Texas Criminal Defense

Texas Criminal Defense: Protecting Your Rights and Safeguarding Your Freedom.

Walter J. Pink & Associates have been at the forefront of criminal defense since our doors opened in 1972. If you are charged with a state crime, your life, liberty, and pursuit of happiness, unalienable rights given to everyone by the Creator and recognized in our United States Constitution, are at risk. Whether you are charged with a misdemeanor or a felony you can trust our team of Criminal Defense Lawyers to fight for you. Our primary goal at Walter J. Pink and Associates is to have your charge dismissed! We cannot promise you any legal outcome however what we can promise is that you will have the best team of Houston Criminal Defense Attorneys on your case. 

What is Criminal Defense?

Criminal defense simply means that you have been charged with a crime against the State of Texas and the State of Texas is attempting to classify you and treat you like a criminal. We, as your legal spear and shield, defend you from the State’s attempt to classify you as a criminal. You are charged with a crime if are accused of violating a provision in the Texas Penal Code, TPC for short. The TPC consist of the criminal codes and laws adopted and enacted by the State of Texas in 1856. The TPC has remained active and has evolved throughout time. Everyone is innocent until proven guilty, and you can be proven guilty in only 2 ways through a trial or through a plea.

Key Elements of Criminal Defense

1. Investigation and Charging Instrument: Before anyone is charged with a crime there has to be enough evidence to accuse you of committing the alleged crime. Once enough evidence is gathered, a charging instrument will be filed. For felonies and some misdemeanors, a charging instrument is then sent to a grand jury and will come back as an indictment (for felonies) or an information (for misdemeanors).   
2. Understanding the Charges: Before crafting a defense, it's essential to understand the nature and severity of the charges. This requires not only vast knowledge of the law but also requires an understanding of how that law is interpreted, applied, and understood in the greater legal landscape. 
3. Discovery: Despite there being enough evidence to charge someone with a crime, to convict an individual, more evidence may be uncovered but all evidence has to be turned over to your legal team so you may construct a proper legal defense. It takes an experienced team of Houston Criminal Defense Attorneys, to understand the evidence and file the right motions for your case. Many cases are dismissed, resolved, or reduced during this phase of a case.  
4. Legal Strategy: Based on the evidence and the specific circumstances, a defense strategy is formulated. This could involve challenging the evidence, challenging the probable cause, challenging the witnesses, and discovering a legal technicality, among many other strategies.
5. Trial or Plea Negotiations: If the case has not been defeated in the discovery process, then the final 2 outcomes are through plea negotiations and subsequently pleading to a charge, or going to trial. At trial, there are many outcomes other than the conventional innocent or guilty. If there existed an egregious error, you will be granted a mistrial and it is up to the State of Texas to decide whether to retry your case or not. Another outcome for a trial is if the jury is not unanimous. This is known as a hung jury and it will be up to the State of Texas to decide to retry your case.  

Types of Criminal Charges in the State of Texas

There are not only many different charges and levels of charges in the state of Texas, but the categories of charges are vast, with some being more common than others. The following are some of the most common charges:

The charge can be found in Section 49.09 of the Texas Penal Code. The penalties of this crime include: 

• Suspension of your license for multiple months and sometimes years.
• Jail time from 180 days in jail to 10 years in the Texas Department of Criminal Justice (depending on prior criminal history).
• Fine up to $10,000 (depending on prior criminal history).

A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of the property.

This charge can be found in Section 31.03 of the Texas Penal Code. The Penalties of this crime include:

• Jail time from 180 days in jail to 99 years in the Texas Department of Criminal Justice (depending on the amount alleged to be stolen).
• Fine up to $10,000 (depending on the amount alleged to be stolen).

A person commits this offense if the intentionally, knowingly, or recklessly causes bodily injury to another, intentionally or knowingly threatens another, or intentionally or knowingly causes offensive physical contact with another.

This charge can be found in Section 22.01 of the Texas Penal Code. The Penalties of this crime include:

• Jail time from 180 days in jail to 99 years in the Texas Department of Criminal Justice (depending on the type of assault, damage caused, use of a weapon, age of the person alleged to have been assaulted, and/or the occupation of the person alleged to have been assaulted).
• Fine up to $10,000 (depending on the type of assault charged).

Another type of assaults is:

• Aggravated Assault found in Section 22.02 of the Texas Penal Code. This assault general involves a deadly weapon or causes serious bodily injury to another.

A person commits an offense if in the course of committing a theft, the person intentionally, knowingly, or recklessly causes bodily injury or threatens or places another in fear of bodily injury.

This charge can be found in Section 29.02 of the Texas Penal Code. The Penalties of this crime include:

• Jail time from 2 years to 99 years in the Texas Department of Criminal Justice (depending on the type of robbery).
• Aggravated Robbery can be found in Section 29.03 of the Texas Penal Code
• Fine up to $10,000 (depending to the amount alleged to be stolen). 

Generally, a person commits this offense if they enter a building not open to the public with the intent to commit a felony, theft, or assault.

This charge can be found in Section 32.02 of the Texas Penal Code. The Penalties of this crime include:

• Jail time for up to 99 years in the Texas Department of Criminal Justice (depending on the type of premises and the intent of entering said premises).
• Fine up to $10,000 

A person commits this crime if they are in possession, manufacture, distribute, and/or traffic illegal controlled substances.

This charge can be found in the Health and Safety Code Chapter 481. This is also known as the Texas Controlled Substance Act. The Penalties of this crime include:

• Jail time for up to 99 years (depending on the type of drugs possessed, the amount of drugs, and the location of possession).
• Fine up to $10,000 

A person commits this crime if they intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.

This charge can be found in Section 19.02 of the Texas Penal Code. The Penalties of this crime include:

• Jail time from 180 days in jail to Life in the Texas Department of Criminal Justice to even Death (depending on the circumstances surrounding the alleged murder).
• Fine up to $10,000 

Legal Defense Strategies:

There are many strategies for protecting your rights. General defenses, known as affirmative defenses, to criminal responsibility can be found in Section 8 of the Texas Penal Code. TPC 8 lays out a list of affirmative defenses however there are more defenses in the form of suppression of evidence, alibis, lack of probable cause, and bad acts by police officers may also serve as grounds to defend your freedom. Please do not hesitate to contact us, the best criminal defense attorneys in Houston, Texas, today to assess if any defenses apply to your case!   

Conclusion

Facing criminal charges can be daunting, but understanding the intricacies of criminal defense can empower you to make informed decisions. By hiring a skilled criminal defense attorney and being aware of the potential defense strategies, you can ensure that your rights are protected and that you receive the best possible outcome for your case. Remember, every individual is innocent until proven guilty, and a robust defense is your best safeguard against unjust accusations. We serve the entire State of Texas and have received dismissals for our clients’ cases in Houston, Harris County, Sugar Land, Missouri City, Richmond, Fort Bend County, Pearland, Brazoria County, Galveston, Galveston County, Austin, Travis County, Dallas, Dallas County, Amarillo, Lubbock, Montgomery County, and can fight for you anywhere else in this great state of Texas.  

Remember, if you or a loved one has been accused of a criminal offense, it’s important not to speak with anyone, especially the police or investigators, until you have contacted our office. At the law firm of Walter J. Pink & Associates, PC, you can rest assured your good name and best interests are in good hands! Call us immediately to set up a free consultation and allow us to use our vast knowledge, mental tools, and legal weapons to save your freedom, save your right to pursue happiness, and save your life. The Law Firm For Your Future, 713-664-6651.