Understanding Insurrection Charges in Texas What Does the Law Say

If you are facing insurrection charges in Texas, you are likely feeling confused and overwhelmed. The laws surrounding insurrection can be complex, and navigating the legal system can seem daunting. It is important to understand that you are not alone during this time. Our firm is here to help guide you through this process with empathy and expertise, ensuring that you have the support you need to achieve the best possible outcome in your case.

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What Is Insurrection and How Is It Defined in Texas

Insurrection is a serious charge under both federal and state law. In simple terms, insurrection refers to an act of rebellion or uprising against the government. In Texas, insurrection can include actions such as attempting to overthrow the state government or the federal government through force, violence, or illegal means. The law is designed to protect the integrity of governmental institutions and ensure that people do not take the law into their own hands to challenge the authority of the state.

Under Texas Penal Code, insurrection is considered a treasonous act, and those charged with insurrection can face severe penalties. It is important to understand that insurrection is not just about the act of violent rebellion but can also involve conspiracy to engage in such acts. Even if a person did not directly participate in the rebellion but encouraged or assisted in any way, they could still be charged with insurrection.

Attorney Deandra Grant

Deandra M. Grant

Managing Partner

Douglas E. Huff

Partner & Criminal Division Chief

Johnny Lanzillo

Criminal Division Senior Associate

Makenzie Zarate

Criminal Division DWI Trial Chief

Texas Attorney Kevin Sheneberger

Kevin Sheneberger

Criminal Division Associate

The Legal Consequences of an Insurrection Charge

Being charged with insurrection is a serious matter. If convicted, a person could face significant prison time and heavy fines. Insurrection is classified as a felony in Texas, and depending on the nature and scale of the rebellion, the penalties can range from many years in prison to life imprisonment. Additionally, individuals convicted of insurrection may be stripped of certain rights, such as the right to vote or own firearms.

The legal consequences go beyond just prison time. An insurrection conviction can affect a person’s future in many ways. It can lead to a permanent criminal record that may make it difficult to find employment, secure housing, or travel abroad. The stigma associated with an insurrection charge can follow a person for the rest of their life.

Defending Against Insurrection Charges in Texas

If you are facing charges of insurrection in Texas, it is essential to have an experienced attorney by your side. Defending against insurrection charges requires a deep understanding of both state and federal law. Your attorney will investigate the details of your case, gather evidence, and develop a defense strategy aimed at achieving the best possible result.

One possible defense in insurrection cases involves challenging the evidence presented by the prosecution. If the evidence is weak or does not clearly demonstrate your involvement in the insurrection, your attorney may be able to have the charges reduced or dismissed. Additionally, if there is evidence that you were not part of the insurrection or were coerced into participating, your attorney can use that to argue for your innocence.

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In some cases, your attorney may argue that your actions did not meet the legal definition of insurrection. For example, if you were involved in peaceful protest or dissent against the government, your attorney may be able to argue that this was protected under the First Amendment, which guarantees freedom of speech and assembly.

What You Need to Know About the Legal Process

Understanding the legal process when facing insurrection charges can help reduce feelings of uncertainty and fear. Once you are charged with insurrection, the process typically begins with an arraignment. This is where you will be formally read the charges against you, and you will have the opportunity to enter a plea. After the arraignment, a pretrial hearing may take place where your attorney can challenge the evidence or negotiate a plea deal with the prosecution.

If the case proceeds to trial, your attorney will present your defense, and the prosecution will present its case. Both sides will argue before a judge or jury, who will then determine your guilt or innocence. If you are convicted, the judge will impose a sentence, which may include prison time, fines, or other penalties.

Throughout the process, it is important to have a strong legal advocate who understands the complexities of insurrection charges and who will fight for your rights at every step.

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The Importance of Legal Representation in Insurrection Cases

When facing insurrection charges, it is vital to have skilled legal representation. The complexities of such cases can be overwhelming for individuals who are unfamiliar with the legal system. Without the proper legal advice and guidance, there is a real risk of facing severe consequences. A knowledgeable attorney can evaluate the strength of the prosecution’s case, identify potential weaknesses, and ensure that your rights are fully protected throughout the entire process.

The legal team at our firm is well-versed in defending individuals against insurrection charges in Texas. We understand the intricacies of state and federal law and will carefully examine every aspect of your case. Whether it involves challenging the evidence or negotiating a plea agreement, we will explore every avenue to secure the best possible outcome for you. Our goal is to ensure that you have the support you need to navigate the legal system and protect your future.

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

What Happens After a Conviction

While we work tirelessly to prevent a conviction, it’s essential to understand the potential outcomes if a conviction does occur. If you are convicted of insurrection, the penalties can be severe. However, even after a conviction, there may be options for reducing the sentence or appealing the case. Our firm is committed to exploring all possible avenues, including post-conviction relief, to mitigate the effects of a conviction. We understand the lasting impact that a conviction can have on your life, and we will continue to fight for your rights even after the trial is over.

Facing insurrection charges in Texas is no small matter, but you do not have to face it alone. We understand that this is a stressful and uncertain time for you, and we are here to offer our support and guidance. Our legal team is committed to helping you navigate the challenges ahead and working towards the best possible outcome in your case.

At our firm, we take a comprehensive approach to defending clients facing insurrection charges. We will thoroughly investigate your case, analyze the evidence, and work tirelessly to develop a strategy that supports your defense. We understand the gravity of these charges, and we are here to provide the expert representation you need to achieve a successful result.

If you or a loved one is facing insurrection charges in Texas, do not hesitate to contact us. Our team is ready to stand by your side and help you through this challenging time. We will fight for your rights and work towards a solution that protects your future. Contact our firm today to schedule a consultation and learn more about how we can assist you with your case.

To learn more about this subject click here: How Can You Defend Yourself If You Are Charged with Insurrection in Texas?

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