Fort Worth, TX asked in Criminal Law for Texas

Q: Does the successful assertion of a defense to prosecution mean the actions do not constitute a crime?

Example: self-defense (TPC 9.31). If the trier of fact believes to the necessary standard that your actions were necessary to defend yourself from harm, are those actions no longer a criminal act, or is the action still a crime, for which the defense simply precludes prosecution?

The hair is being split because other statutes, i.e. mistake of law (TPC 8.03) or unlawful carry of weapons (46.02, specifically (a-1)(2)(A)), imply in plain reading that the actor must be, or must believe they are, committing no crime. If the actor is taking an action defined as a crime, but for which they have a ready defense to prosecution, if the action is still a crime, then the remedies of these other statutes are not available.

Related Topics:
2 Lawyer Answers
Roy Lee Warren
Roy Lee Warren
Answered
  • Criminal Law Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: If a person is acquitted of the crime for which they are charged with they will not have a criminal record because the defense, for whatever reason, was successful. I hope this answers your question.

Tim Akpinar and Kiele Linroth Pace agree with this answer

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: I agree with attorney Roy Lee Warren that lack of a conviction means no criminal record, but I would point out that any arrest records would still need to be expunged before the person's record was truly "clean" again.

Your question could be rephrased, "If a person can't be convicted, does that mean they committed no crime?" If that is not the question you intended to ask then perhaps rephrase the question.

Anyway, the answer is "sometimes, but not always." For example, if the state fails to prove every element of any offense* beyond a reasonable doubt then the person did not commit any crime. On the other hand, the prosecution of a person who actually DID commit the crime could none-the-less be barred by limitations, or it could be effectively prevented by suppression of illegally obtained evidence, or there could be a speedy trial or due process violation, just to name a few reasons.

Frankly, this sounds a bit like a homework question. I don't want to give you the answer but I can point out some flaws in your analysis:

1. Misstatement of the Self Defense statute in a way only a prosecutor could love.

2. Conflating a defense to prosecution with an affirmative defense, and they are VERY different vis-a-vis the burden.

3. Then conflated those two types of defenses with an element of the UCW offense.

4. And inverted the mens rea for UCW in a way that changes the meaning.

Also, please be aware that nothing really PRECLUDES prosecution. You can be 100% innocent and still be forced to defend yourself at trial against a wrong-headed prosecutor. You won't know whether your defense to prosecution worked until the jury returns its verdict. In a situation like that, there is a decent chance you will be convicted anyway, especially if you are representing yourself or relying on court-appointed counsel.

* I mean for "Any Offense" to include all "lesser included" offenses, but that is a different topic.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.