Violent crimes involve the intent to cause harm, or actual physical harm, to an alleged victim. Due to their more extreme nature, are violent crimes always charged as felonies? Let’s discuss potential penalties for violent crimes in Texas.
Misdemeanor vs. Felony Violent Crimes
Not all violent crimes are felonies. In fact, several violent crimes are classified as misdemeanors, depending on the circumstances and severity of the incident. Common misdemeanor violent crimes include:
- Simple Assault: This involves causing bodily injury to another person, threatening them with imminent harm, or engaging in offensive physical contact. As long as the injury is minor and there are no aggravating factors, this offense typically remains a misdemeanor.
- Simple Battery: Similar to simple assault, simple battery involves the intentional infliction of physical harm. It remains a misdemeanor unless it results in significant injury or involves a vulnerable victim.
- Domestic Violence: When domestic violence does not result in serious injury and lacks aggravating factors, it is often charged as a misdemeanor. However, the presence of a weapon, serious injury, or previous convictions can elevate it to a felony.
These crimes will generally remain misdemeanors as long as there are no aggravating factors. For example, if any of these offenses cause someone to suffer serious injury or death, the defendant will likely face felony charges.
Felony violent crimes are more severe and carry heavier penalties. Some common examples include:
- Murder: The intentional killing of another person is one of the most serious violent crimes and is always charged as a felony.
- Attempted Murder: Even if the victim survives, an attempt to take someone's life is considered a felony due to the severity of the intent and actions involved.
- Aggravated Assault: This involves causing serious bodily injury to another person or using a deadly weapon during the assault. Aggravated assault is classified as a felony due to the potential for significant harm or death.
Felony Penalties in Texas
Felony charges are significantly more severe than misdemeanor penalties.
The degree classification of the charge will determine penalties for felony crimes:
- Capital Felony: life in prison or the death penalty
- First-Degree Felony: 5-99 years in prison
- Second-Degree Felony: 2-20 years in prison
- Third-Degree Felony: 2-10 years in prison
- State-Jail Felony: 180 days to 2 years in prison
What To Do If You’re Facing Violent Felony Charges
If you are facing violent felony charges, the first and most critical step is to find an experienced defense attorney to help you with your case. Violent crimes are especially challenging to defend because the jury, judge, and prosecutors are unlikely to go easy on the defendant. You need to work with an attorney who has represented other individuals facing similar charges because the attorney will know what it takes to get the best possible outcome.
An experienced attorney can help you in various ways, including:
- Investigating the Incident: Your attorney will thoroughly investigate the circumstances of the crime, gather evidence, and identify any potential weaknesses in the prosecution's case.
- Building a Strong Defense: Based on the findings, your attorney will craft a defense strategy tailored to your case. This might involve challenging the evidence, presenting alibis, or highlighting procedural errors.
- Negotiating Plea Deals: In some cases, negotiating a plea deal might be in your best interest. An experienced attorney can work with the prosecution to secure a lesser charge or reduced sentence.
- Representing You in Court: If your case goes to trial, having a skilled attorney to represent you is crucial. They will present your case, cross-examine witnesses, and strive to achieve the best possible outcome.
Contact Our Austin Violent Crimes Defense Attorneys
Our team at Smith & Vinson Law Firm is experienced at handling complex felony cases. We look into every detail of the case to ensure we are crafting the best defense possible for our clients.