What is the Law of Parties in Texas Felony Cases?

Under Texas law, you can be charged and convicted of a felony even if you didn’t personally commit the crime.

This legal concept, known as the Law of Parties, allows prosecutors to hold individuals criminally responsible if they helped plan, encourage, direct, aid, or attempt to aid someone else in committing a felony offense.

This means that getaway drivers, lookouts, and others who assist in a crime can face the same serious penalties as the person who actually carried out the illegal act.

What is the Texas Law of Parties?

The Texas Law of Parties, codified in Section 7.02 of the Texas Penal Code, expands criminal responsibility beyond the person who directly commits an offense.

This law states:

“(a) A person is criminally responsible for an offense committed by the conduct of another if:

 
(b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy. In this subsection, “conspiracy” means an agreement between two or more persons to commit a felony.”

When Does the Law of Parties Apply in Felony Cases?

The Law of Parties can apply in various felony cases, including but not limited to:

• Robbery
• Burglary
• Murder
• Drug trafficking
• Aggravated assault

For the Law of Parties to apply, the prosecution must prove beyond a reasonable doubt that:

1. The defendant acted with intent to promote or assist in the commission of the offense, and
2. The defendant solicited, encouraged, directed, aided, or attempted to aid another person in committing the offense.

Examples of Law of Parties in Action

To better understand how the Law of Parties works in practice, let’s look at a few examples:

Example 1: Getaway Driver in a Robbery

John agrees to be the getaway driver for his friends, who plan to rob a convenience store. Even though John never enters the store or directly participates in the robbery, he can be charged and convicted of robbery under the Law of Parties because he aided in the commission of the crime.

Example 2: Murder During a Burglary

Sarah and Mike break into a house intending to steal valuables. During the burglary, Mike unexpectedly encounters the homeowner and shoots them. Even if Sarah didn’t know Mike had a gun or intended for anyone to get hurt, she could be charged with murder under the Law of Parties because she participated in the underlying felony (burglary) that led to the death.

Consequences of Law of Parties Convictions

The consequences of being convicted under the Law of Parties can be just as severe as if you had directly committed the crime. This means you could face:

1. Lengthy prison sentences
2. Substantial fines
3. A permanent felony record
4. Loss of certain rights, such as the right to vote or own firearms
5. Difficulty finding employment or housing

In some cases, the Law of Parties can even lead to capital murder charges, potentially resulting in life imprisonment or the death penalty.

Defenses Against Law of Parties Charges in Texas

If you’re facing charges under the Law of Parties, you need an experienced criminal defense attorney who understands its nuances.

At Whalen Law Office, we’ve successfully defended clients against Law of Parties charges using strategies such as:

• Lack of knowledge: Demonstrating that the defendant was unaware of the criminal activity or the other party’s intentions.
• Withdrawal: Proving that the defendant abandoned the criminal enterprise before the offense was committed and made a reasonable effort to prevent it.
• Mere presence: Showing that the defendant was simply present at the scene but did not actively participate in or encourage the crime.
• Duress: Establishing that the defendant was forced to participate under threat of imminent harm.
• Challenging the underlying felony: If the prosecution can’t prove the underlying felony occurred, the Law of Parties charges may not apply.

The Controversy Surrounding the Law of Parties

The Texas Law of Parties has been a subject of controversy and criticism, particularly in capital cases. Critics argue that it can lead to disproportionate punishments, especially when applied to less culpable participants in a crime.

One high-profile case that highlights this controversy is that of Jeffrey Wood. Wood was sentenced to death under the Law of Parties for a murder committed during a robbery, despite not being present in the store when the killing occurred. His case has sparked debates about the fairness and constitutionality of applying the death penalty to individuals who did not directly commit murder.

Why You Need an Experienced Criminal Defense Attorney

Given the complexities and potentially severe consequences of the Law of Parties, it’s crucial to have skilled legal representation if you’re facing charges under this doctrine. At Whalen Law Office, we have extensive experience defending clients against Law of Parties charges in Texas felony cases.

Our approach includes:

1. Thorough investigation of the facts surrounding the alleged crime
2. Careful analysis of the evidence to identify weaknesses in the prosecution’s case
3. Development of strong defenses tailored to the specific circumstances of your case
4. Aggressive negotiation with prosecutors to reduce charges or seek alternative resolutions
5. Skilled courtroom advocacy if your case goes to trial

We understand that being charged under the Law of Parties can be confusing and frightening. Our team is committed to guiding you through the legal process, protecting your rights, and fighting for the best possible outcome in your case.

If you or a loved one is facing charges under this law, act quickly to protect your rights and future.

Don’t let a misunderstanding jeopardize your freedom. Contact Whalen Law Office today for a confidential consultation.