Section 3.04 of the Texas Penal Code gives a defendant the right to a severance. When two or more offenses have been consolidated or joined for trial under Section 3.02, the defendant has a right to have each offense tried separately — with an important exception for certain offenses that are subject to consecutive sentencing under Section 3.03(b). Severance can be a powerful tool for the defense, because trying charges together can allow a jury to hear a larger volume of evidence than it would on any single charge alone. An experienced criminal defense attorney will evaluate whether requesting a severance helps your case.
Sec. 3.04. SEVERANCE. (a) Whenever two or more offenses have been consolidated or joined for trial under Section 3.02, the defendant shall have a right to a severance of the offenses. (b) In the event of severance under this section, the provisions of Section 3.03 do not apply, and the court in its discretion may order the sentences to run either concurrently or consecutively. (c) The right to severance under this section does not apply to a prosecution for offenses described by Section 3.03(b) unless the court determines that the defendant or the state would be unfairly prejudiced by a joinder of offenses, in which event the judge may order the offenses to be tried separately or may order other relief as justice requires.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 667, Sec. 3, eff. Sept. 1, 1997.