond considerations: Violent crime charges often involve high bonds or no bond at all. Early attorney involvement helps secure reasonable bond conditions and demonstrates to courts that you're taking the charges seriously.
• Media and public perception: High-profile violent crime cases attract media attention that can poison potential jury pools. Early intervention allows us to control the narrative and protect your reputation.

The Legal Process for Violent Crime Cases

• Investigation: Law enforcement often makes arrests based on limited evidence. Never speak to detectives without an attorney, even if you are innocent.
• Arrest and booking: After being processed at Bexar County Jail, exercise your right to remain silent. Any statements made to officers will be used against you.
• Magistrate hearing: Within 48 hours, a magistrate sets bond. An attorney can argue for reasonable conditions that allow you to maintain your job and family ties.
• Grand jury: This body determines whether there is sufficient evidence to support formal charges. Your attorney can present evidence to challenge the state’s case and aim to prevent an indictment.
• Arraignment: You will enter a formal plea. Most defendants plead not guilty to keep all defense options open while evidence is reviewed.
• Discovery: Your attorney gathers police reports, witness statements, and forensic data. This phase identifies flaws in the prosecution's case.
• Pre-trial motions: We file motions to exclude illegally obtained evidence or to dismiss charges. Success here can lead to reduced charges or a full dismissal.
• Plea negotiations: We explore settlement options with prosecutors while preparing for trial if the state refuses to offer a fair resolution.
• Trial preparation: We interview witnesses, consult forensic sources, and build cross-examination strategies to ensure a strong defense.
• Trial: Prosecutors must prove guilt beyond a reasonable doubt. We challenge their witnesses and present your defense during the proceedings.