Criminal Defense Lawyer in North Texas
In the eyes of the law, not every harmful action is a crime. One of the most fundamental principles of the Texas legal system is that a person cannot be held criminally responsible for an accident or an unconscious movement. To be convicted, the State must prove that you committed a voluntary act.
At Beltz Law Group, we understand that the distinction between a voluntary act and an involuntary one is often the thin line between a conviction and an acquittal.
Understanding Texas Penal Code Section 6.01
The law is clear: criminal liability requires a conscious choice. Under Texas Penal Code Section 2.01, the requirement of voluntariness is broken down into specific legal standards.
Section 6.01. Requirement of Voluntary Act or Omission
“(a) A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession.”
This means that if a person’s body moves without the intervention of their conscious mind, they have not committed a voluntary act.
What Qualifies as an “Involuntary” Act?
Involuntary acts are not just “accidents.” In a legal context, an act is involuntary if the person’s mind did not direct the body’s movement. Common examples include:
- Reflexes or Convulsions: Sudden muscle spasms or seizures.
- Unconsciousness or Sleep: Actions taken while sleepwalking or during a medical blackout (e.g., a diabetic seizure or syncopal episode).
- External Physical Force: If someone physically pushes you into another person, causing them harm, you did not perform a voluntary act; the person who pushed you did.
Criminal Defense Lawyer North Texas
Omissions: When “Not Acting” is a Crime
Section 6.01 also addresses omissions—cases where you are charged with a crime for failing to act. However, you cannot be arrested simply for being a bystander.
“(c) A person who omits to perform an act does not commit an offense unless a law… provides that the omission is an offense or otherwise provides that he has a duty to perform the act.”
In Texas, you generally only have a “duty to act” if:
- A specific statute requires it (like filing taxes).
- You have a special relationship (like a parent’s duty to care for a child).
- You created the danger yourself.
Possession as a Voluntary Act
Many criminal cases in North Texas involve the “possession” of an item, such as a firearm or a controlled substance. Section 6.01(b) clarifies that possession is only a voluntary act if:
- The person knowingly procured or received the item; OR
- The person was aware of their control of the item for a sufficient time to have been able to terminate their possession.
If someone slips an illegal substance into your bag without your knowledge, you have not “voluntarily” possessed it because you were unaware of your control over the item.
Criminal Defense Attorney North Texas
How Beltz Law Group Defends Your Rights
The “Voluntariness” defense is a powerful tool. When we take on a case, we look for evidence that the alleged crime was a result of a medical emergency, a physical reflex, or a lack of conscious awareness.
Our approach includes:
- Medical Record Review: Working with experts to document physical conditions that may cause involuntary movements.
- Challenging “Knowledge” in Possession Cases: Forcing the prosecution to prove you actually knew the item was in your possession.
- Fact Investigation: Interviewing witnesses to determine if external forces—rather than your own volition—caused the event in question.
If the act wasn’t voluntary, it isn’t a crime. At Beltz Law Group, we make sure the court respects that distinction.
