Criminal law in Texas refers to the set of laws that define illegal behavior and establish the procedures for investigating, prosecuting, and punishing individuals accused of crimes. Criminal law is governed by the Texas Penal Code and the Texas Code of Criminal Procedure. This area of law covers offenses ranging from minor misdemeanors to serious felonies. The criminal process typically begins with arrest and booking, followed by arraignment, pretrial motions, trial, and sentencing. Each phase is designed to uphold due process and protect the constitutional rights of the accused.
Criminal evidence plays a central role in Texas criminal cases and may include physical objects, witness statements, digital data, and forensic analysis. Courts follow strict rules regarding how evidence is obtained, presented, and challenged to ensure fairness and reliability. In cases involving domestic violence, stalking, or harassment, Texas courts may issue protective restraining orders to safeguard victims. These orders restrict contact and proximity between the accused and the protected individual, and violations can result in additional criminal penalties.
After a conviction, criminal sentencing in Texas may involve incarceration, fines, probation and parole, or participation in rehabilitation programs. Probation allows a defendant to remain in the community under supervision, while parole offers a structured release from prison with specific conditions. Texas also provides options for record sealing or expungement in certain cases, which enables individuals to clear their criminal history after meeting legal requirements. This process can be essential for improving access to employment, housing, and other opportunities.
What Is Criminal Procedure?
As noted above, criminal procedure in Texas outlines the legal steps that govern how criminal cases are handled from investigation through final resolution. This system ensures that individuals accused of crimes are treated fairly and that their constitutional rights are protected. It applies to all levels of offenses, from Class C misdemeanors to first-degree felonies, and forms the backbone of criminal justice careers in Texas, including roles such as law enforcement officers, prosecutors, defense attorneys, judges, and probation officers.
The Texas Code of Criminal Procedure details each phase of a criminal case, including arrest, arraignment, bail hearings, pretrial motions, trial, and sentencing. It also sets strict guidelines for how evidence must be collected and presented, ensuring that only admissible and lawfully obtained materials are used in court.
In cases involving domestic violence, stalking, or harassment, Texas courts may issue protective orders to safeguard victims, and violations of these orders can result in additional criminal charges.
Criminal sentencing may include jail time, fines, probation, or parole, depending on the severity of the offense and the circumstances of the case. Texas also offers expunction and orders of nondisclosure for eligible individuals seeking to clear their criminal records, which can be a vital step toward rebuilding their lives and pursuing opportunities in employment or education. A Texas lawyer can help with these matters.
How Does Criminal Law Procedure Work in Texas?
Criminal procedure in Texas outlines the legal steps that guide how criminal cases progress from investigation to resolution. The process begins when law enforcement investigates a suspected crime, which may lead to an arrest based on probable cause. After arrest, the accused is formally charged and brought before a magistrate for arraignment, where bail may be set and the defendant enters a plea. Throughout each stage of the process, the Texas Code of Criminal Procedure ensures that the rights of the accused are protected.
If the case proceeds, it may involve pretrial motions, plea bargaining, and ultimately, trial before a judge or jury. Texas courts follow strict rules of evidence to determine what can be presented during trial. Upon conviction, sentencing may include jail time, fines, probation, or parole, depending on the severity of the offense. Courts may also issue protective orders in cases involving threats or violence.
In Texas, What Happens During a Criminal Trial?
In Texas, a criminal trial is the formal legal proceeding where the prosecution and defense present their cases to determine whether the accused is guilty beyond a reasonable doubt. Governed by the Texas Code of Criminal Procedure, the trial process is designed to ensure fairness and uphold the constitutional rights of the defendant. Both sides have the opportunity to introduce evidence, call and question witnesses, and make legal arguments before a judge or jury.
A typical criminal trial in Texas includes the following steps:
- Jury selection (unless the defendant opts for a bench trial)
- Opening statements by both the prosecution and defense
- Presentation of evidence and witness testimony
- Cross-examination by opposing counsel
- Closing arguments from both sides
- Jury deliberation and verdict
- Sentencing, if the defendant is found guilty
What Kinds of Crimes Can Someone Be Convicted of in Texas?
In Texas, individuals may be convicted of a broad spectrum of criminal offenses, ranging from Class C misdemeanors to first-degree felonies. Crimes are classified based on their severity, with misdemeanors typically resulting in lesser penalties such as fines or short-term jail sentences, and felonies carrying more serious consequences, including lengthy imprisonment and substantial fines.
The Texas Penal Code outlines offenses that impact public safety, personal welfare, property rights, and the orderly function of government and commerce. Convictions can lead to various legal outcomes, including incarceration, probation, community supervision, or mandatory restitution, depending on the nature and gravity of the offense.
The following is a list of the types of crimes someone can be convicted of in Texas:
- Murder: The unlawful killing of another person with intent or premeditation
- Misdemeanors: This includes less serious offenses, such as petty theft, and is typically punishable by fines or short jail time
- Felonies: This includes more serious crimes like murder, robbery, or rape, often resulting in long-term imprisonment
- Drunk driving DUI/DWI: Operating a vehicle while under the influence of alcohol or drugs
- Assault and battery: Threatening to harm or actually physically harming another person
- Theft: Taking someone else’s property without permission and with intent to permanently deprive
- Perjury crimes: Lying under oath during legal proceedings
- Gun possession: Unlawful ownership or carrying of firearms, especially by prohibited individuals
- Arson: Intentionally setting fire to property, buildings, or land
- Vandalism: Willful destruction or defacement of property
- Drug crimes: This includes offenses involving illegal possession, distribution, or manufacturing of controlled substances according to state and federal law
- Sexual abuse: Non-consensual sexual acts or exploitation, including against minors or vulnerable individuals
- Homicides: The act of killing another person, including murder and manslaughter
- Manslaughter: Unintentional killing due to reckless behavior or in the heat of passion
- Robbery: Theft involving force or intimidation against a victim
- Rape: Non-consensual sexual intercourse, often involving force or coercion
- Child abuse: Physical, emotional, or sexual mistreatment of a minor
- Kidnapping: Unlawfully taking and holding a person against their will
- White collar crime: These are financially motivated, non-violent crimes, such as fraud or insider trading
- Embezzlement: Theft or misappropriation of funds entrusted to someone’s care
- Forgery: Falsifying documents, signatures, or records for personal gain
- Tax evasion: Illegally avoiding paying taxes owed to the government
- Burglary: Unlawful entry into a building with intent to commit a crime inside
- Stalking: Repeated, unwanted attention or harassment that causes fear
- Criminal fraud: Deceiving others for financial or personal benefit
- Speeding and moving violations: Breaking traffic laws, such as driving over the speed limit or running red lights
- Juvenile crimes: These are offenses committed by individuals under the age of 18, and are handled in the juvenile justice system
If you have any questions about any of the above crimes, it is recommended to set up a Texas lawyer consultation with Texas lawyers experienced in criminal laws and procedures. They can assist you with your case and help you achieve the best outcome in your particular case, given the exact facts of your case.
Do I Need a Texas Attorney for a Criminal Law Issue?
If you’re facing a criminal law issue in Texas, it’s recommended to immediately consult with a qualified Texas criminal defense lawyer. Criminal charges, whether misdemeanors or felonies, can lead to serious consequences such as jail time, fines, probation, and a lasting criminal record that may affect employment, housing, and other aspects of your life. LegalMatch can assist you in locating a knowledgeable attorney who understands Texas law, local court procedures, and sentencing guidelines. They can then help you navigate the legal system effectively.
From the moment charges are filed, a defense lawyer will be able to work to protect your rights and build a strong case. They can assist with matters like protective orders, plea negotiations, trial strategy, and post-conviction relief options such as expunction or orders of nondisclosure. Whether you’re dealing with charges like DWI, theft, assault, or more complex offenses such as drug crimes or white-collar violations, having skilled legal representation ensures your case is handled with care and that your interests are vigorously defended in and out of court.
