What Is Criminal Law? A Guide to Crimes, Penalties, and Legal Defenses

Criminal law is one of the most essential branches of law in the United States legal system. It governs offenses committed against the public, society, or state. These offenses, commonly referred to as crimes, range from minor infractions to serious felonies. Criminal law defines the nature of these crimes, prescribes the penalties, and provides avenues for legal defenses for those accused.

For those unfamiliar with this area of law, understanding what criminal law is, the types of crimes, and the corresponding penalties can be daunting. Additionally, they may wonder, “What does a criminal lawyer do?” This article aims to provide clear insights into criminal law, specifically in Texas, and outline how legal professionals assist in navigating this complex field.

What is Criminal Law?

At its core, criminal law involves the prosecution and punishment of actions that violate legal statutes. These statutes are set by both federal and state legislatures. In Texas, criminal law is governed primarily by the Texas Penal Code, which outlines various crimes, penalties, and procedural rules.

Criminal law can be divided into two main categories:

1. Substantive Criminal Law – Defines crimes and specific punishments.
2. Procedural Criminal Law – Governs the legal process through which the criminal justice system operates, including rules for gathering evidence and conducting trials.

While the crimes defined by criminal law can vary depending on the jurisdiction, they generally include felonies and misdemeanors, which are differentiated by the severity of the offense and corresponding penalties.

What Does a Criminal Lawyer Do?

A criminal lawyer is a legal professional who specializes in defending individuals or entities charged with criminal activity. They provide legal representation, advice, and strategies for both minor offenses and serious crimes. A criminal lawyer’s responsibilities can range from investigating the facts of the case and negotiating plea bargains to presenting a strong defense in court.

For instance, a criminal lawyer reviews police reports, interviews witnesses, and examines physical evidence to understand the case’s details. They also understand the relevant laws and can guide their clients through each stage of the process. In Texas, criminal lawyers must be familiar with the Texas Penal Code and the Texas Code of Criminal Procedure, which provides the legal framework for criminal prosecution in the state.

Examples of Criminal Law Offenses

Criminal offenses in Texas range widely in nature and severity. Here are some examples of criminal law violations, categorized by severity:

1. Felonies – These are serious offenses that carry heavy penalties, including lengthy prison sentences and substantial fines. Felonies in Texas include:
   • Murder: Defined under Texas Penal Code § 19.02, murder involves intentionally causing the death of another person.
   • Aggravated Assault: Under Texas Penal Code § 22.02, aggravated assault involves causing serious bodily injury or using a deadly weapon during the commission of an assault.
   • Sexual Assault: According to Texas Penal Code § 22.011, sexual assault involves non-consensual sexual contact.
   • Robbery: Under Texas Penal Code § 29.02, robbery occurs when a person causes injury or threatens to harm another while committing theft.
   • Drug Trafficking: Texas enforces strict laws regarding controlled substances. Chapter 481 of the Texas Health and Safety Code details offenses related to drug trafficking and possession with intent to distribute.
2. Misdemeanors – These are less severe crimes but still carry penalties that can include jail time, fines, and probation. Examples include:
   • Driving While Intoxicated (DWI): Under Texas Penal Code § 49.04, driving under the influence of alcohol or drugs is a criminal offense. Depending on the number of prior offenses, a DWI can be classified as either a misdemeanor or felony.
   • Simple Assault: This is defined under Texas Penal Code § 22.01, and it involves intentionally causing bodily injury to another person without serious harm.
   • Theft: Theft is classified based on the value of the property stolen. Under Texas Penal Code § 31.03, theft of property valued below $2,500 is typically considered a misdemeanor.
3. Infractions – These are minor violations, usually punishable by fines. Examples include traffic violations, such as speeding or running a red light.

Penalties in Texas Criminal Law

Penalties in Texas vary based on the offense’s classification. The Texas Penal Code outlines the range of punishments for both misdemeanors and felonies:

1. Misdemeanors – Misdemeanors are classified into three categories:
   • Class A Misdemeanor: The most serious of the misdemeanor classifications, punishable by up to one year in county jail and a fine of up to $4,000. An example would be a first-time DWI.
   • Class B Misdemeanor: This offense can result in up to 180 days in jail and a fine of up to $2,000. Simple assault or possession of small amounts of marijuana are common Class B offenses.
   • Class C Misdemeanor: The least severe type, punishable by a fine of up to $500 with no jail time. Traffic violations often fall under this category.
2. Felonies – Felonies are classified into five categories:
   • Capital Felony: The most serious crimes, such as murder with special circumstances, can result in life imprisonment without parole or the death penalty.
   • First-Degree Felony: Crimes like aggravated assault or large-scale drug trafficking fall under this category, with penalties ranging from 5 to 99 years in prison.
   • Second-Degree Felony: Offenses like robbery are punished with 2 to 20 years of imprisonment.
   • Third-Degree Felony: Crimes such as assault of a public servant carry penalties of 2 to 10 years in prison.
   • State Jail Felony: This category covers less severe felonies, like theft of property valued between $2,500 and $30,000, punishable by 180 days to 2 years in a state jail.

Common Legal Defenses in Criminal Law

While criminal offenses carry significant penalties, those accused of crimes are entitled to a legal defense. Criminal lawyers play a pivotal role in building defenses that can mitigate or eliminate charges. Some common legal defenses include:

1. Lack of Intent: Criminal law generally requires that the accused intended to commit the crime. If intent cannot be proven, the charges may not hold. For example, in theft cases, it must be shown that the accused knowingly took property without consent.
2. Self-Defense: In Texas, self-defense is a common defense in cases involving assault or homicide. Under Texas Penal Code § 9.31, individuals may use force to protect themselves if they believe it is necessary to prevent harm.
3. Mistaken Identity: In some cases, the accused may be wrongfully identified as the perpetrator. Criminal lawyers may challenge witness testimonies or present alibi evidence.
4. Duress: If a person is forced to commit a crime due to the threat of harm, they may use duress as a defense. Texas Penal Code § 8.05 provides the guidelines for this defense, stating that the threat must involve imminent death or serious bodily harm.
5. Insanity: In rare cases, a defendant may plead not guilty by reason of insanity, asserting they were not mentally capable of understanding their actions. Texas Penal Code § 8.01 outlines the standards for this defense.
6. Illegally Obtained Evidence: Evidence obtained without proper warrants or legal procedures can be deemed inadmissible in court. For example, if law enforcement violates a person’s Fourth Amendment right against unlawful searches and seizures, the evidence collected may be excluded from trial.

The Criminal Justice Process in Texas

Navigating the criminal justice system can be overwhelming. The process generally follows several steps:

1. Arrest: The process begins with the arrest of the individual accused of a crime.
2. Booking: After the arrest, the accused is taken into custody and booked, where they are fingerprinted and photographed.
3. Initial Appearance: The accused appears before a judge to be informed of the charges. Bail may be set at this stage.
4. Preliminary Hearing or Grand Jury: Depending on the severity of the crime, the prosecutor may present evidence to either a judge (in a preliminary hearing) or a grand jury.
5. Arraignment: The accused formally enters a plea (guilty, not guilty, or no contest).
6. Trial: If the case proceeds to trial, both the defense and prosecution present their arguments before a judge or jury.
7. Sentencing: If the accused is convicted, the judge imposes a sentence based on the severity of the crime and applicable laws.
8. Appeals: The convicted individual has the right to appeal the court’s decision.

How The Law Office of John H. Nix Can Help

For anyone facing criminal charges, having skilled legal representation is crucial. The Law Office of John H. Nix provides experienced legal counsel and works to protect the rights of individuals accused of crimes. Their attorneys understand the intricacies of Texas criminal law and have a deep knowledge of the Texas Penal Code, ensuring they can offer tailored advice and defense strategies.

Whether defending against felony charges like aggravated assault or misdemeanor offenses such as theft, the team at The Law Office of John H. Nix is committed to providing thorough legal representation. They work diligently to examine every aspect of the case, including investigating evidence, identifying legal defenses, and negotiating favorable outcomes.

For those needing legal assistance, contact The Law Office of John H. Nix at (903) 868-2600 to schedule a consultation and get the representation you deserve.