Angleton Violent Crime Lawyers

A Strong Defense Is Built on Details

When representing clients in violent crimes, Attorney Jeff Gilbert carefully reviews the evidence in your case, employing a private investigator, a forensic expert, or other professionals when necessary to develop additional evidence. Surveillance video, eyewitness testimony, and other information may provide critical evidence to clear your name.

As a former Harris County prosecutor, Jeff understands how to analyze the strengths and weaknesses of the prosecution’s case. He also takes every opportunity to use procedural motions to challenge the admission of evidence and to undermine the prosecutor’s assertions.

Understanding Your Options in Violent Crime Charges

For many types of charges, the severity of the charge and the possible penalties vary. Whenever possible, we attempt to obtain a dismissal of the charge as it stands or to convince the prosecutor to reduce the charge to one with lesser penalties.

Our attorney can explain the legal issues in your case and your options. We can then rigorously pursue your goals and fight for your desired outcome, which could be a dismissal of the charges, a negotiated plea to a lesser charge, or a not-guilty verdict at trial.

We ask essential questions that may reveal solid defense options:

• Were you defending yourself?
• Were you defending someone else?
• Were you falsely arrested?
• Were you provoked by the aggressor?

We take the time necessary to thoroughly investigate every detail of your case and build a strategic defense. 

Texas Penalties for Violent Crimes

In Texas, violent crimes can result in life-changing penalties. The specific penalties depend on the nature and severity of the crime and any aggravating factors. 

Generally, violent crime convictions result in prison sentences ranging from several years to life imprisonment. For instance, assault charges can range in severity from a Class A misdemeanor, with potential penalties of up to a year in jail and fines, to a second-degree felony for aggravated assault, which carries a punishment of two to 20 years in prison. 

Additionally, serious offenses, such as capital murder, can result in a life sentence or the death penalty.

Assault & Battery in Texas

In Texas, the terms "assault" and "battery" are often used interchangeably, but legally, Texas does not have a separate charge for "battery." Instead, what might be traditionally considered "battery" in other jurisdictions is encompassed under the broader term "assault." Texas Code Chapter 22 outlines assault. 

Assault (Texas Penal Code § 22.01): This involves intentionally, knowingly, or recklessly causing bodily injury to another person, threatening another person with imminent bodily injury, or causing physical contact with another that the individual knows or should reasonably believe will be regarded as offensive or provocative. 

Prosecution of Assault

Assault charges can vary in severity based on the circumstances and the relationship between the involved parties as follows: 

• Class C misdemeanor assault: Offensive or provocative physical contact carrying a fine of up to $500.
• Class A misdemeanor assault: Causing bodily injury to another person punishable by up to a year in jail and a fine of up to $4,000.
• Aggravated assault (Texas Penal Code § 22.02): Causing serious bodily injury or involves the use or exhibition of a deadly weapon, charged as a second or first-degree felony. Second-degree felonies are punishable by two to 20 years in prison and a fine of up to $10,000. First-degree felonies can carry five to 99 years in prison and fines up to $10,000 (if committed against specific individuals like a public servant).

Manslaughter vs. Murder in Texas

The legal distinctions between manslaughter and murder in Texas hinge on the intent and circumstances surrounding the act. Murder is defined as intentionally causing the death of another person or acting with extreme indifference to human life, resulting in death. In Texas, murder is classified as a first-degree felony, carrying a penalty of five to 99 years in prison or life imprisonment. 

Conversely, manslaughter is classified as a second-degree felony and occurs when someone causes the death of another person without premeditated intent. This often happens when the individual acts in a sudden passion or is under provocation. The penalties for manslaughter range from two to 20 years in prison.