Irving Criminal Defense Lawyer

Irving Criminal Defense Attorney

Criminal defense is an important component of the Texas justice system, as it provides an avenue for those who have been accused of criminal activity to defend themselves. Whether someone has been accused of a minor misdemeanor or a serious felony, everyone has the right to hire a defense lawyer and share their side of the story. If you are facing charges, it’s important to find a quality Irving criminal defense lawyer with a history of protecting defendants.

At Harris & Harris Law Group, PLLC, we are always standing by, ready to help our next client in need. We have years of experience handling a wide range of criminal defense cases, from DWI and drug offenses to more violent crimes. This experience has led us to become a highly recognized and trusted legal resource in the Irving community. If you are ready to start working on either having your charges dropped or dismissed entirely, connect with us today.

Irving, Texas Crime Statistics

The city of Irving has a notably lower crime rate than other areas across the state. This data reinforces the common belief among tourists and residents alike that Irving is one of the safer larger cities in the state.

Here is a breakdown of the data:

• Total instances of violent crime: 617
  • 5 murders
  • 56 rapes
  • 294 robberies
  • 719 burglaries
  • 262 aggravated assaults

Those who live in the area will likely find these lower statistics encouraging. Those who have been accused of criminal activity in Irving and find themselves in the Irving City Jail may also find it encouraging that these are just the number of convicted cases, not the number of all cases brought to court.

Not all criminal accusations end up with a formal charge, as sometimes the prosecution’s evidence is not sufficient, the arrest was unlawful, or the charges are dropped before even bringing the case to court. While everyone is presumed innocent until proven guilty, it’s important to work with your defense lawyer on the most relevant defense strategies to help prevent you from becoming another Irving crime statistic.

Common Defense Positions to Use in Irving, Texas

The more you understand the breadth of criminal defense strategies available, the more informed and prepared you will feel. Because each case is unique, you need to collaborate with a trained attorney and share your story so they can help pinpoint which combination of defenses has the highest chance of yielding the results you’re looking for.

Some of the most common defenses used include:

Lack of Evidence

One of the most important pieces of every criminal accusation is the quality of the evidence. It is up to the prosecution to provide this evidence, as it is their legal responsibility to prove the defendant committed the crime they are being accused of beyond a reasonable doubt. Without having this evidence, such as credible eyewitness testimony and video surveillance footage, the prosecution will have difficulty formally charge the defendant in question.

Unlawful Search and Seizure

Under the Fourth Amendment of the U.S. Constitution, individuals are explicitly protected against an unlawful search and seizure. This is when a police officer makes the decision to enter someone’s home or property and conduct an investigation without having first secured the necessary warrant to do so. When this happens, a defense lawyer can point out how their client was unlawfully searched and request that all evidence that was collected be suppressed and the case be dismissed.

Self-Defense

Another common defense position that could be applicable in your case is self-defense. This is when someone uses force against someone that they believe threatens either their safety or the safety of someone else around them. Texas recognizes self-defense as a valid defense, but only if there is evidence to prove that the defendant’s actions were proportionate to the level of threat they faced.

For example, someone is killed with a gun every two hours across Texas. If someone is threatening you with a gun, you have the right to fight back and prevent yourself from being hurt. If this has happened to you, work with your defense lawyer to support your story with clear evidence.

Mistaken Identity

Whenever a case heavily relies on an eyewitness account, the chances that a “mistaken identity” defense could apply to your case increase. This is because it becomes more likely that someone will misidentify a perpetrator for a number of reasons, such as poor visibility or trying to think clearly under the stress of a crime. Your Irving Criminal Defense Lawyer may challenge the reliability of the witness’s memory to try and reduce the effectiveness of their story to help enforce this defense.

Entrapment

It is illegal for any law enforcement officer to force someone to commit a crime. This line becomes blurred in instances where an officer is undercover to investigate a situation or coerces someone to commit a crime after they repeatedly tried not to. For example, if an undercover officer keeps trying to sell drugs after a defendant has refused a number of times, there could be grounds for entrapment if the officer’s persistence is what caused the individual to finally cave.

Mental Incapacity or Insanity

Mental state defenses are another option on the table in some cases. This is where the defendant claims they were not able to form the necessary intent to commit a crime due to their mental illness. These conditions could also suggest that the individual was unable to realize the implications of their unlawful actions. With one in five Texas adults experiencing a mental condition each year, the plausibility of this defense has merit with proper medical evidence.

Alibi

One of the most effective defense strategies is to introduce an alibi. An alibi witness is someone who can attest to your whereabouts during the crime to help prove you were not capable of committing the crime. In addition to someone’s personal testimony of where you were, an alibi can be in other forms. For example, phone GPS data, receipts, time-stamped photos or videos, or even public transportation logs.

Some characteristics of a strong alibi include:

• Specificity: Your alibi should show clear details of the time and place of your whereabouts.
• Credibility: An alibi should come from a trusted source of information. If your alibi is a person, it should be clear that they have no motivation to lie.
• Corroboration: If your alibi is testimony from someone else, their account can be supported with physical evidence, such as receipts or surveillance footage.
• Consistency: Your alibi should match other facts and timelines that you have presented in your case.

An experienced Irving Criminal Defense Lawyer can provide invaluable, competent legal assistance with your case. Consider consulting a criminal defense attorney in Irving for your specific case.

FAQs About Irving, TX Criminal Defense Laws

Q: What Is the Mistake of Fact Defense in Texas?

A: The mistake of fact defense in Texas is when someone commits an act under a false but reasonable belief about a situation. If their belief were true, then their actions would have been lawful. However, because they were not, they technically committed a crime. For example, if someone takes another individual’s property, genuinely believing it was their own. If there is no proof to suggest this wasn’t an honest or reasonable mistake, it could be a strong defense to take.

Q: Can You Fight Back If Someone Hits You in Texas?

A: Under Texas law, you do have the right to use force to defend yourself if someone hits you, as long as your act is proportional to the threat you face. For instance, deadly force would only be justified in certain situations, such as when you reasonably believe it is necessary to prevent yourself or someone else from being killed. If you decide to continue to use force after the threat has ended, it could be more difficult to use this type of defense.

Q: What Is the Most Common Argument of a Defense Attorney?

A: One of the most common arguments a defense attorney will make is when the prosecution is unable to meet its burden of proof. When this happens, it’s the easiest position to take, as Texas law requires prosecutors to prove a defendant’s guilt beyond a reasonable doubt. It’s an extremely high standard, making it a powerful area of focus for defense attorneys to scrutinize to try and have their client’s charges reduced or dropped entirely.

Q: Can Police Arrest You Without Evidence in Texas?

A: Police in Texas are not able to arrest you without having some form of evidence or probable cause for doing so. Probable cause refers to a reasonable belief that the individual in question is guilty of a crime, whether that is through compelling witness testimony or video footage. However, just because you have been arrested does not automatically mean that a conviction is the next step. Work with a defense lawyer to combat the allegations against you.

Contact Harris & Harris Law Group, PLLC Today

If you have recently been arrested in Irving, Texas, and are looking to hire a quality Irving Criminal Defense Attorney to help, contact our firm today. We have already helped countless clients construct defense arguments specific to their case, and we would be honored to look more into the details of your case and help create a custom defense for you.