Crimes Of Violence: Homicide, Assaults And Prohibited Weapons

Violent crimes carry severe penalties. Many allegations begin with disputes among people that love each other, adding an emotionally charged element to the proceedings. Other cases involving the loss of life, or cases that result in serious bodily injury, were simply tragic accidents that are unintentional and unforeseeable.

It’s not unusual for a neighbor or other third party to “report something to the police,” and once an investigation starts there is no way for a civilian to simply “drop the charges.” There is nothing more complicated in criminal law than understanding how, so often, good people get charged with bad things, particularly so-called “assaults” involving members of a household.

There Is No Such Thing As Dropping The Charges

A common mistake that ordinary people have about “domestic violence” is that the accuser (spouse, girlfriend, relative, visitor, neighbor) has authority to “drop the charges” on request. Not true. Most District Attorney Offices have a zero-tolerance policy and will force the “victim” to testify, or will proceed with other evidence regardless of the so-called victim’s wishes or request.

Sometimes the charges are false. Sometimes they are mostly false and grossly exaggerated. Sometimes it’s an accident or mistake, and there was no “criminal intent.” Many defendants have a story to tell and can explain what really happened. Our job is to prepare and present the truth from our clients’ point of view.

The Impact Of Firearms On Penalties

Possession of firearms (and other weapons) often results in prosecution when the client truly believes that he is totally innocent. For example, other lawyers may have told a person that if they complete “probation” their criminal record is automatically expunged. Not true. A former felony probationer may be a “felon in possession” and prosecuted under several different statutes. The use of a weapon to commit a federal offense is punishable by an extra five years.

As conduct becomes more aggravated, the punishment increases. The Texas Penal Code ranks violent crimes as follows:

• Assault without weapon or injury
• Aggravated assault
• Attempted homicide
• Family violence
• Assaults involving a member of the household
• Negligent homicide
• Involuntary manslaughter
• Voluntary manslaughter
• Homicide
• Capital homicide
• Life without parole
• Death penalty

Firearms and prohibited weapons often increase the time a person must serve before release.

Frequently Asked Questions About Crimes Of Violence

Below, our attorneys have provided straightforward explanations to concerns from clients facing allegations of violent offenses.

Can I be charged with assault if no one was seriously injured?

Yes, you can be charged with assault in Texas even if the victim was not seriously injured. Under the Texas Penal Code, assault is defined as:

• Intentionally or knowingly causing imminent bodily injury to another person.
• Intentionally or knowingly threatening someone that you may hurt them.
• Intentionally making physical contact that is offensive to another person.

Here is how your actions can be defined as assault in Texas:

• Assault by contact (Class C Misdemeanor): Touching someone in a way that is offensive or provocative. For example, poking them in the chest.
• Assault by threat (Class C Misdemeanor): Threatening another person with imminent bodily injury. For example, raising a fist to cause fear.
• Assault causing bodily injury (Class A Misdemeanor): The victim felt pain, even if no visible bruise.

At Mallett Saper LLP, a certified criminal defense lawyer can assess the case and protect your rights.

Should I give a statement to “clear things up,” and what are the risks?

No. You should avoid giving statements without first seeking guidance from an experienced criminal defense attorney. Attempting to make statements can carry severe risks, such as:

• Your words can be twisted or misinterpreted.
• Minor inconsistencies can be fatal, especially if you forget a detail.
• You might admit to elements of the crime.

You have a constitutional right to remain silent and a right to an attorney after an arrest, protected by the Fifth Amendment and Texas law.

What is the difference between murder and capital murder in Texas?

In Texas, murder is a first-degree felony, defined as intentionally or knowingly causing the death of another person, or causing someone’s death while committing a felony. Convictions carry prison terms ranging from five to 99 years or life imprisonment.

On the other hand, capital murder is a far more serious offense. It applies when:

• The victim is a peace officer, fireman or security guard acting in an official capacity.
• Committing a murder during certain felonies, such as kidnapping.
• Killing more than one person in the same criminal transaction.
• Murdering a child under 10 years old.
• Hiring or being hired to commit murder.
• Killing someone while in prison.

A capital felony is punishable by life without parole or the death penalty.

Contact The Attorneys At Mallett Saper LLP

If you have been charged with a violent crime, schedule a consultation with the Houston attorneys at Mallett Saper LLP. Call 713-423-6769 or fill out our online contact form.