In Texas, crimes of violence can often result in very harsh punishments. This is because the evidence can be very shocking to a jury. The prosecutors will show the jury the weapon, crime scene photographs, and the jury will hear evidence from the victim if they lived, as well as crime scene investigators, DNA and ballistic experts, and, often times, the family of the victims. It is crucial to find a skilled lawyer, experienced with handling these types of cases and who understands the law, how to cross examine the prosecutor’s experts and challenge the testimony of crime scene investigators, regarding not only their interpretation of what the evidence shows, but also the protocol followed in the collection, storage and testing of the evidence (chain of custody).
Having served as a prosecutor and Elected District Attorney for 23 years, Matt Bingham is one of the most qualified lawyers in East Texas to work cases involving violent crimes. He has successfully argued many of the highest profile criminal cases in East Texas. He has tried to a jury over 150 felony cases and 25 murder, capital murder, and death penalty cases. Nearly every type of criminal case has passed through his office. Now, as a criminal defense attorney, Matt Bingham is equipped and ready to handle your case, no matter how complex.
Attorney Matt Bingham is equipped to effectively argue on your behalf any violent crime charges you face, including the following:
In Texas, a person commits misdemeanor assault, if the person: (1.) intentionally, knowingly, or recklessly causes bodily injury to another; (2.) intentionally or knowingly threatens another with imminent bodily injury, or (3.) intentionally causes physical contact with another when the person knows or should have known that the other would regard the contact as offensive.
A person commits aggravated assault if the person commits the misdemeanor offense of assault, and the person: (1.) causes serious bodily injury to another, or (2.) uses or exhibits a deadly weapon during the commission of the assault.
It is important to remember that the actor never has to use the deadly weapon, and the alleged victim does not have to be injured for the prosecutor to charge you with aggravated assault. If the actor only threatens another with imminent bodily injury and exhibits a deadly weapon, he can be charged with aggravated assault.
A deadly weapon, whether used or only exhibited, is a firearm, or any object that in its manner and means of use or intended use is capable of causing serious bodily injury or death.
Aggravated assault is usually charged as a second degree felony, but there are times the prosecutor can, based on the facts, seek an indictment for a first degree felony. A second degree felony is punishable by not less than 2, nor more than 20 years in prison and a fine not to exceed $10,000. A first degree felony is punishable by not less than 5, nor more than 99 years or Life in prison, and a fine not to exceed $10,000. If the prosecutor alleges a deadly weapon, and the jury makes a finding that a deadly weapon was used, the defendant will be required to serve one-half of his sentence or thirty years, whichever is less, before becoming eligible for parole.
If you are charged with the offense of aggravated assault, you need a trial lawyer who will carefully evaluate all the evidence, investigate and question the motives of the alleged victim, and develop your defense to these allegations. Additionally, you must have a lawyer who is experienced in not only the presentation of DNA, ballistics, blood spatter evidence and crime scene evidence collection, but who is experienced in challenging this type of evidence as well.
Some possible defenses for aggravated assault charges, depending on the facts and evidence of the case, may include self-defense, lack of intent, mistake of fact, and defense of property.
A person commits the offense of robbery if, during the course of committing Theft, he: (1.) intentionally, knowingly or recklessly causes bodily injury, which is nothing more than physical pain, to another, or (2.) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
Robbery can occur as easily as someone shoplifting a $10.00 pair of socks, and as he is running out of the store, he accidentally runs into a security guard and knocks him down. A person can face from between two and twenty years in prison for a situation as minor as this.
If you are charged with the offense of robbery, you need to hire an experienced criminal defense lawyer who has handled these types of cases before and will aggressively challenge the prosecutor’s case and fight for your freedom.
A person commits aggravated robbery, when he commits the offense of robbery, and he: (1.) causes serious bodily injury to another; (2.) uses or exhibits a deadly weapon, or (3.) causes bodily injury to another person, or threatens or places another in fear of imminent bodily injury or death if the other person is over the age of 65 or disabled.
Aggravated robbery is a first degree felony punishable by 5 to 99 years, or Life, and a fine not to exceed $10,000. If the prosecutor alleges that a deadly weapon was used, and the jury finds this is true, the defendant will have to serve one-half of his sentence or thirty years, whichever is less, before becoming eligible for parole.
Matt Bingham has the experience necessary to look at the facts, challenge the evidence, and aggressively defend you if you are charged with the crime of arson.
Matt Bingham participated in the investigation of, and was the prosecutor who handled, the most prolific arson cases in East Texas history. This was the case of the church arsonists, who burned numerous churches in Smith County and East Texas. The investigation lasted weeks and involved the Texas Rangers and numerous other law enforcement agencies around East Texas. It culminated in the successful prosecution of both individuals involved in the multiple church arsons.
A person commits arson if he starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage: (1.) vegetation, fence, or structure on open land, or (2.) any building, habitation or vehicle.
Arson is a second degree felony, except it is a first degree felony if: (1.) death or bodily injury was suffered by any person as a result of the arson, or (2.) the property intended to be damaged or destroyed was a habitation or place of worship.
The law surrounding the crime of arson is complex, as is the defense of this type of case. The lawyer who represents you should absolutely be experienced in the origin and cause of fires. He should be familiar with, and retain, arson experts who can review the evidence and testify on your behalf, if necessary.
If you have been arrested and are facing charges for any violent crime, you need an experienced violent crime or aggravated assault lawyer on your side. Call the office of Matt Bingham today to schedule your consultation.