Houston Violent Crimes
Texas is known for prosecuting violent crimes. If you are charged with a crime, time is of the essence.
Make no mistake, the deck is stacked against you. Aside from the possibility of going to jail, a misdemeanor or felony conviction can affect your professional license, livelihood, immigration status, and relationships.
Call or email today to schedule your free consultation and learn more about Texas violent crimes.
At the Law Office of Matt Tyson PLLC, we explain the strengths and weaknesses of your case, provide conscientious advice, and argue passionately when issues concerning your life, money, and loved ones are on the line. Many attorneys spend little to no time in the courtroom, and are often ill suited to stand up and make an argument on your behalf. That’s not how we operate. We do not shy away from a fight, and we will fight with you every step of the way.
“Matt Tyson is hands down the best attorney I have ever used. I definitely recommend him if you are in need of an honest attorney.” —Jericho H.
Houston Area Violent Crimes
At the Law Office of Matt Tyson PLLC, we assist with the following violent crime-related matters. Click any of the case types below to learn more about it.
Houston Aggravated Assault
Being charged with an assault can seriously impact your life. Aside from the possibility of going to jail, a misdemeanor or felony assault conviction can affect your professional license, livelihood, immigration status, and relationships. Given the number of recent high-profile domestic violence cases, prosecutors are aggressive in these cases and do not dismiss them unless a defense attorney convinces them the case cannot be proven. Even if the complainant does not want to pursue charges, the prosecution will still proceed. THE PROSECUTION WILL NOT DISMISS CHARGES JUST BECAUSE THE COMPLAINANT DOES NOT WANT TO GO FORWARD.
DEFENSES TO AGGRAVATED ASSAULT CHARGES
There are several defenses to aggravated assault charges. Some defenses to aggravated assault include:
Self-Defense—for example, someone pulls a knife on you and you pull a gun to prevent an attack. Or, someone threatens your life and you defend yourself with a firearm.
Necessity
Defense of a third person—you threatened a person with a gun to prevent them from attacking a friend or family member.
There may be other issues with the state’s case. For example, there may not be eyewitnesses, or the identifications made by the eyewitnesses may be challenged.
The state may not have recovered the weapon. The complainant may lack credibility or have had a reason to fabricate the charges.
Aggravated assault cases are taken seriously by prosecutors because of the violence caused or threatened.
Assault and domestic violence cases require an attorney who knows how to investigate allegations thoroughly and cast doubt on the complainant’s credibility.
Houston Misdemeanor Assault
Typically, misdemeanor assault is defined as causing bodily injury to another person. Texas law defines “bodily injury” as physical pain, illness, or any impairment of physical condition.
This definition of bodily injury is broad—the complaining witness does not need a visible injury for the state to charge a person with assault.
This type of misdemeanor assault is a Class A misdemeanor in Texas, punishable by up to one (1) year in county jail and a $4000 fine.
DEFENSES TO MISDEMEANOR ASSAULT
There are several defenses to assault charges in Texas. Some defenses include:
Self-Defense—if you were defending yourself from an attack, you can argue self-defense. In Texas, under a principle known as apparent danger, it may not matter if you made the first strike.
Mutual Combat or Consent—Two people voluntarily get into a fight. The loser cannot claim assault just because he lost the fight. In my experience, many assault cases are filed by people who pick a fight and lose.
Defense of a third person—under certain rules, you can assault someone to protect a third person.
Assault cases are often very defensible. There may be self-defense, consent, and eyewitness issues.Furthermore, the complainant may be lacking in credibility.
Never plead guilty to assault without a thorough investigation of the state’s case.
Houston Assault Family Violence
Aassault family violence—also known as domestic abuse—is typically a Class A misdemeanor, which means the punishment range can include probation up to one (1) year in jail.
Many employers will disqualify applicants with domestic violence records.
Assault family violence is typically charged as causing bodily injury to a family member. Family violence also includes dating relationships.
Prosecutors treat assault family violence cases seriously. So does the law—a second assault family violence charge is bumped up to a felony charge. In Texas, an assault family violence deferred adjudication can never be removed from a criminal history.
DEFENDING AN ASSAULT FAMILY VIOLENCE CHARGE
Defending an assault family violence charge requires a thorough evaluation of the facts of the case. For example, is there a 911 call from the complaining witness? Can it be kept out of evidence?
Are there are any injuries? Is self-defense or “mutual combat” an issue? Does the complaining witness want to cooperate with the prosecution? Does the complaining witness have a reason to make up the charge? Are there any other witnesses to the alleged assault?
If you need an attorney for your assault case, please get in touch for a free consultation.
Houston Murder & Homicide
In the state of Texas, there are four primary categories associated with homicide. These are, in decreasing order of severity:
Capital murder
An individual commits capital murder if he or she knowingly or intentionally murders a fireman or police officer acting in official capacity or commits a murder for hire. He or she may also be charged with capital murder if he or she commits murder while committing a violent crime, murders multiple victims, or murders a child below ten years of age. If convicted of capital murder, an individual may be punished with either life imprisonment without parole or death.
Murder
An individual commits murder if he or she knowingly or intentionally causes the death of another, or plans to cause another to suffer severe bodily injury and commits an act that is obviously dangerous to people that results in the death of another. A person may also be charged with murder if they attempt to commit or commits a felony, apart from manslaughter, and attempts to commit or commits an action obviously dangerous to people that results in the death of another. Murder is a first degree felony in Texas, and is punishable by five to 99 years in prison.
Manslaughter
Manslaughter occurs when an individual’s reckless actions causes the death of another person. The prosecution need not prove intent or specific intent that the offender intended to kill another, if he or she acted recklessly. A second degree felony, manslaughter and is punishable by two to 20 years in prison.
Criminally negligent homicide
Criminally negligent homicide refers to when an individual takes an action so dire in nature that it can cause the loss of life, and any precautions that could have been taken by the average person to prevent the homicide were not used. Criminal homicide is a state jail felony, and is punishable by anywhere from 180 days to two years in state jail.