Chapter 2 of the Texas Penal Code is short, but it controls every criminal trial in the state. It says who carries the burden of proof, how heavy that burden is, and what happens when the defense raises a justification or excuse. Brian Foley explains each section in this video.
§ 2.01 — Proof beyond a reasonable doubt
All persons are presumed innocent, and no person may be convicted unless each element of the offense is proved beyond a reasonable doubt. The fact that a person has been arrested, confined, or indicted gives rise to no inference of guilt. This is the single most important sentence in Texas criminal law, and a jury hears it in every case. See § 2.01.
§ 2.02 — Exceptions
When a statute contains an exception labeled "except" or "it is an exception to the application of," the State must negate the exception in the charging instrument and prove it beyond a reasonable doubt. Exceptions are part of the State's case. See § 2.02.
§ 2.03 — Defenses
A defense — self-defense, necessity, mistake of fact — is different. The defendant does not have to prove it. Once evidence raising the defense is admitted from any source, the court must instruct the jury that a reasonable doubt on the issue requires acquittal. In other words, the State must disprove the defense beyond a reasonable doubt. See § 2.03.
§ 2.04 — Affirmative defenses
An affirmative defense — duress, entrapment, insanity — flips the burden. The defendant must prove it by a preponderance of the evidence (more likely than not). The State does not have to negate it in the indictment, and the jury is instructed that the defendant bears the burden. Knowing whether a statute creates a "defense" or an "affirmative defense" is the first step in building a trial strategy. See § 2.04.
§ 2.05 — Presumptions
Some statutes say a fact "is presumed" from other facts — for example, that a person who hides recently stolen property knew it was stolen. Section 2.05 controls how those presumptions work: the jury must be told that the presumed fact must still be proved beyond a reasonable doubt, that the jury may — but is not required to — find the presumed fact if the underlying facts are proved, and that if the jury has a reasonable doubt about the underlying facts, the presumption fails entirely. See § 2.05.
Why it matters
Trials are won on burdens. As former prosecutors, Brian Foley and Luis Baez spent years carrying the State's burden; they now hold the State to it. Browse the Texas Penal Code library, or call or text (713) 703-1718 for a free consultation.