What Violent Crime Charges Does Herman Martinez Defend in Houston?
Herman Martinez defends all violent crime charges in Houston — including aggravated assault §22.02 (2nd degree felony, 2–20 years), robbery §29.02 (2nd degree felony, 2–20 years), aggravated robbery §29.03 (1st degree felony, 5–99 years), murder §19.02 (1st degree felony, 5–99 years or life), and capital murder §19.03 (death or life without parole) in Harris County state and federal courts. Anyone facing any of these charges needs a violent crimes lawyer Houston can trust to evaluate the exact statute and enhancement exposure before any strategy is set.
Assault with a deadly weapon or causing serious bodily injury. A second-degree felony (first-degree if against a family member or public servant) — 2 to 20 years in prison.
Robbery is a second-degree felony. With a deadly weapon or against an elderly person, it becomes a first-degree felony — 5 to 99 years or life. Herman challenges identification, intent, and the sufficiency of witness testimony. A violent crimes lawyer Houston clients hire treats every identification as independently contestable rather than assumed reliable.
Murder is a first-degree felony (5 to 99 years or life). Capital murder carries life without parole or the death penalty. Herman builds the strongest possible defense — challenging cause of death, intent, identification, and mitigating circumstances. A violent crimes lawyer Houston depends on for the highest-stakes cases prepares every angle of the defense from day one.
Manslaughter (reckless conduct causing death) is a second-degree felony. Criminally negligent homicide is a state jail felony. Herman challenges whether the required mental state was truly present.
Entering a home without consent with intent to commit a crime is a first-degree felony. Herman challenges the element of "intent to commit" and questions whether entry was consensual or circumstances mitigate the charge.
Discharging a firearm recklessly or threatening violence can be charged as a felony. Herman defends these charges through self-defense claims, First Amendment arguments, and intent challenges.
What Is Herman's Defense Approach for Violent Crime Cases in Houston?
Violent crime cases are built on witness identification, physical evidence, and often a combination of eyewitness accounts and surveillance footage. All three have significant weaknesses that an experienced defense attorney exploits. This three-part vulnerability is exactly what an effective violent crimes lawyer Houston relies on is trained to exploit:
Eyewitness misidentification is the leading cause of wrongful convictions. Herman challenges lineup procedures, cross-racial identification, and the conditions under which the witness observed the event.
Herman works with forensic experts to challenge DNA analysis, fingerprint evidence, ballistics reports, and wound pattern interpretations that don't align with the prosecution's narrative.
Texas's Castle Doctrine and Stand Your Ground law protect those who use force against a credible threat. Herman builds the factual record to support self-defense and presents it compellingly to judges and juries. A violent crimes lawyer Houston clients trust builds this factual record early, well before any hearing date is set.
Many violent crime charges depend on proving intentional or knowing conduct. Herman challenges the prosecution's theory of mental state and pursues lesser-included offense arguments where applicable.
"When I was a prosecutor, I built violent crime cases. Now I dismantle them. I know which witnesses prosecutors rely on, which physical evidence they trust too much, and where their theories of the crime are vulnerable. That inside knowledge is what your defense needs." This is exactly why so many families searching for a violent crimes lawyer Houston choose Herman Martinez by name.
When violent crime charges overlap with assault, Herman applies the same defense principles across charge levels — from misdemeanor assault to first-degree felony. See the full breakdown on assault charges in Houston and aggravated assault defense for the specific statutes and penalty ranges that apply at each level. A violent crimes lawyer Houston relies on for cross-charge cases applies the same rigorous defense principles across every overlapping charge.
Violent Crime Defense Questions
Texas Penal Code §9.31 and §9.32 allow you to use force — including deadly force — to protect yourself in your home, vehicle, or workplace without a duty to retreat. If someone unlawfully entered your space and you responded with force, Herman builds a Castle Doctrine defense based on the exact circumstances of the intrusion and the reasonableness of your response. A violent crimes lawyer Houston clients hire evaluates self-defense claims like this at the very first consultation.
Yes — Texas allows conviction based solely on witness testimony. But without physical evidence, the defense has more room to challenge identification, motive attribution, and the credibility of witnesses. Herman's cross-examination of eyewitnesses in violent crime cases is among the most powerful tools in the defense arsenal.
Texas law allows "party liability" — you can be convicted for an offense committed by someone else if you solicited, encouraged, directed, aided, or attempted to aid the other person. Herman fights party liability cases vigorously by establishing the limits of your involvement and challenging the state's evidence of intent to assist. A violent crimes lawyer Houston depends on for party-liability defense treats every alleged act of assistance as a separate, contestable element.
Yes — Texas has both a Castle Doctrine and a broader Stand Your Ground provision. Under §9.31, there is no duty to retreat in any place you have a legal right to be, as long as you did not provoke the attack and you are not engaged in criminal activity. Herman evaluates Stand Your Ground in every violent crime case where the defendant had a right to be in the location where the force was used.
Party liability under Texas Penal Code §7.02 allows prosecution for another person's crime if you solicited, encouraged, directed, aided, or attempted to aid the offense — even without personally committing the act. Defense strategies include showing you had no knowledge of the other person's criminal intent, that you were merely present without participation, or that the agreement between you and others did not include the specific offense charged.
Robbery is a 2nd degree felony (2–20 years) — theft plus bodily injury or threat of force to another. Aggravated robbery is a 1st degree felony (5–99 years or life) — robbery plus a deadly weapon, serious bodily injury, or robbery of an elderly/disabled person. Herman challenges both the theft elements and the force elements in robbery cases, and the deadly weapon designation specifically in aggravated robbery cases.
Yes — and this is one of the most powerful defense tools available. Decades of research show eyewitness identification is frequently unreliable, particularly across racial lines, under stress, with poor lighting, or where the lineup procedure was suggestive. Herman files motions to suppress tainted lineups and photo arrays, cross-examines witnesses on the conditions of identification, and presents expert testimony on eyewitness reliability when warranted.
If the state alleges the offense was committed as part of a "criminal street gang," the charge can be elevated one degree under Texas Penal Code §71.023. A 2nd degree felony becomes a 1st degree; a 1st degree becomes a more severe 1st degree with a higher minimum. Herman challenges gang membership allegations through the lack of documented membership, challenging identification as a gang member, and contesting whether the offense was actually conducted in furtherance of gang activity.
Theft is taking property without consent. Robbery adds a person — you must use or threaten bodily injury against another person while committing theft. The presence of a victim and the use of force or intimidation elevates theft to robbery (2nd degree felony) or aggravated robbery (1st degree felony). Herman challenges whether force was actually used in the manner charged and whether the theft and use of force occurred together as required. A violent crimes lawyer Houston clients trust treats this force-and-theft timing element as a distinct, separately winnable dispute.
Critical. Physical evidence at the scene degrades or disappears, surveillance footage is overwritten within days, and witnesses' memories fade quickly. Herman can intervene before charges are filed in some violent crime cases — gathering evidence, interviewing witnesses, and presenting the defense version of events to prosecutors before the case is fully built. The earlier Herman is involved, the more options the defense has. Reaching a violent crimes lawyer Houston families trust within the first 24 hours after an arrest protects every available option.