Law Offices Of Richard C. McConathy

Violent Crime

Weatherford Violent Crime Attorney

A violent crime in Texas usually involves an alleged victim suffering or being threatened with some kind of injury. Violent crimes can be misdemeanor or felony offenses, depending on several different factors, such as the alleged offender’s prior criminal record, the nature of the injuries caused, and whether a firearm or deadly weapon was used in the commission of the offense.

Violent crimes often result in aggressive prosecution because there is usually a belief that a violent person should be locked up and removed from society. Anybody accused of one of these offenses needs to understand that there will usually be a concerted effort to have them incarcerated for their crimes, and it will require an equally strong defense to overcome the criminal charges.

Violent Crime2

Were you arrested for a violent crime in Parker County? Do not wait to get yourself a criminal defense lawyer so you can have the best possible chance of regaining your freedom.

The Law Offices of Richard C. McConathy has helped countless people charged with all kinds of crimes of violence in Texas. You can count on us to go over everything about your case in great detail when you call (817) 458-3226 or contact our firm online to schedule a free consultation.

Types of Violent Crime in Parker County

Many crimes of violence are listed under Title 5 of the Texas Penal Code in a section referred to as “Offenses Against the Person.” Crimes listed under this title include assaultive offenses, offenses against the family, and criminal homicide.

Some of the specific kinds of violent crimes a person may be charged with include, but are not limited to:

Aggravated Assault
Deadly Conduct
Family Member Assault
Homicide
Injury to a Child, Elderly Individual, or Disabled Individual
Kidnapping
Robbery
Simple Assault
Terroristic Threats
Unlawful Restraint
Vehicular Manslaughter

According to Texas Penal Code § 22.01, an individual can be charged with assault if they:

Intentionally, knowingly or recklessly cause bodily injury to another person;
Intentionally or knowingly threaten to cause bodily injury to another person; or
Knowingly or intentionally physically contact another person in a manner they know or have reason to believe the person will perceive as offensive or provocative.

This crime could be a Class C misdemeanor, Class B misdemeanor, Class A misdemeanor, or a third-degree or second-degree felony.

As defined in Texas Penal Code § 22.02, an individual can be charged with aggravated assault if they commit an assault offense and cause serious bodily injury to another person or commit the assault with a deadly weapon. Aggravated assault is also commonly referred to as assault with a deadly weapon. A conviction for aggravated assault is generally punishable as a second-degree or first-degree felony.

An individual can be charged with unlawful restraint under Texas Penal Code § 20.02 if they intentionally or knowingly restrain another person against their will. A conviction for this offense can result in a Class A misdemeanor, state jail felony, or third-degree felony.

An individual can be charged with kidnapping under Texas Penal Code § 20.03 if they intentionally and knowingly abduct another person against their will. A conviction for this offense is a third-degree felony.

Charges of disorderly conduct may be filed if a person is accused of disturbing the peace, including abusive language, fighting or firing a gun. Deadly conduct involves behavior that puts another in imminent danger of death.

According to Texas Penal Code § 19.02, an individual can be charged with murder if they:

Intentionally or knowingly cause the death of another person;
Cause the death of another person, but only intended to cause that person serious bodily injury; or
Cause the death of another person during the commission of a felony offense or attempt to commit a felony offense. This offense is also called felony-murder.

A conviction for this offense is punishable as a second-degree or first-degree felony.

As defined in Texas Penal Code § 19.04, an individual can be charged with manslaughter if they recklessly cause the death of another person. A conviction for this offense is punishable as a second-degree felony.

Mental States Relating to Violent Crime in Weatherford

For many violent crimes in Dallas, an individual is required to have a certain mental state, or act in an intention, reckless or knowing manner. Mental states are generally subjective, or unique to each person, so it can be difficult for the prosecution to prove a certain mental state.

Texas Penal Code § 6.03 establishes the following definitions for culpable mental states:

A person acts intentionally, or with intent, with respect to the nature of their conduct or to a result of their conduct when it is their conscious objective or desire to engage in the conduct or cause the result.
A person acts knowingly, or with knowledge, with respect to the nature of their conduct or to circumstances surrounding their conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when they are aware that their conduct is reasonably certain to cause the result.
A person acts recklessly, or is reckless, with respect to circumstances surrounding their conduct or the result of their conduct when they are aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor ’s standpoint.

A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding their conduct or the result of their conduct when they ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor ’s standpoint.

Violent Crime Penalties in Texas

The penalties for violent crimes in Texas can vary depending on the severity of the offense, whether a deadly weapon was used in the commission of the offense, whether death or bodily injury resulted from the offense, whether the alleged offender has any previous criminal conviction, and whether the victim was an elderly or disabled individual. The general penalties for most violent crimes are as listed below.

An individual who has been charged with a Class C misdemeanor assault offense can face a fine up to $500.
An individual who has been charged with a Class B misdemeanor assault can receive a jail sentence of up to 180 days and/or a fine not more than $2,000.
An individual who has been charged with a Class A misdemeanor assault or unlawful restraint can face a jail sentence of up to one year and/or a fine up to $4,000.
An individual who has been charged with state jail felony unlawful restraint offense can face a jail sentence of up to two years and/or a fine not more than $10,000.
An individual who is convicted of a third-degree felony assault, kidnapping or unlawful restraint offense can receive a prison sentence of up to 10 years and/or a fine not more than $10,000.
An individual who has been convicted of a second-degree felony assault, manslaughter, murder or aggravated assault offense can receive a prison sentence of up to 20 years and/or a fine not more than $10,000.
An individual who has been convicted of a first-degree felony aggravated assault or murder offense can receive a prison sentence of up to 99 years or life and/or a fine up to $10,000.

Violent Crime Defenses in Texas

In certain situations, you may have a defense to your alleged offense. However, these defenses are not applicable to every case, so it is important to first consult with your criminal defense lawyer to determine what your best legal strategy may be.

According to Chapter 9 of the Texas Penal Code, the following defenses may be available to criminal defendants in Texas:

Defense of Others — This defense may be available in a situation where the alleged offender used reasonable force to defend another person from the attack of a third party, or where they thought another person was going to be seriously harmed from a third party.
Defense of Property — An alleged offender may be able to claim this defense if they used reasonable force against a person to prevent them from entering their home, vehicle or residence, or to prevent another person from damaging their property.
Justification — A justification defense may apply in criminal situations where the alleged offender committed an act that would normally be a criminal offense, but did so in order to prevent public or private injury in an emergency situation.
Lack of Mental State — An individual may not have had the required mental state, or did not act knowingly, recklessly or intentionally, when allegedly committing the violent crime.

Self Defense — Self defense may be an applicable defense in situations where the alleged offender used necessary force to protect himself from another person’s attack or if they thought another person was going to cause them serious bodily injury or death.

Weatherford Violent Crime Resources

Texas Department of Criminal Justice — View a link to the Texas Victim Services Division. This division of the Texas Department of Criminal Justice provides service to crime victims and their families. This link is to services provided by the Victim Impact Unit, which include the Texas Crime Victim Clearinghouse (TxCVC), Victim Impact Statement, Crime Victim Assistance Standards and an online resources directory for victims.

The National Center for Victims of Crime (NCVC) — The mission of the National Center for Victims of Crime is to forge a national commitment to help victims of crime rebuild their lives. This national nonprofit organization provides assistance to individuals who are victims of violent crimes, in addition to individuals, families and communities that have been harmed by crimes of violence. Learn more about their work and getting help.

Contact a Violent Crime Lawyer in Parker County Today

If you were arrested for a violent crime in the Weatherford area, it will be critical for you to make sure that you have legal representation as soon as possible? Make sure that the first person you talk to about your offense is an attorney.

The Law Offices of Richard C. McConathy knows how frightening these kinds of criminal charges can be and we will work closely with you to help you get through this difficult time. You can have us take a closer look at your case and discuss everything with you when you call (817) 458-3226 or contact us online to set up a free consultation.

Practice Area

DWI Defense

BWI Defense

First DWI

Flying While Intoxicated

Second DWI

Third or Subsequent DWI

Felony DWI

DWI with BAC over 0.15

Controlled Substances and DWI

Open Container

Intoxication Assault

Intoxication Manslaughter

DWI Test Refusal and Implied Consent

License Suspension Hearings

DWI with Child Passenger

DWI Expunction

Contesting Blood Alcohol Tests

Ignition Interlock Device

DWI with Property Damage

Underage DWI

Commercial DWI

SR-22 / DWI Insurance

Theft Crimes

Enhanced Offenses

Criminal Defense

Case Results

DISMISSED
DWI Blood Test Case + Prescription Meds
(Cr200606211)
 
DISMISSED
DWI Breath Test Case, Result Of .224
(Mb0453171)
 
DISMISSED
DWI Breath Test Refusal
(005-84171-05, Ccl6)
 
DISMISSED
DWI, Open Container
(Mb0534487)
 
DISMISSED
2nd DWI, Breath Test Refusal
(Mb-0262214-G Ccc6)
Parker Criminal Lawyer Richard & Brian

“A law is valuable, not because it is a law, but because there is right in it.”

henry ward beecher