When Your Future Depends on the Conduct of Others
Criminal Defense North Texas
In our previous article, we explored how Texas Penal Code Section 7.01 (The Law of Parties) allows the state to hold you responsible for a crime even if you weren’t the “main actor.” Because this law is so broad, it is often used to sweep up individuals who were barely involved or completely unaware of a crime.
However, being charged under the Law of Parties does not mean you will be convicted. At Beltz Law Group, we use several powerful legal strategies to challenge the State’s narrative and protect our clients’ freedom.
1. The “Mere Presence” Defense
The most common defense against a Law of Parties charge is known as Mere Presence. Under Texas law, simply being at the scene of a crime—even if you knew it was happening—is not enough to make you a “party” to the offense.
To convict you, the prosecutor must prove that you took an affirmative act to encourage, aid, or direct the crime. If you were just a bystander, a passenger in a car, or a witness who didn’t intervene, you may have a strong defense.
Key Rule: You have no legal duty to stop a crime in progress or report it to the police in most situations. Your presence may be “suspicious,” but suspicion is not proof beyond a reasonable doubt.
2. Lack of Intent or Knowledge
For you to be a party, you must have acted with the intent to promote or assist the commission of the offense.
- Scenario: You give a friend a ride to a house, believing they are picking up a borrowed item. Instead, they commit a burglary.
- The Defense: If you truly believed the errand was legal, you lacked the “culpable mental state” required by law. Without knowledge of the crime, you cannot have the intent to assist it.
3. The Renunciation (Withdrawal) Defense
Criminal Defense North Texas
What if you did initially agree to participate in a crime but then changed your mind? Under Texas Penal Code Section 15.04, you may have an affirmative defense if you voluntarily and completely withdrew from the plan.
To successfully use the Renunciation Defense, you must show:
- You had a “voluntary and complete” change of heart.
- You withdrew before the crime was committed.
- You made a substantial effort to prevent the commission of the offense (such as warning the victim or calling the police).
Note: Withdrawing simply because you saw a police cruiser or because the crime became “too difficult” does not count as voluntary renunciation.
4. Duress: When You Are Forced to Participate
If you were coerced into participating in a crime because of a threat of imminent death or serious bodily injury, you may be able to claim Duress. This defense argues that while you may have technically “aided” the crime, you only did so because a person of “reasonable firmness” would have been unable to resist the pressure.
Why Your Choice of Attorney Matters
North Texas Criminal Defense Attorney
Cases involving the Law of Parties are won or lost on the details. We carefully examine surveillance footage, text messages, and witness statements to find the “missing link” in the State’s evidence—the lack of an agreement or the absence of intent.
Are you being blamed for someone else’s mistakes? Don’t let the prosecution use the “Law of Parties” to unfairly target you. The team at Beltz Law Group is ready to build a defense that highlights the truth.
