{"id":285,"date":"2026-10-12T23:16:12","date_gmt":"2026-10-12T23:16:12","guid":{"rendered":"https:\/\/35-229-99-24.nip.io\/?page_id=285"},"modified":"2026-10-12T23:30:50","modified_gmt":"2026-10-12T23:30:50","slug":"crime-lawyer","status":"publish","type":"page","link":"https:\/\/barbierilawfirm.com\/guides\/online-sex-crimes-defense-lawyer\/crime-lawyer\/","title":{"rendered":"Texas Crime Lawyer: What Happens After a Charge"},"content":{"rendered":"\n<div class=\"wp-block-cover alignfull is-dark\" style=\"min-height:460px;aspect-ratio:unset;\"><span aria-hidden=\"true\" class=\"wp-block-cover__background has-secondary-background-color has-background-dim-60 has-background-dim\"><\/span><img decoding=\"async\" class=\"wp-block-cover__image-background\" alt=\"Texas Crime Lawyer: What Happens After a Charge. a realistic, non-graphic photo of the setting of texas crime happens charge: the place and the objects involved, no injured people, no medical equipment, no wheelchairs or walkers\" src=\"https:\/\/barbierilawfirm.com\/guides\/wp-content\/uploads\/2026\/10\/texas-crime-lawyer-what-happens-after-a-charge-a-realistic-n-photo.jpg\"\/><div class=\"wp-block-cover__inner-container has-global-padding is-layout-constrained wp-block-cover-is-layout-constrained\">\n<h1 class=\"wp-block-heading has-base-color has-text-color\">Texas Crime Lawyer: What Happens After a Charge<\/h1><div class=\"wp-block-buttons is-layout-flex wp-block-buttons-is-layout-flex\"><div class=\"wp-block-button chg-cta chg-cta-call\"><a class=\"wp-block-button__link wp-element-button\" href=\"tel:+19724241902\">Schedule a free consultation<\/a><\/div><div class=\"wp-block-button chg-cta chg-cta-form\"><a class=\"wp-block-button__link wp-element-button\" href=\"https:\/\/www.barbierilawfirm.com\/contact\/\">Schedule a free consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n<p class=\"wp-block-paragraph\" style=\"font-size:0.85rem;color:#6b7280;margin-bottom:1.5rem\">By Heather Barbieri \u00b7 Published October 10, 2026<\/p>\n\n<article lang=\"en\">\n\n<p>A crime lawyer defends a person accused of a crime. The lawyer explains the charge, reviews the evidence, advises on options, and speaks for the client in negotiations and in court. In Texas, the exact wording of the charge decides which facts matter most. This page explains that role in plain terms. It also covers the charge types Barbieri Law Firm handles across Collin County and Texas. The firm does not handle every kind of offense, so check your charge against that list first.<\/p>\n<h2>What a Crime Lawyer Does in a Texas Criminal Case<\/h2>\n<p>A crime lawyer works for the person accused, not for the State. The job has three parts: advising the client on rights and options, reviewing the case, and handling negotiations and court appearances.<\/p>\n<p>Prosecutors represent the State. A defense lawyer looks at the case from the client&#8217;s side. The lawyer tests what the State can actually prove and explains each path forward.<\/p>\n<p>A charge can start with a phone call from a detective, a message from a family member, or a paper handed over at booking. Many people don&#8217;t understand the first document they receive. That is normal, and it is where a lawyer starts.<\/p>\n<p>Barbieri Law Firm handles these charge types: sex crimes, online sex crimes, child sex crimes, aggravated sexual assault, aggravated assault, family violence, and theft for students and non-citizens. The firm does not handle every offense. If your charge falls outside those areas, this page will not answer your specific question.<\/p>\n\n<figure class=\"wp-block-image size-large has-custom-border\"><img decoding=\"async\" src=\"https:\/\/barbierilawfirm.com\/guides\/wp-content\/uploads\/2026\/10\/close-up-of-a-wooden-desk-with-a-legal-folder-a-pen-and-a-ga-photo.jpg\" alt=\"Close-up of a wooden desk with a legal folder, a pen, and a gavel beside a Texas state flag.\" style=\"border-radius:8px;width:100%;aspect-ratio:16\/9;object-fit:cover\"\/><\/figure>\n<h2>The Early Stages: Arrest, Bond, and Questioning<\/h2>\n<p>The early stages move fast, and early choices matter. A case usually moves from investigation to arrest or charging, then booking, bond, and a first court setting. Each step can bring new paperwork with new terms.<\/p>\n<p>Bond conditions can change daily life. A court may limit contact with a named person or restrict where you can go. In a family violence or sexual assault case, violating a bond condition can be its own offense. Reconciliation between the protected people does not cancel the order.<\/p>\n<p>An officer investigating a possible violation may not arrest the protected person for violating that order. <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.07\">Penal Code \u00a7 25.07<\/a><\/p>\n<p>Statements matter too. Under Texas law, an &#8220;act&#8221; includes speech. We review texts, online messages and recorded statements closely, because the exact words and their context matter. Before you answer questions about a message, get advice on what it could mean.<\/p>\n<h2>Reviewing the Evidence and the Charge<\/h2>\n<p>A crime lawyer reviews the exact charge first, then the evidence behind it. The wording of the charge decides which facts the State must show.<\/p>\n<p>Under <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.02\">Texas Penal Code \u00a7 22.02<\/a>, aggravated assault starts with an assault as defined in Section 22.01, plus at least one additional circumstance listed in that statute. It can involve a deadly weapon or serious bodily injury.<\/p>\n<p>&#8220;Bodily injury&#8221; covers physical pain, illness, or any impairment of physical condition. Medical records, photographs, and police reports are reviewed closely to see what injury they actually document.<\/p>\n<p>In a theft case, value often controls the grade. Value is generally the fair market value at the time and place of the offense. <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.31.htm#31.08\">Penal Code \u00a7 31.08<\/a> If the accused proves they paid for the property or had a legal interest in it, that amount comes off the value.<\/p>\n<p>Typical evidence includes phone records, messages, recordings, police reports, witness statements, and forensic or medical reports. A lawyer may review how that evidence was collected and kept. Options can include talks with the prosecutor, pretrial motions, or trial. The right path depends on the facts.<\/p>\n<h2>The State&#8217;s Burden of Proof in a Texas Criminal Case<\/h2>\n<p>We look closely at how the charge is written and at the evidence offered for each part of it. Texas statutes list those parts. For theft, the State must show that a person unlawfully appropriates property with intent to deprive the owner. We compare each part of the accusation with the evidence and explain what we find.<\/p>\n<p>Sexual assault turns on consent in many cases. The statute treats an act as without consent in listed situations. Examples listed in <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\">Penal Code \u00a7 22.011(b)<\/a> include the actor compelling the person to submit or participate by physical force, violence, or coercion; the actor knowing the person is unconscious or physically unable to resist; and the actor having intentionally impaired the person&#8217;s power to appraise or control their own conduct by administering a substance without the person&#8217;s knowledge. Each statutory definition is compared with the actual facts of the case.<\/p>\n<p>Some offenses have their own rules. For continuous sexual abuse, jurors need not agree on each specific act or the exact date. They must agree that two or more acts occurred during a period of 30 or more days.<\/p>\n<p>This review focuses on the evidence itself. The job is to test whether the State can prove what it alleges. No lawyer can promise an outcome, because each case rests on its own evidence.<\/p>\n<h2>Is Criminal Defense Work Hard? What the Job Involves<\/h2>\n<p>Yes, criminal defense work is demanding. It involves tight timing, heavy personal stakes, complex evidence, and frequent court dates.<\/p>\n<p>A crime lawyer&#8217;s days are mostly reading and talking. The lawyer meets with the client, reviews the charging papers and evidence, drafts motions, and talks with the prosecutor. Then comes preparation for hearings or trial. Digital evidence, such as phone extraction reports or recorded messages, takes extra time to review.<\/p>\n<p>Online cases add weight. Online solicitation of a minor can be a felony even if the meeting never happens. It is not a defense that the meeting did not occur. Every message in the case deserves careful review.<\/p>\n<p>Under <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.43.htm#43.26\">Penal Code \u00a7 43.26<\/a>, a possession of child pornography charge requires that the person knowingly or intentionally possessed the material and knew that it depicts a child younger than 18.<\/p>\n<p>This page does not address lawyer income. Your focus should be your own case, and how your lawyer will keep you informed.<\/p>\n<h2>How to Judge Whether a Criminal Defense Lawyer Fits Your Case<\/h2>\n<p>A good fit depends on three things: the lawyer&#8217;s experience with your charge type, a clear plan for reviewing evidence, and clear answers about fees and communication. Heather Jean Barbieri, Board Certified, Criminal Law &#8212; <a href=\"https:\/\/www.tbls.org\/\">Texas Board of Legal Specialization<\/a>, leads the firm. That certification belongs to her and applies to no one else at the firm.<\/p>\n<p>The firm&#8217;s practice focus is the charge types listed above, in Collin County, Dallas-Fort Worth, and across Texas. Ask the firm to back up any claim it makes about itself.<\/p>\n<p>At a consultation, you can raise these questions. How will the lawyer review your evidence? Who will you talk to day to day? How are fees set, and will the terms be in writing?<\/p>\n<h3>Common questions<\/h3>\n<p><strong>Does a crime lawyer have to prove innocence?<\/strong> No. The lawyer tests whether the State can prove the charge, and does not have to offer a different story.<\/p>\n<p><strong>Will you review text messages in my case?<\/strong> Yes, we review messages and their context as part of looking at the evidence. Under Texas law, an &#8220;act&#8221; includes speech, so words can be treated as conduct.<\/p>\n<p><strong>Can violating a protective order be a separate charge?<\/strong> It can be. In a family violence or sexual assault case, violating a bond condition or order can be its own offense. <a href=\"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.07\">Penal Code \u00a7 25.07<\/a><\/p>\n\n<figure class=\"wp-block-image size-large has-custom-border\"><img decoding=\"async\" src=\"https:\/\/barbierilawfirm.com\/guides\/wp-content\/uploads\/2026\/10\/a-wide-view-of-a-quiet-texas-courthouse-hallway-with-wooden-photo.jpg\" alt=\"A wide view of a quiet Texas courthouse hallway with wooden benches, a legal document folder, and a gavel on a table.\" style=\"border-radius:8px;width:100%;aspect-ratio:16\/9;object-fit:cover\"\/><\/figure>\n<h2>Talk With Barbieri Law Firm About Your Situation<\/h2>\n<p>If a call, a bond paper, or a message has left you trying to make sense of a charge, you are not alone in that moment. You may also be worried about someone you love who is facing an accusation. You don&#8217;t have to work out the next steps on your own. Call (972) 424-1902 or <a href=\"https:\/\/www.barbierilawfirm.com\/contact\/\">send your case details<\/a> to schedule a free initial consultation. No lawyer can promise an outcome, but the firm will review your paperwork and explain your options.<\/p>\n<p>Attorney responsible for this site: Heather Jean Barbieri, Barbieri Law Firm, Frisco, Texas.<\/p>\n\n<\/article>\n<footer class=\"disclaimer\"><em>Barbieri Law Firm, 17 Cowboys Way, Suite 175, Frisco, TX 75034. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Results listed are not a guarantee or indication of future case results.<\/em><\/footer>\n\n\n<div class=\"wp-block-group alignfull has-base-color has-primary-background-color has-text-color has-background has-global-padding is-layout-constrained wp-container-core-group-is-layout-4d466591 wp-block-group-is-layout-constrained\" style=\"background-color:var(--wp--preset--color--primary,#20242e);color:var(--wp--preset--color--base,#ffffff);padding-top:3rem;padding-bottom:3rem;padding-left:1.5rem;padding-right:1.5rem\">\n<h2 class=\"wp-block-heading has-text-align-center has-base-color has-text-color\">Ready to take the next step?<\/h2>\n<div class=\"wp-block-buttons is-content-justification-center is-layout-flex wp-container-core-buttons-is-layout-0aa01211 wp-block-buttons-is-layout-flex\"><div class=\"wp-block-button chg-cta chg-cta-call\"><a class=\"wp-block-button__link wp-element-button\" href=\"tel:+19724241902\">Schedule a free consultation<\/a><\/div><div class=\"wp-block-button chg-cta chg-cta-form\"><a class=\"wp-block-button__link wp-element-button\" href=\"https:\/\/www.barbierilawfirm.com\/contact\/\">Schedule a free consultation<\/a><\/div><\/div>\n<\/div>\n\n<h2 class=\"wp-block-heading\">Related practice areas<\/h2><ul class=\"wp-block-list\"><li><a href=\"\/online-sex-crimes-defense-lawyer\/\">Online Sex Crimes Defense Lawyer | Collin County &amp; Texas<\/a><\/li><li><a href=\"\/online-sex-crimes-defense-lawyer\/collin-county\/\">Sex Crimes Defense Lawyer in Collin County<\/a><\/li><\/ul>\n<!-- chg:section-siblings -->\n<nav aria-label=\"More in this section\">\n<h2>More in this section<\/h2>\n<ul><li><a href=\"\/guides\/online-sex-crimes-defense-lawyer\/dallas-sex-crimes-lawyer\/\">Dallas Sex Crimes Lawyer<\/a><\/li><li><a href=\"\/guides\/online-sex-crimes-defense-lawyer\/dallas-solicitation-defense-lawyer\/\">Dallas Solicitation Defense Lawyer<\/a><\/li><li><a href=\"\/guides\/online-sex-crimes-defense-lawyer\/guides-will-i-lose-my-job-if-charged-with-a-sex-crime-texas\/\">Will I Lose My Job If I Am Charged With a Sex Crime in Texas?<\/a><\/li><li><a href=\"\/guides\/online-sex-crimes-defense-lawyer\/how-much-is-a-sex-crime-lawyer\/\">How much is a sex crime lawyer?<\/a><\/li><li><a href=\"\/guides\/online-sex-crimes-defense-lawyer\/indecency-with-a-child-defense-lawyer\/\">Indecency with a Child Defense Lawyer in Collin County, Texas<\/a><\/li><\/ul>\n<\/nav>\n<!-- \/chg:section-siblings -->","protected":false},"excerpt":{"rendered":"<p>Learn what a Texas crime lawyer does after an arrest or charge, from bond and questioning to evidence review. Free consultation: (972) 424-1902.<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":19,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"chg_review":"{\"v\": 1, \"checked_at\": \"2026-10-10T20:11:17+00:00\", \"checked\": true, \"jurisdiction\": \"Texas\", \"claims\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.07\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.07\", \"cite\": \"Texas Penal Code \u00a7 25.07\", \"heading\": \"VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE\", \"support\": \"goes to or near any of the following places as specifically described in the order or condition of bond\", \"law_text\": \"\u2026 or (C) in any manner with the protected individual or a member of the family or household except through the person's attorney or a person appointed by the court, if the violation is of an order described by this subsection and the order prohibits any communication with a protected individual or a member of the family or household; (3) goes to or near any of the following places as specifically described in the order or condition of bond: (A) the residence or place of employment or business of a protected individual or a member of the family or household; or (B) any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends; (4) possesses a firearm; \u2026\"}], \"cite\": \"Texas Penal Code \u00a7 25.07\", \"heading\": \"VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE\", \"support\": \"the order prohibits any communication with a protected individual or a member of the family or household\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (B) a threat through any person to a protected individual or a member of the family or household; or (C) in any manner with the protected individual or a member of the family or household except through the person's attorney or a person appointed by the court, if the violation is of an order described by this subsection and the order prohibits any communication with a protected individual or a member of the family or household; (3) goes to or near any of the following places as specifically described in the order or condition of bond: (A) the residence or place of employment or business of a protected individual or a member of the family or household; \u2026\", \"sentence\": \"A court may limit contact with a named person or restrict where you can go.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.07\", \"cite\": \"Texas Penal Code \u00a7 25.07\", \"heading\": \"VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE\", \"support\": \"A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case\", \"verdict\": \"supported\", \"law_text\": \"\u2026 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE. (a) A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte ord \u2026\", \"sentence\": \"In a family violence or sexual assault case, violating a bond condition can be its own offense.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.07\", \"cite\": \"Texas Penal Code \u00a7 25.07\", \"heading\": \"VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE\", \"support\": \"Reconciliatory actions or agreements made by persons affected by an order do not affect the validity of the order\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (8) \\\"Indecent assault\\\" means any conduct that constitutes an offense under Section 22.012. (c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections. (d) Reconciliatory actions or agreements made by persons affected by an order do not affect the validity of the order or the duty of a peace officer to enforce this section. (e) A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order. \u2026\", \"sentence\": \"Reconciliation between the protected people does not cancel the order.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.07\", \"cite\": \"Texas Penal Code \u00a7 25.07\", \"heading\": \"VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE\", \"support\": \"A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (d) Reconciliatory actions or agreements made by persons affected by an order do not affect the validity of the order or the duty of a peace officer to enforce this section. (e) A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order. (f) It is not a defense to prosecution under this section that certain information has been excluded, as provided by Section 85.007, Family Code, or Article 17.292, Code of Criminal Procedure, from an order to which this section applies. \u2026\", \"sentence\": \"An officer investigating a possible violation may not arrest the protected person for violating that order.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.1.htm#1.07\", \"cite\": \"Texas Penal Code \u00a7 1.07\", \"heading\": \"DEFINITIONS\", \"support\": \"\\\"Act\\\" means a bodily movement, whether voluntary or involuntary, and includes speech.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 1.07. DEFINITIONS. (a) In this code: (1) \\\"Act\\\" means a bodily movement, whether voluntary or involuntary, and includes speech. (2) \\\"Actor\\\" means a person whose criminal responsibility is in issue in a criminal action. Whenever the term \\\"suspect\\\" is used in this code, it means \\\"actor.\\\" (3) \\\"Agency\\\" includes authority, board, bureau, commission, committee, council, department, district, division, and office. \u2026\", \"sentence\": \"Under Texas law, an \\\"act\\\" includes speech.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.01\", \"cite\": \"Texas Penal Code \u00a7 22.01\", \"heading\": \"ASSAULT\", \"support\": \"the offense is committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code;\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (b-3) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1) the offense is committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; (2) it is shown on the trial of the offense that the defendant has been previously convicted of an offense that was committed: (A) against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; and (B) under: \u2026\", \"sentence\": \"Assault can become a second-degree felony when it is committed against a person in a family relationship described in the Family Code.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.02\", \"cite\": \"Texas Penal Code \u00a7 22.02\", \"heading\": \"AGGRAVATED ASSAULT\", \"support\": \"A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:\", \"verdict\": \"supported\", \"law_text\": \"\u2026 22.02. AGGRAVATED ASSAULT. (a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or (2) uses or exhibits a deadly weapon during the commission of the assault. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: \u2026\", \"sentence\": \"Under Texas Penal Code \u00a7 22.02, aggravated assault starts with an assault as defined in Section 22.01, plus at least one additional circumstance listed in that statute.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.02\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.1.htm#1.07\", \"cite\": \"Texas Penal Code \u00a7 1.07\", \"heading\": \"DEFINITIONS\", \"support\": \"bodily injury that creates a substantial risk of death or that causes death\", \"law_text\": \"\u2026 (43) \\\"Reckless\\\" is defined in Section 6.03 (Culpable Mental States). (44) \\\"Rule\\\" includes regulation. (45) \\\"Secure correctional facility\\\" means: (A) a municipal or county jail; or (B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice. (46) \\\"Serious bodily injury\\\" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (46-a) \\\"Sight order\\\" means a written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay. \u2026\"}], \"cite\": \"Texas Penal Code \u00a7 22.02\", \"heading\": \"AGGRAVATED ASSAULT\", \"support\": \"uses or exhibits a deadly weapon during the commission of the assault\", \"verdict\": \"supported\", \"law_text\": \"\u2026 22.02. AGGRAVATED ASSAULT. (a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or (2) uses or exhibits a deadly weapon during the commission of the assault. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes: \u2026\", \"sentence\": \"It can involve a deadly weapon or serious bodily injury.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.1.htm#1.07\", \"cite\": \"Texas Penal Code \u00a7 1.07\", \"heading\": \"DEFINITIONS\", \"support\": \"\\\"Bodily injury\\\" means physical pain, illness, or any impairment of physical condition.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (6) \\\"Association\\\" means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. (7) \\\"Benefit\\\" means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. (8) \\\"Bodily injury\\\" means physical pain, illness, or any impairment of physical condition. (8-a) \\\"Civil commitment facility\\\" means a facility owned, leased, or operated by the state, or by a vendor under contract with the state, that houses only persons who have been civilly committed as sexually violent predators under Chapter 841, Health and Safety Code. (9) \\\"Coercion\\\" means a threat, however communicated: (A) to commit an offense; \u2026\", \"sentence\": \"\\\"Bodily injury\\\" covers physical pain, illness, or any impairment of physical condition.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.31.htm#31.03\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.31.htm#31.08\", \"cite\": \"Texas Penal Code \u00a7 31.08\", \"heading\": \"VALUE\", \"support\": \"value under this chapter is:\", \"law_text\": \"\u2026 31.08. VALUE. (a) Subject to the additional criteria of Subsections (a-1), (b), and (c), value under this chapter is: (1) the fair market value of the property or service at the time and place of the offense; or (2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the theft. \u2026\"}], \"cite\": \"Texas Penal Code \u00a7 31.03\", \"heading\": \"THEFT\", \"support\": \"the value of the property stolen is $100 or more but less than $750\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (e) Except as otherwise provided by this section, an offense under this section is: \u2026 (A) the value of the property stolen is $100 or more but less than $750; (B) the value of the property stolen is less than $100 and the defendant has previously been convicted of any grade of theft; or (C) the property stolen is a driver's license, commercial driver's license, or personal identification certificate issued by this state or another state; \u2026\", \"sentence\": \"In a theft case, value often controls the grade.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.31.htm#31.08\", \"cite\": \"Texas Penal Code \u00a7 31.08\", \"heading\": \"VALUE\", \"support\": \"the fair market value of the property or service at the time and place of the offense\", \"verdict\": \"supported\", \"law_text\": \"\u2026 31.08. VALUE. (a) Subject to the additional criteria of Subsections (a-1), (b), and (c), value under this chapter is: (1) the fair market value of the property or service at the time and place of the offense; or (2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the theft. (a-1) In the prosecution of an offense under Section 31.16 involving retail merchandise stolen from a merchant, the value of the stolen retail merchandise is: \u2026\", \"sentence\": \"Value is generally the fair market value at the time and place of the offense.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.31.htm#31.08\", \"cite\": \"Texas Penal Code \u00a7 31.08\", \"heading\": \"VALUE\", \"support\": \"If the actor proves by a preponderance of the evidence that the actor gave consideration for or had a legal interest in the property or service stolen, the amount of the consideration or the value of the interest so proven shall be deducted from the value of the property or service ascertained under Subsection (a), (a-1), (b), or (c) to determine value for purposes of this chapter.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (d) If the actor proves by a preponderance of the evidence that the actor gave consideration for or had a legal interest in the property or service stolen, the amount of the consideration or the value of the interest so proven shall be deducted from the value of the property or service ascertained under Subsection (a), (a-1), (b), or (c) to determine value for purposes of this chapter.\", \"sentence\": \"If the accused proves they paid for the property or had a legal interest in it, that amount comes off the value.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.1.htm#1.07\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.02\", \"cite\": \"Texas Penal Code \u00a7 22.02\", \"heading\": \"AGGRAVATED ASSAULT\", \"support\": \"(a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:\", \"law_text\": \"\u2026 22.02. AGGRAVATED ASSAULT. (a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or (2) uses or exhibits a deadly weapon during the commission of the assault. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: \u2026\"}], \"cite\": \"Texas Penal Code \u00a7 1.07\", \"heading\": \"DEFINITIONS\", \"support\": \"\\\"Element of offense\\\" means:\", \"verdict\": \"supported\", \"law_text\": \"\u2026 or (D) given solely to detect the commission of an offense. (20) \\\"Electric generating plant\\\" means a facility that generates electric energy for distribution to the public. (21) \\\"Electric utility substation\\\" means a facility used to switch or change voltage in connection with the transmission of electric energy for distribution to the public. (22) \\\"Element of offense\\\" means: (A) the forbidden conduct; (B) the required culpability; (C) any required result; and (D) the negation of any exception to the offense. (23) \\\"Felony\\\" means an offense so designated by law or punishable by death or confinement in a penitentiary. (24) \\\"Government\\\" means: (A) the state; (B) a county, municipality, or political subdivision of the state; \u2026\", \"sentence\": \"Texas statutes list those parts.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.31.htm#31.03\", \"cite\": \"Texas Penal Code \u00a7 31.03\", \"heading\": \"THEFT\", \"support\": \"A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 31.03. THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. \u2026 (c) For purposes of Subsection (b): (1) evidence that the actor has previously participated in recent transactions other than, but similar to, the transaction for which the prosecution is based is admissible for the purpose of showing knowledge or intent and the issues of knowledge or intent are raised by the actor's plea of not guilty; \u2026\", \"sentence\": \"For theft, the State must show that a person unlawfully appropriates property with intent to deprive the owner.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"A sexual assault under Subsection (a)(1) is without the consent of the other person if:\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion; \u2026\", \"sentence\": \"Sexual assault turns on consent in many cases.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"A sexual assault under Subsection (a)(1) is without the consent of the other person if:\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion; \u2026\", \"sentence\": \"The statute treats an act as without consent in listed situations.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.22.htm#22.011\", \"cite\": \"Texas Penal Code \u00a7 22.011\", \"heading\": \"SEXUAL ASSAULT\", \"support\": \"the actor compels the other person to submit or participate by the use of physical force, violence, or coercion;\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force, violence, or coercion; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat; \u2026\", \"sentence\": \"Examples include force, violence, or coercion, or a person who is unconscious or too intoxicated to consent.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.21.htm#21.02\", \"cite\": \"Texas Penal Code \u00a7 21.02\", \"heading\": \"CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL\", \"support\": \"If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (6) sexual performance by a child under Section 43.25; (7) trafficking of persons under Section 20A.02(a)(3), (4), (7), or (8); and (8) compelling prostitution under Section 43.05. (d) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse. \u2026\", \"sentence\": \"For continuous sexual abuse, jurors need not agree on each specific act or the exact date.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.21.htm#21.02\", \"cite\": \"Texas Penal Code \u00a7 21.02\", \"heading\": \"CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR DISABLED INDIVIDUAL\", \"support\": \"The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 and (8) compelling prostitution under Section 43.05. (d) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse. (e) A defendant may not be convicted in the same criminal action of an offense listed under Subsection (c) the victim of which is the same victim as a victim of the offense alleged under Subsection (b) unless the offense listed in Subsection (c): (1) is charged in the alternative; \u2026\", \"sentence\": \"They must agree that two or more acts occurred during a period of 30 or more days.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"also\": [{\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"An offense under Subsection (c) is a felony of the second degree.\", \"law_text\": \"\u2026 (f) An offense under Subsection (b) is a felony of the third degree, except that the offense is a felony of the second degree if the minor is younger than 14 years of age or is an individual whom the actor believes to be younger than 14 years of age at the time of the commission of the offense. An offense under Subsection (c) is a felony of the second degree. (f-1) The punishment for an offense under this section is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that: (1) the actor committed the offense during regular public or private primary or secondary school hours; \u2026\"}], \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"It is not a defense to prosecution under Subsection (c) that the meeting did not occur.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (d) It is not a defense to prosecution under Subsection (c) that the meeting did not occur. (e) It is a defense to prosecution under this section that at the time conduct described by Subsection (c) was committed: (1) the actor was married to the minor; or (2) the actor was not more than three years older than the minor and the minor consented to the conduct. \u2026\", \"sentence\": \"Online solicitation of a minor can be a felony even if the meeting never happens.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.33.htm#33.021\", \"cite\": \"Texas Penal Code \u00a7 33.021\", \"heading\": \"ONLINE SOLICITATION OF A MINOR\", \"support\": \"It is not a defense to prosecution under Subsection (c) that the meeting did not occur.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (d) It is not a defense to prosecution under Subsection (c) that the meeting did not occur. (e) It is a defense to prosecution under this section that at the time conduct described by Subsection (c) was committed: (1) the actor was married to the minor; or (2) the actor was not more than three years older than the minor and the minor consented to the conduct. \u2026\", \"sentence\": \"It is not a defense that the meeting did not occur.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.43.htm#43.26\", \"cite\": \"Texas Penal Code \u00a7 43.26\", \"heading\": \"POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY\", \"support\": \"the person knows or should have known that the depiction described by Subdivision (1) is of a child younger than 18 years of age at the time the image of the child was made.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 and (2) the person knows or should have known that the depiction described by Subdivision (1) is of a child younger than 18 years of age at the time the image of the child was made. (a-2) A person commits an offense if the person: (1) intentionally or knowingly possesses, or intentionally or knowingly accesses with intent to view, visual material that contains a visual depiction of a computer-generated child engaging in sexual conduct; and (2) either: \u2026\", \"sentence\": \"Child pornography charges turn on what the person knew or should have known about the depicted child's age.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.1.htm#1.07\", \"cite\": \"Texas Penal Code \u00a7 1.07\", \"heading\": \"DEFINITIONS\", \"support\": \"\\\"Act\\\" means a bodily movement, whether voluntary or involuntary, and includes speech.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 1.07. DEFINITIONS. (a) In this code: (1) \\\"Act\\\" means a bodily movement, whether voluntary or involuntary, and includes speech. (2) \\\"Actor\\\" means a person whose criminal responsibility is in issue in a criminal action. Whenever the term \\\"suspect\\\" is used in this code, it means \\\"actor.\\\" (3) \\\"Agency\\\" includes authority, board, bureau, commission, committee, council, department, district, division, and office. \u2026\", \"sentence\": \"Under Texas law, an \\\"act\\\" includes speech, so words can be treated as conduct.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.07\", \"cite\": \"Texas Penal Code \u00a7 25.07\", \"heading\": \"VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE\", \"support\": \"the actor may be prosecuted under either section or under both sections.\", \"verdict\": \"supported\", \"law_text\": \"\u2026 (7) \\\"Trafficking\\\" means any conduct that constitutes an offense under Section 20A.02. (8) \\\"Indecent assault\\\" means any conduct that constitutes an offense under Section 22.012. (c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections. (d) Reconciliatory actions or agreements made by persons affected by an order do not affect the validity of the order or the duty of a peace officer to enforce this section. \u2026\", \"sentence\": \"**Can violating a protective order be a separate charge?** It can be.\"}, {\"url\": \"https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.25.htm#25.07\", \"cite\": \"Texas Penal Code \u00a7 25.07\", \"heading\": \"VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE\", \"support\": \"A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case\", \"verdict\": \"supported\", \"law_text\": \"\u2026 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE. (a) A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte ord \u2026\", \"sentence\": \"In a family violence or sexual assault case, violating a bond condition or order can be its own offense.\"}], \"languages\": [{\"code\": \"en\", \"post_id\": 285}]}","chg_sendback":"","chg_canonical":"","chg_lang":"","chg_hreflang":"","chg_jsonld":"[{\"about\": [{\"name\": \"Criminal defense\", \"@type\": \"Thing\"}, {\"name\": \"Burden of proof in Texas criminal cases\", \"@type\": \"Thing\"}], \"author\": {\"@type\": \"Organization\", \"@id\": \"https:\/\/barbierilawfirm.com\/guides\/#organization\", \"name\": \"Barbieri Law Firm\", \"url\": \"https:\/\/barbierilawfirm.com\/\"}, \"@context\": \"https:\/\/schema.org\", \"audience\": {\"@type\": \"Audience\", \"audienceType\": \"Adults in Texas and family members of people who have been arrested, investigated, or charged with a crime\"}, \"headline\": \"Texas Crime Lawyer: What Happens After a Charge\", \"publisher\": {\"@type\": \"Organization\", \"@id\": \"https:\/\/barbierilawfirm.com\/guides\/#organization\", \"name\": \"Barbieri Law Firm\", \"url\": \"https:\/\/barbierilawfirm.com\/\"}, \"speakable\": {\"@type\": \"SpeakableSpecification\", \"cssSelector\": [\"article > p:first-of-type\", \".wp-block-details p\", \"article > h1\"]}, \"areaServed\": {\"name\": \"Texas\", \"@type\": \"State\"}, \"inLanguage\": \"en-US\", \"description\": \"A plain-language explainer of what a Texas crime lawyer does after an arrest or charge, covering bond, questioning, evidence review, the State's burden of proof, and how to judge whether a defense lawyer fits a case.\", \"reviewedBy\": {\"@type\": \"Person\", \"name\": \"Carrie Thomas\", \"jobTitle\": \"Managing Attorney\", \"sameAs\": [\"https:\/\/www.texasbar.com\/AM\/Template.cfm?Section=Update_My_Profile&Template=\/CustomSource\/AttorneySearch\/MainProfileView.cfm&CFID=16102400&CFTOKEN=de0a8b038ec3c7b5-2AB4B1CB-5056-9551-D4D5BC06D0A3DEE5\"]}, \"@type\": \"Article\", \"image\": \"https:\/\/barbierilawfirm.com\/guides\/wp-content\/uploads\/2026\/10\/texas-crime-lawyer-what-happens-after-a-charge-a-realistic-n-photo.jpg\"}, {\"@context\": \"https:\/\/schema.org\", \"@type\": \"BreadcrumbList\", \"itemListElement\": [{\"@type\": \"ListItem\", \"position\": 1, \"name\": \"Home\", \"item\": \"https:\/\/barbierilawfirm.com\/guides\/\"}, {\"@type\": \"ListItem\", \"position\": 2, \"name\": \"Online Sex Crimes Defense Lawyer\", \"item\": \"https:\/\/barbierilawfirm.com\/guides\/online-sex-crimes-defense-lawyer\/\"}, {\"@type\": \"ListItem\", \"position\": 3, \"name\": \"Texas Crime Lawyer: What Happens After a Charge\", \"item\": \"https:\/\/barbierilawfirm.com\/guides\/online-sex-crimes-defense-lawyer\/crime-lawyer\/\"}]}]","chg_meta_description":"Learn what a Texas crime lawyer does after an arrest or charge, from bond and questioning to evidence review. 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