What Are Crimes Against the Person?

Crimes against the person are criminal offenses that cause or threaten direct physical or psychological harm to another individual. These charges differ from crimes against property, crimes against society, and white-collar crimes because they target human beings rather than belongings, public order, or financial systems. In Texas, the Penal Code Title 5 ("Offenses Against the Person") organizes these charges into chapters covering criminal homicide, kidnapping, sexual offenses, and assaultive offenses. The numbers paint a stark picture: Texas reported a violent crime rate of 389 per 100,000 people in 2024, which is 8.4% higher than the national average, with aggravated assaults making up 69.5% of all violent crimes statewide (USAFacts / FBI data). Houston recorded the highest homicide rate of any Texas city in 2024 at 13.80 per 100,000 residents, with 320 murders (FBI Crime Data Explorer).

At LaVine Law Firm, we defend individuals accused of crimes against persons in Houston and Harris County. Our criminal defense attorneys bring years of experience to these high-stakes cases. We understand how the criminal justice system works, and we fight to protect the rights of every client we represent.

How Texas Law Defines and Classifies Crimes Against the Person

Texas categorizes crimes against the person under Title 5 of the Penal Code. These offenses range from misdemeanor assault to capital murder, and each carries distinct elements the prosecution must prove. Understanding these classifications is the first step in building a strong defense. Below, we break down the specific offense categories that fall under this area of Texas law.

Criminal Homicide Offenses (Chapter 19)

Criminal homicide is the unlawful killing of another person under Texas Penal Code Chapter 19. Texas recognizes four types of homicide offense, and each one depends on the defendant's mental state at the time of the act. The concepts of mens rea (guilty mind) and actus reus (guilty act) sit at the center of every homicide case. The prosecution must prove both elements to secure a conviction.

Texas law defines these four types of criminal homicide:

• Murder (§19.02): A person commits first-degree murder or second-degree murder by intentionally or knowingly causing the death of another individual, or by causing death during a felony. This is a second-degree felony that carries 5 to 99 years or life in prison. Premeditated murder with malice aforethought leads to the harshest sentences within this category.
• Capital Murder (§19.03): This charge applies when murder involves aggravating factors. Examples include killing a peace officer, murder during kidnapping, robbery, or sexual assault, murder of a child under 10, and cases with multiple victims. Capital murder is punishable by life without parole or death sentences.
• Manslaughter (§19.04): Voluntary manslaughter occurs when a person recklessly causes the death of another. Criminal recklessness means the defendant knew the risk and ignored it. This is a second-degree felony. Involuntary manslaughter, by contrast, involves a lower level of awareness but still results in someone's death.
• Criminally Negligent Homicide (§19.05): This charge applies when a person causes death through criminal negligence. The defendant failed to perceive a substantial risk that a reasonable person would have recognized. This is a state jail felony.

The key distinction between these charges lies in the mental state: intentional, knowing, reckless, or negligent. Each mental state determines the severity of the charge and the potential jail time. We defend clients against all levels of homicide charges at LaVine Law Firm, including capital murder cases, where we have secured not guilty verdicts. Our criminal defense attorney team prepares every case with the same level of intensity, whether the charge is criminally negligent homicide or first-degree murder.

Kidnapping, Unlawful Restraint, and Trafficking (Chapter 20 & 20A)

Kidnapping under Texas Penal Code §20.03 means intentionally or knowingly abducting another person. Texas classifies this as a third-degree felony. False imprisonment and related restraint charges also fall under this chapter. These offenses carry severe penalties because they involve the total loss of another person's freedom.

The specific charges and penalties break down as follows:

• Aggravated Kidnapping (§20.04): Kidnapping with intent to hold for ransom, use as a shield, inflict bodily injury, sexually abuse the victim, or terrorize. This is a first-degree felony carrying 5 to 99 years or life in prison.
• Unlawful Restraint (§20.02): Falsely imprisoning or restraining another person without consent. This starts as a Class A misdemeanor but rises to a state jail felony or third-degree felony based on circumstances, such as when the victim is a child under 17 or when physical force is involved.
• Trafficking of Persons (§20A.02): Compelling another person into forced labor, involuntary servitude, or sexual exploitation through force, fraud, or coercion. This is a first-degree felony with enhanced penalties. Human trafficking cases are among the most aggressively prosecuted criminal offenses in Texas.
• Continuous Trafficking of Persons (§20A.03): Two or more trafficking offenses over 30 or more days. This is a first-degree felony that carries 25 to 99 years or life in prison.

These charges often overlap with federal offenses, which increases complexity. A defendant may face both state charges and charges in federal court at the same time. At LaVine Law Firm, our experience with both state and federal courts gives our clients a critical advantage. We understand the legal systems at every level and build defenses that address each jurisdiction.

The Child Abduction Act 1984 and similar statutes in other legal systems also address related offenses involving minors. In Texas, Chapter 200 and Title 15 of the federal code cover additional protections for an Indian child, Indian Tribe interests, and cases involving a Federal agency. We stay current on all applicable laws so we can defend clients facing charges under any statute.

Assaultive Offenses and Sexual Crimes Under Texas Law

Assaultive offenses and sexual crimes make up the majority of crimes against the person prosecuted in Texas. These criminal charges span a wide range of severity, from misdemeanor simple assault to first-degree felony aggravated sexual assault. Below, we break down the specific charges, penalties, and defense strategies for each category.

Assault and Aggravated Assault (Chapter 22)

Simple assault under §22.01 covers three types of conduct: intentionally, knowingly, or recklessly causing bodily injury; threatening someone with imminent bodily injury; or causing physical contact the offender knows is offensive. This starts as a Class A misdemeanor. However, the charge rises to a felony when committed against certain victims, including family members, public servants, and emergency workers.

Aggravated assault under §22.02 is a more serious charge. The prosecution must prove one of two elements: the defendant caused serious bodily injury, or the defendant used or showed a deadly weapon during the assault. This is a second-degree felony. It rises to a first-degree felony when committed against family members, public servants, witnesses, or in domestic violence offense contexts.

Several related offenses also fall under Chapter 22:

• Injury to a Child, Elderly, or Disabled Person (§22.04): Ranges from a state jail felony to a first-degree felony based on the defendant's mental state and the severity of the injury. The mental capacity of the victim plays a role in how prosecutors charge these cases.
• Deadly Conduct (§22.05): Reckless endangerment that places another person in immediate danger of serious bodily injury. This includes firing a weapon in the direction of another person or a group.
• Terroristic Threat (§22.07): Threatening violence to cause fear, disrupt public services, or place people in fear of serious bodily injury. Law enforcement takes these threats seriously, even when no physical contact occurs.

The "family violence" enhancement deserves special attention. When assault charges involve household members, the consequences rise sharply. Domestic violence offenses trigger protective orders and firearm restrictions that last well beyond the sentence. A conviction can affect custody, housing, and future criminal charges.

We have a strong track record defending clients accused of aggravated assault and domestic violence. Our legal counsel has secured not guilty verdicts in assault family member cases. We challenge every piece of evidence, question witness credibility, and fight for the best possible outcome at every stage of the judicial process.

Sexual Assault and Related Offenses (Chapter 21 & 22)

Sexual assault under §22.011 means intentionally or knowingly causing penetration without the other person's consent. Texas classifies this as a second-degree felony with a penalty range of 2 to 20 years. Sexual offences carry some of the harshest consequences in the entire criminal justice system. A conviction changes every aspect of a person's life.

Aggravated sexual assault under §22.021 adds aggravating factors that increase the severity. These factors include:

• Use of a deadly weapon during the assault
• Causing serious bodily injury to the victim
• Drugging the victim (administering poison or a date rape drug)
• The victim being a child under 14, elderly, or disabled

This is a first-degree felony punishable by 5 to 99 years or life in prison. The Female Genital Mutilation Act 2003 and the Offences against the Person Act 1861 address related offenses in other legal systems. In Texas, sex offense laws carry distinct penalties outlined in the Penal Code.

Several related offenses under Chapter 21 also carry heavy penalties:

• Continuous Sexual Abuse of a Child (§21.02): Two or more acts of sexual abuse over 30 or more days against a child under 14. This is a first-degree felony carrying 25 to 99 years or life, with no parole eligibility. Pornography involving children and child pornography charges may also arise in connection with these cases.
• Indecency with a Child (§21.11): Sexual contact with or exposure to a child under 17. This is a second-degree or third-degree felony depending on the conduct.
• Indecent Assault (§22.012): Non-consensual touching without penetration. This is a Class A misdemeanor.

The collateral consequences of a sex crime conviction are devastating. They include sex offender registration, residency restrictions, loss of parental rights, and lifetime stigma. These cases often hinge on forensic evidence, witness credibility, and digital evidence such as wire or radio communications, an IP address, or data from a security system. A skilled criminal defense attorney can challenge the prosecution's case on all of these fronts. We represent clients accused of sexual assault at LaVine Law Firm, and we fight to protect both their freedom and their future.

Frequently Asked Questions About Crimes Against the Person in Texas

Contact LaVine Law Firm for Experienced Criminal Defense Representation

Crimes against the person carry life-altering consequences. A conviction for assault, homicide, sexual assault, or kidnapping can mean decades in prison and a permanent criminal record. Early legal representation is critical because evidence preservation, witness availability, and pretrial strategy all depend on acting fast. Every day without a legal professional working on your case puts you at greater risk.

At LaVine Law Firm, we bring proven results to every case we handle. We have secured over 700 cases dismissed and not guilty verdicts in murder, aggravated assault, and assault family member cases. Super Lawyers and peer-nominated legal organizations recognize our work in the legal community. We offer free confidential consultations, affordable payment plans, and 24/7 availability for urgent matters.

Call us at 713-489-7734 to speak with a criminal defense attorney who will fight for your rights. We serve clients in Houston, Harris County, Fort Bend County, Montgomery County, Galveston County, and surrounding Texas communities. Do not face these charges without experienced defense counsel on your side. Better Call Brian.