With any criminal offense, it is important to understand the different legal defenses that can be used. A misdemeanor charge is a criminal offense in the state of Texas and can have an impact on your permanent record. While misdemeanors are less serious than felonies, a strong defense can make a huge difference in the outcome of your case. In this blog, we will be exploring some of the common defenses used in Texas misdemeanor cases.
Types of Misdemeanors in Texas
Before exploring common defenses for misdemeanor cases, it’s important to understand the different classifications of misdemeanors in Texas. Misdemeanors are categorized into three classes based on severity: Class A, Class B, and Class C. Class A misdemeanors carry the harshest penalties, while Class C misdemeanors are the least serious.
- Class A misdemeanors: Most serious crimes, include offenses like DUI (second offense), assault with bodily injury, and theft of property valued between $750 and $2,500. These can result in up to a year in jail and significant fines.
- Class B misdemeanors: Involve offenses such as first-time DUI, possession of small amounts of marijuana, or theft of property valued between $100 and $750, which can lead to up to 180 days in jail and fines.
- Class C misdemeanors: The least serious, can include crimes like disorderly conduct, petty theft under $100, and traffic violations, typically punishable by fines only.
Learn More: Common Misdemeanor Charges in Texas
The classification of the offense not only affects the penalties but also the type of defense strategy that may be most effective. More serious misdemeanors often require stronger defense approaches due to the greater potential consequences.
Common Defenses in Misdemeanor Cases
Here are some of the most common defenses for misdemeanor cases in Texas:
- Lack of Evidence: The prosecution must prove guilt beyond a reasonable doubt, meaning there must be enough evidence to prove guilt. The defense can challenge the quality, credibility, or amount of evidence presented in order to create doubt.
- Mistaken Identity: This is where someone is being accused of committing a crime that someone else did. The defense will try to prove that the defendant was wrongly identified. They may use evidence of the defendant’s location to prove innocence.
- Self-Defense: This is a type of defense that can be used when force is used to protect oneself or others. Under Texas law, a key element of a self-defense claim is proving that the force used was necessary.
- Consent: Consent may be used as a defense in situations where the alleged victim gave the defendant consent, such as borrowing property. It can be argued there was no crime committed if consent was involved.
- Entrapment: This type of defense can only be used if law enforcement pushes the defendant to commit a crime that they wouldn’t have on their own. To prove entrapment in Texas, the defense must prove that the defendant was pressured into the crime by a government agent, not just presented with the opportunity.
Procedural Defenses
- Violation of Constitutional Rights: This type of defense can be used when the defendant’s constitutional rights are violated. If police search without a warrant, that is violating the Fourth Amendment, and evidence found could be thrown out.
- Statute of Limitations: The statute of limitations sets time limits for prosecuting misdemeanor offenses in Texas. If charges are filed after two years from the date of the offense, the defense can argue for dismissal.
Create a Strong Defense for Your Misdemeanor Case
There are endless defense strategies to use in your misdemeanor case in Texas. The key to having a strong defense is to hire an experienced criminal law attorney. They can help determine which defense strategy is best for your case and argue on your behalf. A good defense can significantly impact the outcome of your case.
For those facing misdemeanor charges, contact C.L. Swisher today or schedule a consultation. We strive to find a resolution that minimizes the impact on your future.
