Facing allegations of violent crime in Bryan, Texas, can be an overwhelming and daunting experience. Individuals accused of violent offenses often find themselves in a precarious legal situation. Whether it's assault, robbery, or homicide, being accused of such crimes can have severe consequences, including lengthy prison sentences, hefty fines, and a permanent stain on one's reputation. You need an experienced Bryan violent crime lawyer to be your advocate.
In cases involving the use of force or deadly force, understanding the intricacies of Texas law is crucial. While the state allows for the use of force in certain circumstances, such as self-defense or defense of property, the interpretation and application of these laws can be complex. A skilled attorney can help you navigate the legal system and mount a robust defense strategy on your behalf. Your lawyer can safeguard your rights and advocate on your behalf.
- Why Choose the Law Office of Shane Phelps?
- Our Law Office in Bryan, Texas
- Violent Crime Statistics for Bryan, Texas
- Defining Violent Crimes in Bryan, Texas
- When Is the Use of Force Justified in Texas?
- What to Expect if You're Accused of a Violent Crime
- Consequences for Violent Crime Offenses in Texas
- How a Bryan Violent Crime Lawyer Can Help
- Contact Bryan, Texas, Lawyers at the Law Offices of Shane Phelps
Why Choose the Law Office of Shane Phelps?
We are prepared to protect your rights, reputation, and freedom at Shane Phelps Law. Our Bryant violent crime defense attorney can conduct a thorough investigation into your case, collect evidence, analyze evidence gathered by law enforcement, interview witnesses, and use our resource of expert witnesses to develop a strong defense strategy.
In such dire situations, enlisting the services of a reputable Bryan criminal defense lawyer becomes imperative. By partnering with a dedicated legal advocate, individuals accused of violent crimes in Bryan, Texas, can effectively navigate the complexities of the legal system and strive for a favorable outcome. Contact us today for a free consultation and let us put our experience to work for you.
Our Law Office in Bryan, Texas
The Law Office of Shane Phelps, P.C., is located at 400 N. Washington Avenue, Bryan, TX 77803. We are in the heart of Bryan, at the corner of E. 23rd Street. Contact us for a free consultation.
Violent Crime Statistics for Bryan, Texas
In Bryan, statistics indicate the crime rate exceeds the national average across all community sizes. According to FBI crime data, Bryan's crime rate surpasses that of 84% of cities and towns of varying sizes throughout Texas. According to the report, Bryan experienced 463 violent crimes in the last reporting period, out of a total of 2,214 crimes.
Bryan's violent crime rate ranks among the highest nationally, spanning communities of all sizes. These offenses include rape, murder, armed robbery, aggravated assault—such as assault with a deadly weapon—and non-negligent manslaughter.
Defining Violent Crimes in Bryan, Texas
Violent crimes involve actions that entail the use or threat of force against individuals, resulting in either physical injury or fear of harm. These offenses encompass a range of behaviors, including:
Assault: This offense entails the intentional infliction of bodily harm upon another individual or the explicit threat of imminent harm. Examples vary from simple altercations, like a bar brawl, to more severe incidents such as aggravated assault, which may involve the use of a deadly weapon.
Robbery: Robbery occurs when force or intimidation is utilized to deprive another person of their belongings directly. Instances of armed robbery involve the use of weapons to coerce the victim into surrendering their possessions.
Homicide: Homicide encompasses the unlawful killing of another person and can be further categorized into murder (deliberate killing), manslaughter (unintentional killing), or negligent homicide.
When Is the Use of Force Justified in Texas?
In Texas, you can use force to protect yourself or someone else if you believe it's necessary. For example, if someone tries to break into your house or hurt you, you can defend yourself. If you see someone getting attacked and you think they're in danger, you can also step in to help them.
But there are rules about when and how you can use force. You can't just start a fight or use force if someone says something mean to you. Also, you can't use more force than you need to stop the threat. For instance, if someone pushes you, you can't pull out a weapon and hurt them back. It's all about making sure you're only using force to stay safe, not to get revenge or escalate the situation.
In Texas, the use of force (including the use of deadly force) is justified if the individual who used force knew, or had reason to believe, that it was being used against another who was doing any one of the following actions:
- Enters or attempts to enter a home, vehicle, or business.
- Removes or attempts to remove an individual in a home, vehicle, or business.
- Commits or attempts to commit murder, sexual assault, aggravated sexual assault, robbery, aggravated robbery, or aggravated kidnapping.
The following are examples of when the use of force is not justified in Texas:
- You respond to verbal provocation alone.
- You consent to the force used by another.
- You provoked the other’s use of unlawful force.
- You resist an unlawful search or arrest by law enforcement.
- You sought an explanation from or discussion with the other individual while the actor was carrying a weapon or possessing or transporting a weapon.
It's important to remember that using force is serious and should only be a last resort when all other options have failed. Only when you can't get away and you genuinely fear for your safety or someone else's, then you can use force.
When Can You Use Deadly Force?
Special rules govern using deadly force, such as using a weapon. In general, you cannot use deadly force unless it’s immediately necessary to protect against the other individual’s use or attempted deadly use of force. In other words, you must reasonably believe someone is attempting to use deadly force against you.
One big misconception is about "stand your ground" laws. Some people think that means you can fight back no matter what. But in Texas, even if you have the right to be where you are, you should try to avoid a fight if you can safely retreat.
Regarding a “duty to retreat,” a person with the right to be present at the location where the force is used does not have to retreat before using force or even deadly force. However, it is important to note that self-defense is not allowed in Texas if the person claiming self-defense provoked the individual they were defending against or if they were engaged in criminal activity themselves. This means that if you started the fight or were committing a crime when the altercation occurred, you may not be able to claim self-defense.
It's important to talk to a criminal defense lawyer with experience handling violent crime cases to help in situations involving the use of force or deadly force.
What to Expect if You're Accused of a Violent Crime
If you're accused of a violent crime, law enforcement agencies will conduct an investigation. During this phase, they'll gather evidence, interview witnesses, and build a case against you. It's essential to remain calm and refrain from discussing the case with anyone without legal representation.
If law enforcement believes they have sufficient evidence, they may arrest you. During the arrest, they'll read you your Miranda rights, including the right to remain silent and the right to an attorney. It's crucial to exercise these rights and avoid making any statements until you've spoken with your attorney.
After your arrest, you'll have an arraignment hearing where you'll be formally informed of the charges against you and asked to enter a plea (guilty, not guilty, or no contest). Your lawyer can advise you on how to plead.
Your attorney will begin preparing your defense by reviewing evidence, interviewing witnesses, and developing legal arguments. They may also negotiate with the prosecution for a plea bargain or explore alternative resolutions, such as diversion programs.
If your case goes to trial, the prosecution will present evidence and witness testimony to prove your guilt beyond a reasonable doubt. Your attorney will have the opportunity to cross-examine witnesses, present evidence, and argue your defense. The judge or jury will then render a verdict.
If you're found guilty, the court will proceed to sentencing. Depending on the severity of the crime, sentencing may include imprisonment, fines, probation, or other penalties. Your attorney can advocate for leniency and present mitigating factors to the court.
Bail Process
If you're arrested for a violent crime, the court may set bail to secure your release pending trial. Factors considered by judges when determining bail amounts and conditions of release include the seriousness of the offense, your criminal history, ties to the community, and the risk of flight or danger to the public.
Bail can be paid in cash, property, or through a bail bond agency. It's essential to work with your attorney to request a reasonable bail amount and comply with any conditions of release.
Throughout the legal process, it's essential to exercise your legal rights, including the right to remain silent, the right to an attorney, and the right to a fair trial. Avoid discussing the case with anyone except your attorney and refrain from making any statements to law enforcement without legal representation present.
By asserting your rights and working closely with your violent crime attorney, you can navigate the legal system effectively and protect your interests.
Consequences for Violent Crime Offenses in Texas
If convicted of violent crimes in Bryan, Texas, individuals may face severe penalties that can significantly impact their lives. These penalties typically include imprisonment, hefty fines, probation, and long-term consequences affecting both employment and personal life.
Imprisonment is one of the most common penalties for violent crimes. Depending on the severity of the offense, individuals convicted of violent crimes may face lengthy prison sentences, ranging from several years to life imprisonment, especially in cases involving murder or aggravated assault.
In addition to imprisonment, courts may impose substantial fines as part of the punishment for violent crimes. These fines can amount to thousands or even tens of thousands of dollars, placing a significant financial burden on the convicted individual and their family.
Probation is another potential consequence for those convicted of violent crimes in Texas. While serving probation, individuals must comply with specific conditions set by the court, such as regular check-ins with a probation officer, attending counseling or rehabilitation programs, and refraining from criminal behavior. Violating probation terms can result in additional penalties, including imprisonment.
Work, Life, and Reputation
The repercussions of a violent crime conviction extend beyond the immediate penalties imposed by the court. A criminal record for a violent offense can have long-term consequences on employment opportunities, housing options, professional licenses, and personal relationships.
Many employers conduct background checks, and having a violent crime conviction on record can make it challenging to secure employment or advance in one's career. Additionally, individuals with a criminal record may face social stigma, strained relationships with family and friends, and difficulty reintegrating into society.
Given the serious and far-reaching consequences of a violent crime conviction in Texas, individuals facing such charges should seek legal representation from an experienced Bryan violent crime attorney. A lawyer can help navigate the legal process, build a strong defense strategy, and work toward minimizing the potential penalties or securing a favorable outcome.
How a Bryan Violent Crime Lawyer Can Help
A lawyer can play a crucial role in helping someone accused of a violent crime in Bryan, Texas. Firstly, they can provide invaluable guidance and support throughout the legal process, ensuring that you understand your rights and options. Additionally, lawyers can employ various defense strategies to protect your interests and work towards achieving the best possible outcome.
One common defense strategy is presenting alibi evidence to demonstrate that the accused was elsewhere at the time the crime was committed, thus casting doubt on their involvement. Similarly, attorneys may argue self-defense, asserting that their client acted to protect themselves or others from harm and therefore should not be held criminally liable.
Challenging witness testimony is another effective tactic, as it can expose inconsistencies or biases that undermine the prosecution's case.
Alternative Resolutions to Violent Crime Cases
In addition to these defense strategies, lawyers may explore alternative resolutions to violent crime cases. Plea bargains, for example, involve negotiating with the prosecution to secure a lesser charge or sentence in exchange for a guilty plea. This approach can help minimize the potential consequences of a conviction while avoiding the uncertainty and expense of a trial.
Diversion programs and pre-trial interventions offer another avenue for resolution, providing accused individuals with opportunities for rehabilitation and avoiding formal prosecution.
The benefits of alternative resolutions vary depending on the circumstances of the case.
Plea bargains can result in reduced charges or sentences, allowing the accused to move forward with their lives more quickly and with less stigma. Diversion programs and pre-trial interventions offer the chance for rehabilitation and support, addressing underlying issues that may have contributed to the alleged offense.
Ultimately, the goal of these alternative resolutions is to achieve a fair and just outcome while minimizing the negative impact on the accused and the community.
Contact Bryan, Texas, Lawyers at the Law Offices of Shane Phelps
Violent crimes such as murder and aggravated assault are typically considered serious felonies; however, there are instances where a person may have acted within their rights of self-defense. If you’ve killed or seriously injured another person who threatened you, you must consult an experienced violent crime lawyer in Texas.
The legal team at the Law Office of Shane Phelps is available 24/7 so you can call us whenever you encounter your legal issue. You can have peace of mind knowing that we are standing by your side throughout the difficult legal process. When your future is at stake, do not wait to act!
Contact Shane Phelps Law today to schedule a FREE consultation with our violent crimes lawyer in Bryant. Call us today at 979-773-7028 or contact us online to schedule a free consultation. Contact us for an emergency by calling 979-217-4035.
