If you are facing criminal charges in the state of Texas, it's important to understand the legal definition of a "criminal episode." This term is defined in Section 3.01 of the Texas Penal Code, and it has important implications for the way your case will be prosecuted and defended.
According to Section 3.01, a criminal episode is defined as the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property, under the following circumstances: (1) 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 (2) the offenses are the repeated commission of the same or similar offenses. In other words, if you are charged with two or more offenses that are related to each other in some way, they may be considered part of a single criminal episode.
Implications of a Criminal Episode. If your charges are considered part of a criminal episode, the prosecution may be able to introduce evidence related to all of the charges at once. This can make it more difficult to defend against the charges, since you may be facing a larger amount of evidence than you would if each charge were considered separately. On the other hand, if your attorney can successfully argue that the charges should not be considered part of a criminal episode, it may be possible to defend against each charge individually — which could make it easier to negotiate a plea bargain or obtain a favorable verdict.
Sec. 3.01. DEFINITION. In this chapter, "criminal episode" means the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property, under the following circumstances: (1) 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 (2) the offenses are the repeated commission of the same or similar offenses.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 387, Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.