Violent-crime defense in Texas turns on three things: justification (self-defense, defense of third person, defense of property), identification (eyewitness reliability, surveillance authentication), and chain-of-evidence (medical-record correlation, weapon recovery, scene preservation). The Texas Penal Code Chapter 9 justification framework — particularly the Castle Doctrine and the stand-your-ground statute — is one of the most defense-friendly in the country, and litigating it requires aggressive jury-charge work.
L and L Law Group, PLLC defends assault, aggravated assault, robbery, aggravated robbery, kidnapping, aggravated kidnapping, and murder cases across Collin, Dallas, Denton, and Tarrant counties. Reggie London's prosecutor background brings two-sided knowledge to plea negotiations and jury argument; Njeri London's motion practice anchors the suppression-driven defense in cases with custodial statements or warrantless searches.
Aggravated Assault Defense
Read more →Assault Defense
Read more →Kidnapping Defense
Read more →Murder Defense
Read more →Robbery Defense
Read more →Animal Cruelty Defense
Texas Penal Code § 42.092 cruelty to nonlivestock and § 42.10 dog fighting, with the parallel Chapter 821 civil seizure that often outruns the criminal case.
Read more →Organized Criminal Activity (EOCA)
Penal Code § 71.02 combination and criminal-street-gang prosecutions — Hart, Nguyen, and Zuniga combination-element defenses.
Read more →Protective Order Defense
Texas Family Code Chapters 81–82 protective-order hearings plus the post-Rahimi § 922(g)(8) firearm consequence — the 14-day window is decisive.
Read more →Texas aggravated robbery defense
Texas aggravated robbery under PC § 29.03 — 1st-degree felony (5-99 yrs/life
Read more →Texas arson defense
Texas arson under PC § 28.02 — intentionally starting fire/explosion to destroy property, a 2nd-degree felony (2-20 years
Read more →Texas assault bodily injury defense
Texas assault causing bodily injury under PC § 22.01(a)(1) — Class A misdemeanor (up to 1 year + $4K fine).
Read more →Texas capital murder defense
Texas capital murder under PC § 19.03 — a capital felony punishable only by death or life without parole under PC § 12.31. Frisco TX.
Read more →Texas criminally negligent homicide defense
Texas criminally negligent homicide under PC § 19.05 — a state-jail felony (180 days to 2 years + $10K fine). Frisco TX defense team. §.
Read more →Texas deadly conduct defense
Texas deadly conduct under PC § 22.05 — recklessly placing another in imminent danger (Class A misdemeanor) or knowingly discharging a.
Read more →Texas manslaughter defense
Texas manslaughter under PC § 19.04 — recklessly causing death, a 2nd-degree felony (2-20 years + $10K fine). Frisco TX defense team.
Read more →Texas self-defense in criminal cases
Texas self-defense under PC §§ 9.31-9.44 — Stand Your Ground, Castle Doctrine, defense of others, and property defense as affirmative.
Read more →Texas stalking defense
Texas stalking under PC § 42.072 — 3rd-degree felony (2-10 years TDCJ
Read more →Texas terroristic threat defense
Texas terroristic threat under PC § 22.07 — six-subsection grading from Class B misdemeanor to 2nd-degree felony. Frisco TX defense team.
Read more →Frequently Asked Questions
What is the difference between manslaughter and murder in Texas?+
Murder under Penal Code § 19.02 requires intentional or knowing causation of death (or commission of a dangerous act clearly evincing extreme indifference to human life). Manslaughter under § 19.04 is recklessly causing death — conscious disregard of a substantial and unjustifiable risk. The difference between life sentences and 2-to-20 year sentences turns on the mental-state proof at trial.
Does the Texas castle doctrine mean I can shoot anyone in my home?+
No — but it creates a presumption of reasonableness for the use of deadly force against someone unlawfully entering an occupied habitation, vehicle, or place of business. The § 9.32(b) presumption shifts the State's burden at trial. The user of force must still have been lawfully in the location, must not have provoked the other, and must not have been engaged in criminal activity beyond a Class C traffic offense.
Can I be charged with aggravated assault without a weapon?+
Yes. Penal Code § 22.02(a)(1) elevates assault to aggravated assault when serious bodily injury results, even without a deadly weapon. § 22.02(a)(2) elevates when a deadly weapon is used or exhibited — and a deadly weapon under § 1.07(a)(17) includes anything capable of causing death or serious bodily injury, including hands or feet in some appellate decisions.
How does the 3g list affect probation eligibility?+
CCP Article 42A.054 lists offenses for which a judge cannot place a defendant on community supervision: murder, capital murder, aggravated kidnapping, aggravated robbery, aggravated sexual assault, and others. A jury may still recommend community supervision for some 3g offenses, but the judge cannot grant probation on a 3g conviction without a jury recommendation.
What is "sudden passion" and how does it reduce punishment?+
Under Penal Code § 19.02(d), a defendant convicted of murder may attempt to prove at the punishment stage that he caused death "under the immediate influence of sudden passion arising from an adequate cause." If proven by a preponderance, the offense is punished as a second-degree felony (2–20 years) instead of first-degree (5–99 or life). Adequate cause means something that would commonly produce a degree of terror, anger, or resentment sufficient to render the mind incapable of cool reflection.
Can an assault case go forward if the alleged victim recants or will not testify?+
Yes. The State, not the complaining witness, controls the prosecution. An affidavit of non-prosecution is considered but is not binding, and prosecutors often proceed using 911 recordings, body-camera footage, photographs, medical records, and statements admitted under hearsay exceptions. A recantation still matters — it affects the weight of the evidence and the State’s trial calculus — but it does not end the case by itself.
Does Texas impose a duty to retreat before using force?+
Not when the statutory conditions are met. Penal Code §§ 9.31(e) and 9.32(c) provide that a person who had a right to be present, did not provoke the other person, and was not engaged in criminal activity has no duty to retreat before using force or deadly force — and the factfinder may not consider a failure to retreat. Each of those conditions is contested ground in real cases, which is where stand-your-ground arguments are actually won or lost.
What is deadly conduct under Texas law?+
Penal Code § 22.05 defines two versions: recklessly placing another person in imminent danger of serious bodily injury, a Class A misdemeanor, and knowingly discharging a firearm at or toward people, or at a habitation, building, or vehicle with recklessness about whether it is occupied — a third-degree felony. Danger is presumed when a firearm is knowingly pointed at another person, even if the actor believed it was unloaded.
How does a family-violence finding change an assault case?+
An affirmative finding under Code of Criminal Procedure art. 42.013 attaches permanently to the judgment. It triggers state and federal firearm bans, makes the case ineligible for non-disclosure, and converts a future assault against a family or household member into a third-degree felony under Penal Code § 22.01(b)(2). Many Class A assault pleas are taken without pricing in the finding's permanent collateral weight.
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What is texas violent crimes defense under Texas law?
Elements the State must prove
Every violent crime defense charge is built on statutory elements. The State carries the burden on each element beyond a reasonable doubt under Penal Code § 2.01. Defense work begins by identifying which element the State will struggle to prove on this case’s record.
- For murder under § 19.02: intentional or knowing killing of an individual.
- For capital murder under § 19.03: murder plus enumerated aggravating circumstance (multiple victims, victim under 10, peace officer, etc.).
- For manslaughter under § 19.04: recklessly causing death.
- For aggravated kidnapping under § 20.04: abduction with one of the statutory purposes (ransom, hostage, sexual abuse, etc.).
- For aggravated robbery under § 29.03: robbery plus serious bodily injury, deadly-weapon use, or threat to elderly/disabled person.
Penalty range matrix
The exposure on a violent crime defense case depends on the specific subsection, the alleged conduct, and any enhancement allegations. The table below captures the principal charge tiers we see.
| Offense | Statute | Level | Range |
|---|---|---|---|
| Murder | § 19.02 | 1st-degree felony | 5–99 years or life |
| Capital murder | § 19.03 | Capital | Life without parole or death |
| Manslaughter | § 19.04 | 2nd-degree felony | 2–20 years |
| Criminally negligent homicide | § 19.05 | State jail felony | 180 days – 2 years SJ |
| Aggravated assault (SBI or DW) | § 22.02 | 2nd-degree felony | 2–20 years |
| Aggravated robbery | § 29.03 | 1st-degree felony | 5–99 years or life |
| Aggravated kidnapping | § 20.04 | 1st-degree felony | 5–99 years or life |
| Robbery | § 29.02 | 2nd-degree felony | 2–20 years |
How the cases come up — hypothetical scenarios
These scenarios illustrate how violent crime defense charges arise in DFW criminal practice. They are illustrative only and do not describe any specific client or outcome.
- A defendant charged with murder where self-defense is asserted. Penal Code § 9.31 codifies the standard; presumptions under § 9.31(a)(2) apply in residence and vehicle contexts.
- A defendant facing capital murder charges where the State seeks the death penalty. Special-issues litigation at the punishment phase under CCP Article 37.071.
- A defendant charged with aggravated robbery in a vehicle. § 29.03(a)(2) deadly-weapon element disputes turn on what qualifies under § 1.07(a)(17).
- A defendant charged with manslaughter after a fatal traffic incident. § 19.04 reckless-causation analysis distinguishes from criminally negligent homicide under § 19.05.
- A defendant who acted in sudden passion arising from adequate cause. § 19.02(d) reduces murder punishment to second-degree felony range.
- A defendant with a co-defendant in a felony-murder posture. § 19.02(b)(3) liability turns on causation in the underlying felony.
- A defendant charged with aggravated kidnapping where the abduction occurred during a domestic dispute. Statutory defenses under § 20.04(d) apply where the conduct involved a relative and no harm was intended.
Common defenses
Violent Crime Defense defense draws on constitutional, statutory, and evidence-based theories. The mix of available defenses depends on the specific charge, the State’s evidence, and the procedural posture.
What to do if you’re charged — five steps
The first 72 hours after an arrest or charging decision shape the case. The five steps below are the framework our partners apply on every new violent crime defense retainer.
Statements made at the scene or at the station are routinely the State's strongest evidence. Photographic evidence and witness identification preservation are critical.
Capital and first-degree felony cases often involve denial of bond or extremely high bond. Pretrial detention review under CCP Articles 17.151, 17.153.
Defense investigator analyzes crime scene, witnesses, physical evidence, video, ballistics. Michael Morton Act discovery under CCP Article 39.14.
Ballistics, DNA, blood-pattern, accident reconstruction, mental-health (sudden passion, self-defense, insanity). Daubert-qualified experts under Texas Rule of Evidence 702.
Most violent-crime cases resolve through pre-trial negotiation; trial preparation includes voir dire, opening, expert testimony, lay testimony, and closing.
Collateral consequences
A conviction or even a deferred-adjudication finding can carry consequences beyond the sentence itself. The list below identifies the most common collateral exposures for violent crime defense matters.
- 3g offense status under CCP Article 42A.054 for most violent felonies — community supervision restricted, 50% parole minimum
- Federal firearm prohibition under 18 U.S.C. § 922(g)(1)
- Texas firearm prohibition under Penal Code § 46.04
- Loss of voting rights during sentence
- Federal SORNA registration for certain offenses
- Immigration — most violent felonies are aggravated felonies and crimes involving moral turpitude
- Civil-commitment exposure under Health & Safety Code Chapter 841 for sexually violent predator status
- Capital cases — habeas review under CCP Article 11.071 and federal § 2254
Related practice areas, calculators, and resources
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