Criminal charges involving harm or the threat of harm to another person are among the most serious offenses under Texas law. These cases can result in severe penalties, as well as lasting effects on your record and reputation. If you or someone you know is facing charges in this category, understanding what “crimes against the person” means is an essential first step.
Crimes against the person generally involve acts of violence, the threat of violence, or other conduct that affects someone’s physical safety or sense of security. Learning how Texas defines these charges can help you better understand the situation and what you may be up against.
What Are Crimes Against the Person Under Texas Law?
Texas law classifies many offenses as crimes against the person. Generally speaking, these cases involve conduct that injures or otherwise harms another human being. The criminal justice system treats these types of crimes seriously because they directly impact a person’s physical safety and well-being.
Crimes against the person often include:
- Assault and aggravated assault
- Domestic violence offenses
- Homicide, including manslaughter and murder
- Kidnapping and unlawful restraint
- Sexual assault and related sex offenses
- Threats or intimidation that place someone in fear of harm
These offenses can vary substantially in terms of their required level of legal definition and punishment. Some charges may be classified as misdemeanors, while others are always felonies, carrying long prison sentences.
How Are These Crimes Investigated and Charged?
When law enforcement receives a report of harm or a threat of harm, the investigation usually begins immediately. Officers will interview the individuals involved, collect statements from witnesses, and review any physical or digital evidence.
Once the police complete their investigation, the case is turned over to prosecutors. They will decide whether the evidence supports filing criminal charges and, if so, what charges are appropriate. Prosecutors must also review whether the conduct meets the legal elements of the offense, including the mens rea and actus reus components.
Prosecutors often take an aggressive approach in these cases because the stakes are relatively high. This makes it especially important to understand the specific allegations and how the state intends to prove them.
What Are the Penalties for Crimes Against the Person in Texas?
The potential penalties for crimes against the person cases vary depending on factors such as the level of harm involved and whether the accused has a prior criminal history. Felony crimes against the person can result in years of imprisonment, while misdemeanor charges are more likely to involve shorter jail sentences and probation.
Overall, some of the consequences may include:
- Incarceration
- Heavy court fines
- Probation/community supervision
- Protective orders
- Required counseling or treatment
- A permanent criminal record
A conviction can also carry collateral consequences, such as difficulty finding housing or employment. In some cases, these consequences can actually begin even before a conviction is secured.
Enhancements and Aggravating Factors in Texas Crimes Against the Person
Many crimes against the person in Texas can be elevated to more serious charges based on certain facts. These “enhancements” can change the level of the offense and significantly increase the potential penalties.
For example, an assault charge may be enhanced if the alleged victim is a family member or someone performing official duties. For instance, the involvement of a weapon can elevate a case to a felony.
However, note that these enhancements are not automatic. The state must prove them to a high degree, and your defense attorney can help you fight back and refute evidence where possible.
How Can I Defend Myself if I’ve Been Charged With a Crime Against the Person?
Being accused of harming another person does not mean you are guilty. In Texas, the state must prove every element of the charges beyond a reasonable doubt. A successful defense strategy may focus on challenging the evidence, identifying legal weaknesses in the state’s case, and presenting your side of the story effectively, depending on the facts of the case.
A criminal defense attorney may help by:
- Reviewing the evidence: examining police reports, videos, statements, and physical evidence
- Investigating the incident: interviewing witnesses and looking for inconsistencies
- Evaluating defenses: considering issues like self-defense, mistaken identity, or lack of intent
- Challenging unlawful police conduct: ensuring your rights were respected during any searches and questioning
- Negotiating with prosecutors: seeking reduced charges or alternative resolutions where possible, as the law permits
- Preparing for trial: gathering evidence and formulating arguments and strategies on your behalf
Ultimately, the right defense or defenses will depend on the unique facts and circumstances of your particular case.
Contact Cofer Luster Criminal Defense Lawyers to Schedule a Consultation With a Fort Worth Criminal Defense Attorney
If you are facing charges involving harm or threatened harm to another person, legal representation is essential. Crimes against the person are taken seriously under Texas law, and the penalties can be severe. A knowledgeable Fort Worth criminal defense attorney can investigate what happened and, from there, work to protect your legal rights and interests throughout the process.
Contact Cofer Luster Criminal Defense Lawyers today at 682 777 3336 for an initial consultation.
