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Intent Matters in Criminal Defense
When it comes to allegations of criminal offenses, you might assume that the legal proceedings will only involve the hard facts of what happened. However, this is far from the truth. Sometimes, the difference between a conviction and a dismissal could hinge on intent. Proving a lack of intent can be a solid defense against many crimes.
At Magaña & Van Dyke, we represent clients accused of a wide variety of misdemeanor and felony charges. Our Denton, TX criminal defense lawyers will go over your case to explore all possible strategies for getting the charges reduced or dropped, including an intent-based defense.
What Is Criminal Intent?
The Texas Penal Code defines intent as committing an act with a "conscious objective or desire" in mind, leaving no room for accidents. This term is often used alongside other legal terms of culpability, like "knowingly" or "recklessly" which are less purposeful than intent.
How Much Prison Time Could I Get for a Fentanyl Death?
Recently, a North Texas couple found themselves facing murder charges after allegedly supplying a woman with fentanyl, which ultimately resulted in her death. The 34-year-old woman was pronounced dead at the scene; the Tarrant County Medical Examiner’s Office ruled the cause of death as fentanyl toxicity.
Over the course of the investigation, it was found that two Dallas residents sold fentanyl to the woman prior to her death. There have been multiple fentanyl murder arrests since a state law that created the criminal offense of murder for supplying fentanyl went into effect on September 1, 2023.
If you give or sell drugs to another person that are laced with fentanyl – even if you were not aware of that fact – you could find yourself facing very serious criminal charges. A Cooke County, TX criminal defense attorney can build a comprehensive defense on your behalf, ensuring your rights and your future are protected.
Is the Insanity Defense Actually a Valid Defense?
Anyone who watches crime dramas on television has probably seen an actor attorney implementing the insanity defense for his or her client. And, on television, this defense seems to work out well for the accused. In reality, "not guilty by reason of insanity" is a defense that is rarely used. The primary drawback of the insanity defense is the potential for defendants to feign or exaggerate mental illness to avoid prison.
Evaluating a person’s mental status at the time of a crime can be extremely subjective and complex. Five different mental experts could have five different opinions regarding a defendant’s sanity, making it extremely challenging to use insanity as a defense. If you are facing criminal charges, it is extremely important that you speak to a knowledgeable Cooke County, IL criminal defense attorney as quickly as possible so that your attorney has time to craft a comprehensive defense on your behalf.
Careful – The Police Can Lie to You During an Investigation!
While it may seem difficult to believe, the police can—and will—lie to you during a criminal investigation. In fact, police officers are trained in these tactics to lead you into making an incriminating statement. From attempting to persuade you that confessing is in your best interests to working hard to convince you that your behavior is unlikely to result in charges, blatant untruths are extremely common during an investigation.
Understanding this is critical so you do not inadvertently say something that will make charges more likely or more serious. Before you meet with a police officer, a police investigator, or a state prosecutor, it is extremely important that you speak to an experienced Cooke County, TX criminal defense lawyer.
Is Police Deception Allowed Under the Law?
Court rulings, including Frazier v. Cupp (1969), have upheld the practice of allowing police to lie to suspects during investigations and interrogations. In this particular case, the court ruled that no constitutional provisions are violated when police officers use deception to elicit a confession (Code of Criminal Procedure 38.22) or trick a suspect into giving the police details about a specific crime. There are very few rules regarding the ability of the police to lie to suspects.
The Importance of Getting Ahead of Texas Criminal Charges
Although criminal charges can occasionally come out of left field, in many cases, an individual is aware that he or she could be under investigation by law enforcement. If you suspect you could be under investigation, it is extremely important to be proactive.
Rather than waiting in dread until you are arrested, getting ahead of the situation can ensure your rights are protected while positively influencing the outcome of the potential charges. It can be very beneficial to speak to a knowledgeable Cooke County, TX criminal defense lawyer who can guide you through a pre-file investigation.
What is a Pre-File Investigation?
If police think you may have committed a crime, but no formal charges have been made, this is known as a pre-file investigation. During a pre-file investigation, evidence is gathered, and interviews are conducted to determine whether there is sufficient evidence to charge you with a crime. At this stage, law enforcement could also be conducting surveillance (including video and audio recordings) and observing your behavior.
Have You Been Charged with Capital Murder in Texas?
A recent call to law enforcement in Palo Pinto led to two men and one woman being charged with capital murder. An elderly resident of Dallas County was found dead beside I-20. His vehicle was later found near Gainesville, and a subsequent investigation linked three people to the murder. All three suspects in the case remain in the Cooke County Jail, charged with capital murder and auto theft, under bonds of $1,010,000 each.
In the state of Texas, the biggest difference between murder and capital murder is distinguished by the potential for the death penalty for those convicted of capital murder. Murder is punishable by life in prison with the possibility of parole, while capital murder – when not punished by death – is punishable by life in prison with no parole. If you have been charged with capital murder in the state of Texas, it is extremely important that you speak to a knowledgeable Denton County, TX criminal defense attorney.
State Lawmakers Call for Harsher Penalties for Child Sex Crimes
Following a sex scandal involving the senior pastor and founder of the Gateway Church in Dallas a few months ago, many state lawmakers are considering asking for harsher penalties for sex crimes against children. The upcoming legislative session in January 2025 may see some proposals meant to do just that. While every adult in the state of Texas who knows or suspects child sexual abuse is considered a mandatory reporter, few District Attorneys prosecute those who do not report.
Some would like to see this changed, along with the removal of statutes of limitations for Texas child sex abusers. While sexual abuse of a child is something few adults would champion, there are instances when children could be "coached" by another adult to claim something that did not happen. Regardless of the circumstances, if you are charged with sexual abuse of a child, it is extremely important that you speak to a knowledgeable Cooke County, TX criminal defense attorney.
Do You Have to Open the Door to Police in Texas?
If you have ever had a party at your home or been to a rowdy college party at a friend’s home, you may know that feeling of panic and fear when the police knock on the door and demand that the owner let them in. Even when there is nothing illegal going on in the home, it can be a gut-wrenching experience.
Are you sure there is nothing illegal going on? What if someone at the party has a joint in his or her pocket? What if one of the guests is not old enough to drink alcohol? What if the police know about that speeding ticket you forgot to pay? If you do not open the door, will they break it down like they do in the movies?
Since most people do not have a criminal defense attorney on speed dial, you may be uncertain of your rights and whether you legally have to open the door and let the police in. If you did let the police in without a warrant, or if you refused and they promised to come back with a warrant, you need to speak to an experienced Cooke County, IL criminal defense attorney as quickly as possible.
How is Indecent Assault Different from Sexual Assault in Texas?
A Kentucky man was recently arrested after allegedly sexually assaulting a mentally incapacitated resident at a Texas assisted living facility in Wylie. The 58-year-old man is facing charges of aggravated sexual assault and indecent assault. The alleged sexual assault was captured on a security camera installed in the victim’s room by her roommate’s family.
When reviewing the video, the roommate’s family member observed a male engaging in a sexual act with the other resident. Staff members from the facility were immediately contacted; they, in turn, contacted Wylie police. While the facility is fully cooperating with the investigation, the family of the victim removed her from the home. At this point in the investigation, it is not believed there are other victims.
Sexual assault, aggravated sexual assault, and indecent assault are all very serious sex crimes, with harsh penalties and the potential of being placed on the sexual offender registry. If you are facing sexual assault charges of any type, the outcome of your charges could hinge on whether you have a highly experienced Cooke County, TX sexual assault lawyer from Magaña & Van Dyke.
Can I Be Charged With Assault Without Causing Physical Harm?
When people think of assault, they usually picture a bar fight or some other kind of physical altercation. However, a person can be charged with assault even if he or she did not cause physical harm or make physical contact. There are several forms of assault under Texas law, all of which are treated harshly with severe penalties such as prison time and hefty fines. If you or someone you know is facing an assault charge, reach out to a qualified Texas criminal defense attorney.
What Is Assault?
Texas Penal Code § 22.01 defines assault as:
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Causing bodily injury to someone else
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Causing physical contact with someone when you know or should know that the person will find it offensive or provocative
Contact Magaña & Van Dyke
Call 940-382-1976 or fill out the form below to set up a free consultation today:
From our office in Denton, we serve clients throughout Denton County and the surrounding areas, including Corinth, Shady Shores, Oak Point, Aubrey, Krum, Sanger, Argyle, Justin, Roanoke, Flower Mound, Highland Village, Lewisville, The Colony, Little Elm, Paloma Creek South, Gainesville, Lindsay, Muenster, Lake Kiowa, and Cooke County.
Results listed are not a guarantee or indication of future case results.
1417 E. McKinney Street, Suite 110,
Denton, TX 76209
940-382-1976
