Criminal Defense Lawyer in North Texas
When an individual is accused of multiple crimes, the way those charges are structured can significantly impact the outcome of the trial and the length of a potential sentence. In Texas, the concept of a “criminal episode” is the legal framework used to determine if multiple offenses can be tried together in a single proceeding.
At Beltz Law Group, we help our clients navigate the complexities of joinder and severance—the legal processes of joining or separating charges—to ensure their rights are protected.
What Defines a Criminal Episode?
Under Texas Penal Code Section 3.01, a “criminal episode” isn’t just a series of crimes; it is specifically defined by the relationship between the offenses.
Texas Penal Code Section 3.01 States:
“In this chapter, ‘criminal episode’ means the commission of two or more offenses, regardless of whether the harm is directed against or inflicted upon more than one person or item of property, under the following circumstances:
- the offenses are committed pursuant to the same transaction or pursuant to two or more transactions that are connected or constitute a common scheme or plan; or
- the offenses are the same or similar offenses.”
Breaking Down the Definition
The law identifies two primary ways that separate acts become part of one “episode”:
1. The Same Transaction or Common Scheme
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This applies when multiple crimes happen at once or are part of a larger plan.
- Example (Same Transaction): A person breaks into a home (Burglary) and, while inside, gets into a physical altercation with the homeowner (Assault). Because these happened during the same event, they are part of a single criminal episode.
- Example (Common Scheme): A person spends a week systematically forging checks from the same business. While the acts happened on different days, they constitute a “common scheme or plan.”
2. Same or Similar Offenses
This is a broader category. Even if crimes happen months apart and involve different victims, they can be considered part of the same criminal episode if they are the same type of crime.
- Example: If an individual is charged with two separate robberies that occurred three weeks apart in different parts of North Texas, the prosecution may classify them as a criminal episode because they are “the same or similar.”
Why the Classification Matters: Concurrent vs. Consecutive
The classification of a “criminal episode” is a double-edged sword for defendants.
The Joinder (Trying Charges Together)
Under Section 3.02, the State has the right to “join” all offenses arising out of the same criminal episode into a single trial. While this saves the state time, it can be prejudicial to a defendant because a jury hears about multiple allegations at once.
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The “Sentencing Benefit” (Section 3.03)
The most important consequence of a criminal episode involves sentencing. Generally, if a defendant is found guilty of multiple offenses tried together in a single criminal episode, the sentences must run concurrently (at the same time) rather than consecutively (stacked one after the other).
Note: There are major exceptions to this rule for certain violent crimes or sexual offenses, where a judge may still have the discretion to “stack” sentences.
How Beltz Law Group Protects You
Understanding Section 3.01 is vital for a strategic defense. Depending on the facts of your case, our legal team may:
- File a Motion to Sever: If being tried for multiple crimes at once would unfairly bias the jury against you, we can fight to have the charges tried separately.
- Leverage Concurrent Sentencing: In cases where a conviction is likely, ensuring the crimes are classified as a single “criminal episode” can be the difference between serving five years and serving twenty.
If you are facing multiple charges in Texas, the way they are grouped can change everything. Contact Beltz Law Group today to ensure your case is handled with the precision and expertise you deserve.
