Have you been charged with a crime in Houston, TX? Attorney Lanease Fuller provides legal representation for misdemeanor and felony criminal cases, helping her clients get the best outcome in their cases. Listed below are some of the most important times to hire a Houston criminal defense lawyer:
Depending on the circumstances surrounding the crime, assault and battery cases can vary widely in terms of defense and possible outcomes. Some are relatively straightforward while others can be quite complex, especially when they have lots of moving parts.
If someone has leveled assault and battery charges against you, you need to get a lawyer on board as soon as possible. If you attempt to defend yourself without any legal background, you could be looking at some serious jail time. Here are some defenses a brilliant defense attorney could come up with to help your case and secure your freedom.
This is likely the most common defense strategy used by many lawyers to fight assault and battery charges. To prove that you were acting in self-defense when the alleged crime happened, you have to prove beyond a shadow of a doubt that:
- There was an imminent threat of harm you were facing at that moment
- You had a real perceived fear of harm against yourself
- You didn’t provoke the other party
- There was no reasonable chance of you retreating from the situation
DEFENSE OF PROPERTY
A defense attorney would be able to use this strategy if they can prove that their client was acting in defense of their property. They would have to show that the other party illicitly invaded your property, or that they were illegally withholding it from you.
With this line of defense, the law generally allows an individual to use reasonable force to defend their property, as long as there is no existing dispute over its ownership. A good defense lawyer is in the best position to use this defense strategy in your favor.
DEFENSE OF OTHERS
This defense tactic is a lot like self-defense. The only difference is that the accused had a real perceived fear of impending harm against someone else. The same threshold for proving the defense of others is similar to that of self-defense.
Voluntary consent as a defense for battery and assault charges is available in some jurisdictions. The law in these states fronts that if an individual consented voluntarily to a particular act that involved some level of violence, they can’t later turn around and allege that they were assaulted.
However, if the extent of the act goes beyond the permission that was initially granted, then those are sufficient grounds for assault and battery charges. If you’re facing these charges as a result of another party alleging that you acted in a manner that went beyond the level of permission that had initially been granted, you need to hire the best defense lawyer to help you prove otherwise.
2. YOU’RE FACING DRUG CHARGES
Numerous illicit drugs are outlawed at both a state and federal level. Methamphetamine, cocaine, and heroin are prime examples. Associating with them at any level which includes their cultivation, distribution, trafficking or possession could see you behind bars for a long time.
A drug conviction carries with it stiff penalties. So, if you find yourself entangled in that mess, that’s your cue to call a defense attorney to get a handle on your case before you’re indicted.
The drug crimes criminal justice reform allows a criminal defense lawyer to negotiate a plea deal with prosecutors if you are what they would consider a lower-level offender. In exchange, you would render your help in catching the big fish.
Drug charges aren’t limited to drugs. Being in possession of items used in drug crimes is a chargeable offense too. So, if you were brought in and booked for possession of drug paraphernalia, you need to call and retain the services of a great criminal defense lawyer to help you deal with those charges.
There are several ways they would defend against drug charges. They could prove that:
- Law enforcement officers carried out an illegal or unlawful search and seizure
- The drugs and/or drug paraphernalia seized belonged to someone else
- There’s missing evidence from the drugs seized
- The defendant was forced to hold or carry drugs for someone else
3. YOU’RE FACING FRAUD OR FINANCIAL CRIMES CHARGES
Fraud and financial crimes are classified as a form of theft where an entity (or person) obtains money or property from another party and uses it illicitly for monetary gain. It usually involves some form of deceit or abuse of trust which is ultimately what sets these crimes apart from the more common forms of theft or robbery.
Examples of fraud or financial crimes include credit/debit card fraud, forgery, wire fraud, and insurance fraud. These types of crimes fall under the criminal law specialization category of white collar crime.
You need to retain their services before you answer questions from any criminal investigator. Speaking to them without your lawyer present could mean incriminating yourself whether or not you are at fault. Your legal counsel will be there to ensure that your interests are protected at all costs.
4. YOU’RE FACING ALCOHOL CRIMES
Alcohol plays a major role in the commission of numerous crimes that would otherwise never be categorized as drug-related. However, four main offenses fall squarely under alcohol crimes. They are Driving Under the Influence (DUI), public intoxication, open container and minor in possession of alcohol.
A DUI charge is the most grievous of them all and carries with it severe penalties. If you don’t understand your rights or alcohol-related laws for that matter, you need to hire a DUI lawyer as soon as you’re arrested.
What’s more, if you’re in a line of work where getting criminally convicted for alcohol-related crimes could lead to the loss of your professional license, or prevent you from getting one, then you need to talk to an attorney as soon as you can to prevent a bad situation from getting worse. Don’t attempt to handle such cases yourself.
5. YOU’RE FACING THEFT CHARGES
The general definition of theft is taking someone else’s property without their approval. However, legally, the term encompasses a wide range of categories that go beyond this.
It is often defined as the act of taking someone else’s property without their authorization, to permanently deprive them of it. When theft charges are leveled against an individual, the prosecution has to show that:
- The property was taken from the aggrieved party without their authorization
- The accused had the requisite intent to permanently deprive the aggrieved party of the property
The degrees of theft charges vary depending on the type of property that was stolen and how much it was worth. This gives rise to the two main categories of theft: Petty theft and grand theft.
Showing that the accused had a right of ownership to the property in question. This claim would have to be supported with evidence.
Showing that the accused was intoxicated at the time of the crime. This would work in some instances to prove that the accused did not have the intention to steal if they, while in their intoxicated state, believed that the property belonged to them.
Showing that the stolen property was returned. While it might not get the theft charges dropped, it does paint a more sympathetic picture to the prosecuting officer. It makes them more inclined to agree to a plea deal.
Using the defense of entrapment to show that the accused was lured into committing the crime by some other party.
6. YOU’RE FACING HOMICIDE CHARGES
When one individual takes the life of another, this is regarded as a homicide regardless of the circumstances surrounding the incident. Homicide, however, isn’t always considered a crime. Examples of such incidences include state-sanctioned executions or self-defense cases that result in the death of another party.
For a homicide to be considered criminal, prosecutors have to prove willful intent or negligence of the part of the accused. If you or someone close to you is facing these charges, the best course of action is to hire a criminal defense attorney immediately. Some defense that attorneys use can range from trying to prove accidental killing to self-defense justifications.
Experienced Criminal Defense Attorney in Houston, Texas
Attorney Fuller is a seasoned attorney with nearly three decades of experience representing a wide range of clients. This includes individuals who have suffered an injury due to another’s actions, individuals facing criminal charges, those who have been arrested for DWI, individuals who have found themselves in a civil litigation dispute, and those looking for legal guidance in business.
After filling out a client intake form, Attorney Lanease D. Fuller will take appropriate action in your case to help you get the results you are looking for. This includes but not limited to gathering evidence, going to trial, and earning a settlement that is appropriate for your specific situation. Reach out to us today to take the first step towards settling your case.
LANEASE D. FULLER LAW
4615 S. Frwy St. 820
Houston, TX 77051