Criminal Law

Violent Crimes

Violent crimes are crimes against people. There are a variety of criminal offenses which constitute a violent crime, such as assault (including domestic assault), murder, manslaughter, negligent homicide, kidnapping,and child abuse.  They are generally considered more serious than property crimes, and therefore almost all of these are classified as felonies which carry higher fines and penalties.

Different Crimes Against a Person

Assault and battery: Texas does not distinguish between assault and battery. Assault is defined as intentionally, knowingly, or recklessly causing bodily injury(otherwise known as battery) , or threatening to do so, or causing physical contact knowing the other finds it offensive or provocative. Texas penal code chapter 22.

Aggravated assault: Aggravated assault is an assault which results in serious bodily injury or is committed using a deadly weapon. It carries higher penalties than assault. Texas Penal Code section 22.02

Murder: In Texas murder includes intentionally causing the death of a person. It also includes situations where someone intends to cause serious bodily injury and the victim dies (without intent to cause death) or if someone dies during an attempt to commit a felony. If certain other elements are in place (such as murdering a police officer or committing murder during a robbery), a murder can become a capital murder. Texas Penal Code chapter 19.02 and 19.03.

Manslaughter: this is when a person recklessly (but not intentionally) causes a person to die. Texas does not distinguish between voluntary and involuntary manslaughter.In order to be convicted of manslaughter a person must be aware of the risk associated with his or her behavior and consciously disregard that risk. Texas penal code chapter 19.04.

Negligent homicide: These are reckless deaths that could have been prevented. Examples are hazing deaths, deaths as a result of a hit and run, and death as a result a building collapse when building codes were not followed. Texas penal code chapter 19.05.

Kidnapping: Kidnapping, unlawful restraint, and smuggling of persons are all covered under chapter 20 of the Texas Penal Code. Kidnapping is knowingly or intentionally abducting a person against their will, regardless of whether violence or a weapon was used. Under certain circumstances (such as if the person is held hostage), a kidnapping can become an aggravated kidnapping which carries higher penalties.

Child abuse: Child abuse is cover under chapter 22 of the Texas Penal Code. It is not limited to physical abuse. For example, failing to seek medical care or allowing a child to use a controlled substance are considered child abuse.Texas also has provisions for mandatory reporting of child abuse, investigating child abuse, and false reporting of child abuse or neglect. Texas family code title 5, subtitle E, chapter 261

Penalties

Penalties for violent crimes are usually severe and can include both incarceration and high fines.

Assault is classified as a class A misdemeanor which carries a penalty of up to a year in jail. Under certain circumstances (such as assault against a public servant or in the case of aggravated assault) an assault can be a felony and penalties can be higher.

Murder is considered a first-degree felony which carries a prison sentence of up to 99 years or even life. If certain elements are in place (such as murdering a police officer or committing murder during a robbery) a murder can become a capital murder which carries the death penalty.

Manslaughter is a second-degree felony.

Criminally negligent homicide is a state jail felony.

Kidnapping is a third-degree felony.

Aggravated kidnapping is a first-degree felony.

Child abuse is usually classified as a felony and can carry a wide range of penalties dependent on the relevant facts and circumstances.