For every crime committed in the state of Texas comes along a penalty for engaging in the act. Citizens of the state are expected to know what they can and cannot do and are subjected to the consequences of their actions, even if they didn’t know they actually committed a crime. When a person if faced with a criminal charge, they get the opportunity to present their case in front of a judge where they plead their defense. This is the time when a defendant discusses:
- Why they committed the crime?
- What led them to engage in such an act?
- Any influences that caused the crime to be committed.
In this type of situation, it is important that you have a Texas criminal defense attorney representing you who will not only prepare you for this, but can speak on your behalf to a certain extent. A courtroom along with all the other occupants inside is intimidating and overwhelming and you need to be ready to handle this and more. You could be interrogated and required to respond before a verdict is reached and you want this of course to be in your favor.
Therefore, if you are facing a criminal charge for battery, robbery, drug possession, etc., we want you to reach out to us today before it is too late. You have the right to legal counsel and we suggest you take advantage of this immediately. Our featured defense lawyers in Texas are dedicated and aggressive and will fight for your charges to be reduced or charged at the minimum penalty. Without legal counsel, you risk being charged with the maximum penalties and may not be able to support your claims as well as our attorneys can.
What Constitutes as a Defense to a Crime in Texas?
When a person is charged, they generally plead their defense for committing a crime. For instance, if someone was facing a conviction for assaulting someone, they could say they acted in self-defense. To help you gain a better understanding of what the justice system in Texas accepts or doesn’t as a defense, below is an explanation of some that are acceptable and others that are not.
According to Section 8.01 of the penal code of the state of Texas’ justice system, “It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.”
Mistake of Fact
As per Section 8.02. “It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.”
Mistake of Law
According to Section 8.03. (a), “It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.”
Voluntary intoxication does not constitute a defense to the commission of crime.
Looking for Legal Advice or Guidance?
If you are unclear as to how you want to plead your defense, our criminal defense lawyers are more than capable of helping you with this. In fact, it is always advisable that you hire legal counsel the minute you learn you have been charged with a crime so they can begin gathering all the necessary paperwork to support your case.