Defense to Criminal Responsibility in Texas
In criminal trials, the defense, that is, the attorney representing an individual accused of a crime, does all it can to deflect responsibility of the criminal behavior from the accused individual. Only certain modes of argument, however, are legally accepted as defense to criminal behavior in the state of Texas.
Texas law stipulates that in the face of the prosecution, it is fair for the defense to use the argument that the accused individual was insane at the time she or he committed the crime. Specifically, according to Texas law, the individual had to have a "mental disease or defect" that did not arise from "repeated criminal or otherwise antisocial" behavior.
Mistake of Fact
The defense is allowed to argue that the individual accused of the crime believed something incorrect to a "reasonable" extent if the mistaken belief would mean that the individual did not have responsibility for the crime.
If someone commits a crime because she or he or someone else is facing the threat of imminent death or serious bodily injury, the defense may use that argument.
Another argument that the defense is allowed to use is that the accused individual was entrapped. Entrapment refers to law enforcement authorities, in order to induce an individual to commit a crime, using means that are likely to cause someone to commit the crime in question.
With certain major exceptions, some individuals may not be prosecuted for crimes committed while under the age of 15.
Contact a Denton Criminal Attorney
If you have been charged with a crime, an intelligent criminal attorney can provide the knowledge of the law and the experience that you need. For help in fighting your case, contact the Denton criminal defense lawyers of Alexander & Associates by calling 972-420-6560.