What are the 5 Criminal Defenses that Work in Texas?

Before the court can convict a person of any criminal offense in Texas the prosecutor must be able to prove beyond any reasonable doubt. You can put up several defenses to escape being punished for a criminal offense after being charged, or get the barest punishment. The common defenses that can avail a criminal defendant on trial are in two categories, namely;

1. Creating a defense through alibi and pleading innocent
2. Self-defense (involuntary intoxication, insanity, and entrapment).

1. Alibi Defense

By alibi, the defendant claims to be elsewhere during the time of the crime. For example, a defendant accused of murder in the street can prove that he was in the office or another town when the crime took place, and the court will grant his plea of an alibi defense.

2. Innocence 

While the prosecution is trying to prove beyond any shadow of a doubt, the defendant must focus on proving his innocence in case of a criminal offense in Texas. Together with his attorney, they must devise an impregnable defense strategy to plead innocence and bring the case to an end. They can do this by presenting convincing evidence and witness.

3. Self-Defense

The ability to establish self-defense is dependent on the following factors;

• The degree of force used by the defendant is considerable and reasonable
• The defendant sees the necessity of pleading self-defense
• The other party was the provoker

The law permits a reasonable man who believes that he fears an imminent danger to prevent harm by using force. However, the degree of such force should be reasonable and not be in excess.

4. Involuntary Intoxication

This defense can only avail someone who got drunk through an external influence beyond his direct control. A person who commits a crime while suffering from involuntary intoxication can raise involuntary intoxication successfully.

5. Insanity Defense

when a defendant is out of his mind or incapable of controlling his behavior because of mental illness, and such a person commits a crime, he can successfully plead a defense of insanity. This is because a mentally ill person cannot differentiate right from wrong. They cannot be criminally responsible. Therefore, it will be harsh to prosecute such a person.

6. Entrapment Defense

A person who the government induces to commit a crime can plead this defense if, subsequently, the government turns around to punish him for the induced crime. However, if a jury is not convinced that he did not commit the crime willfully, his defense will not be successful.

Note that it is best to hire a viable criminal defense attorney to help you put up the best defense. Feel free to contact us for the best criminal defense services you can imagine.