Critical Defenses for Felony Charges in Criminal Defense Cases
Felonies bring the possibility of long-term consequences, including incarceration, fines, and collateral effects that can follow a person for years. If you've been charged with a felony, the right legal strategy can help you challenge the prosecution’s case, weaken their claims, and create better outcomes.
Facing felony charges can leave anyone feeling overwhelmed, uncertain, and worried about the future. It’s natural to feel fear, confusion, and frustration when life suddenly shifts because of an arrest or criminal accusation. At Garcia & Ramires, PLLC, we are committed to providing skilled representation to help you build a strong case. With offices in Arlington, Fort Worth, and Dallas, Texas, we serve clients throughout the state. Reach out to us today.
Types of Affirmative Defenses You Can Use for Felony Charges
Affirmative defenses are arguments you can make in court in which you provide a legal reason why you shouldn't be held responsible for the charge or should face lesser consequences. These defenses can significantly shift the direction of your case. The types of affirmative defenses that Texas recognizes include the following.
Self-Defense and Defense of Others
If you acted to protect yourself or someone else from harm, the law allows for justifiable force under certain circumstances. These situations often arise quickly, leaving little time to think. What matters is whether you had a reasonable belief that force was necessary.
Self-defense can be effective in cases involving assault, aggravated assault, or homicide-related charges. Our attorneys can carefully evaluate the circumstances, physical evidence, witness statements, and any history between the parties.
Duress
In some felony cases, you may have only committed a criminal act because you were forced or threatened by someone else. Duress applies when you reasonably believe you must commit the act to avoid immediate danger. For many clients, this defense reflects the pressure and fear they were experiencing at the time of the incident.
Mistake of Fact
This defense argues that you acted under an honest misunderstanding of a situation. If the mistake is reasonable, it can invalidate the state’s claims of criminal conduct.
If you plan to use an affirmative defense in your case, you will need to provide careful evidence of the facts, supporting documents, and available testimony. By presenting a well-supported argument, you strengthen your case to pursue the outcome you want.
Strategies You Can Employ to Defend Against Felony Charges
If you have been accused of a felony, you have options under the law to challenge the charges against you. Some of the ways you and your attorney can do so include the following.
Examine Constitutional Violations
Constitutional protections apply to every person, regardless of the allegations they face. Any violations of those rights can significantly weaken felony charges and, in many cases, result in evidence being suppressed. Some of the most common constitutional issues involve improper searches, unlawful arrests, and violations during interrogation.
Illegal searches and seizures: Law enforcement must follow strict rules when searching your home, vehicle, or personal belongings. If they overstep their authority or conduct a search without proper legal justification, the evidence they gather may be excluded.
Miranda violations: If police question you without advising you of your rights, statements made afterward may be inadmissible.
Unlawful traffic stops or detentions: If an officer lacked reasonable suspicion or probable cause to stop or detain you, any evidence gathered afterward can be challenged.
Leverage Scientific and Forensic Challenges
Forensic evidence is often viewed as reliable, but it isn’t flawless. Mistakes can occur at any stage, from collection to testing to interpretation. Forensic evidence must be handled carefully to maintain accuracy. Any break in procedure can undermine its reliability. Some common forensic issues that you could potentially challenge in a felony case include:
Faulty testing procedures: Lab mistakes, contamination, or poorly calibrated equipment can lead to misleading results.
Improper evidence handling: When chain-of-custody records contain gaps, it raises doubts about whether the evidence was handled correctly.
Questionable interpretations: Even when data is accurate, analysts may interpret results in ways that don’t align with scientific standards.
Overstated conclusions: Some reports may present findings as definitive when they’re only probabilities.
By highlighting these concerns, our attorneys can help determine whether the forensic evidence was as reliable or as strong as the prosecution claims. This can significantly benefit the overall criminal defense strategy for felony charges.
Present Alibi Evidence
Alibi evidence shows that you were somewhere else at the time of the alleged crime. This defense, when supported with credible details, can be one of the strongest arguments in felony cases. Alibi evidence may include:
Receipts, time-stamped photos, or digital records.
Testimony from people who saw the accused at another location.
Security footage or vehicle data.
When examining alibis, you should look at every possible source to confirm where you were and when. Presenting clear, consistent information can make it difficult for the prosecution to maintain its claims against you.
Address Mental State and Intent
Intent is a crucial element in many felony cases. For some charges to hold up in court, the prosecution must show that you meant to commit the act. If intent is missing, the foundation of the charge collapses.
Lack of intent: You may act without meaning to cause harm or wrongdoing. If the prosecution can’t demonstrate intent, it becomes challenging for them to move forward.
Mental health considerations: In some cases, your mental state at the time may affect your ability to form intent. This isn’t about labeling or judgment—it’s about understanding whether legal responsibility applies under the circumstances.
These arguments, when supported with documentation or testimony, can lend more credence and strength to your defense.
Address Police Misconduct or Investigative Errors
Not every investigation is conducted carefully. When law enforcement makes mistakes, those errors may influence how evidence is collected, processed, or interpreted. Investigative problems in felony cases may include:
Failure to follow procedure: Officers may skip required steps or overlook critical details.
Coercive interrogation methods: Pressuring suspects can lead to unreliable statements.
Incomplete evidence collection: Important items may be overlooked or omitted.
Misreporting or inaccurate documentation: Errors in reports can lead to significant problems in court.
When these issues arise, our attorneys can highlight them to show that the case may not be as strong as the prosecution suggests. This strengthens the protection we provide through effective criminal defense advocacy.
Contact an Experienced Criminal Defense Attorney in Texas Today
Felony charges may feel overwhelming, but strong defenses exist that can make a meaningful difference. From constitutional protections to alibi evidence and forensic challenges, every angle matters when your freedom and future are in the balance.
At Garcia & Ramires, PLLC, our experienced criminal defense attorneys work with clients in Arlington, Fort Worth, and Dallas, Texas, to develop strategies tailored to their circumstances and push for the best possible outcome. If you or someone you know is facing accusations and needs guidance, reach out to us today to discuss how we can move forward.
