Collin County criminal lawyer Constantine G. Anagnostis understands the law, procedures, and penalties pertaining to criminal law, and will aggressively fight to protect your rights.
Intentionally
- A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
Knowingly
- A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of this conduct when he is aware that his conduct is reasonably certain to cause a result.
Recklessly
- A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his circumstances surrounding his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
Criminal Negligence
- A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
Requirement of Culpability
- Except as provides in Subsection (B), a person does not commit an offense unless he intentionally Knowingly, recklessly, or with criminal negligence engages in conduct as the definition of the offense requires.
- If the definition of an offense does not prescribe a culpable mental state, a culpable mental state is nevertheless required unless the definition plainly dispenses with any mental element.
- If the definition of an offense does not prescribe a culpable mental state, but one is nevertheless required under Subsection (B), intent, knowledge, or recklessness suffices to establish criminal responsibility.
- Culpable mental states are classified according to relative degrees, from highest to lowest, as follows:
- Intentional;
- Knowing;
- Reckless;
- Criminal negligence
- Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged.
- An offense defined y municipal ordinance or by order of a county commissioners court may not dispense with the requirement of a culpable mental state if the offense is punishable by a fine exceeding the amount authorized by Pen 12.23.
Requirement of Voluntary Act or Omission
- A person commits an offense only if he voluntarily engages in conducting, including an act, an omission, or possession.
Possession
- Possession is a voluntarily act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control.
Omission
- A person who omits to perform an act does not commit an offense unless a law as defined by Pen. 1.07 provides that the omission is an offense or otherwise provides that he has a duty to perform the act.
Defense
- A defense to prosecution for an offense is so labeled by the phrase: It’s a defense to prosecution……..
- The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.
- The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.
- The issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.
- A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.
Affirmative Defenses
- An affirmative defense is so labeled by the phrase: It is an affirmative defense to prosecution.
- The prosecuting attorney is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense.
- The issue of the existence of an affirmative defense is not submitted to the jury unless evidence is admitted supporting the defense.
- If the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by a preponderance of the evidence.
- The issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.
- A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.
Contact : Collin County Criminal Lawyer
Collin County criminal lawyer Constantine Anagnostis dedicates his practice to people who are facing criminal charges, with a primary emphasis on DWI, Drug Offenses, Expunction & Nondisclosure Agreements, and Occupational Driver’s License Issues. At DFW Criminal Lawyers L.L.C., we understand the law, procedures, and penalties pertaining to criminal law, and will aggressively fight to protect your rights. Collin County criminal lawyer Constantine Anagnostis provides the utmost personal dedication to each and every case, and truly cares about his clients. You may call 817-229-0319 to schedule a free consultation, or submit a sample case form. At DFW Criminal Lawyers, L.L.C., we look forward to helping you.
DFW Criminal Lawyers, L.L.C. serves clients in all of Collin County, including: Frisco, Texas, Plano, Texas, Prosper, Texas, Allen, Texas, McKinney, Texas, Anna, Texas, Wylie, Texas, Fairview, Texas, Melissa, Texas, Murphy, Texas, Celina, Texas, Lucas, Texas, and Hebron, Texas.
