What to Know About the Controversial Affluenza Defense in Texas

 Posted on March 04, 2025 in Criminal Defense

In 2013, a teenager in Texas who faced charges for killing four people in a drunk driving accident gained national attention when his defense used his wealthy upbringing and privilege as a mitigating factor. Otherwise known as the affluenza defense, the defendant’s lawyers claimed that the sense of entitlement he was raised with led him to lack the ability to understand the consequences of his actions. The defendant in this 2013 case ended up sentenced to probation, which sparked outrage and encouraged broader dialog about how wealth and privilege can impact criminal justice, especially in Texas.

Another interesting aspect that the affluenza defense has brought up is that defense lawyers can use creative thinking in creating their criminal defense strategies. While the affluenza defense is not likely to be broadly used, the idea of thinking outside the box to defend a client’s rights is always relevant. Regardless of your charges, a creative and knowledgeable Texas defense lawyer can review your case and build a defense that is well-suited to your specific needs and background.

Mitigating Factors in Criminal Justice

Mitigating factors are things that a court will take into consideration when determining the sentence for a given conviction. All charges carry a range of penalties. For example, there is usually a range with a minimum and maximum number of years you might serve in jail and a minimum and maximum fine to pay. When the court decides what your penalty will be, it considers aspects of your background that could be relevant.

There are many examples of how details from a defendant’s background can impact their sentence. For example, victims of domestic violence might face lesser punishments for attacking their abusers than people convicted of using physical violence typically face. War veterans suffering from PTSD might be directed toward a treatment program rather than a prison term if they committed a crime while triggered by past trauma. 

The affluenza defense attempted to employ the same logic: The wealthy teen’s parents had coddled him and shielded him from the real world to such an extent and had avoided imposing discipline and structure to such a degree that it impaired him. His ability to differentiate right from wrong was diminished and his sense that he was above the law was understandable, given his upbringing. Despite having seemingly unlimited material resources, the parents were ill-suited to raise the child in a normative way, his conduct was the result of this environment, and he therefore should not be punished severely for his inability to make better choices.

Schedule a Free Consultation with a Tarrant County, TX Criminal Defense Lawyer

For most people, the degree of wealth and privilege that suits an affluenza defense is so far removed from their reality that it is unrelatable. However, the recognition that factors from your background could explain your conduct and result in lesser punishments is always relevant and important to keep in mind. 

At The Dameron Law Firm, when you schedule a free consultation with a qualified Fort Worth, TX criminal defense attorney, it is a chance for us not only to review your case but also learn more about you and understand whether any mitigating factors might help get a favorable outcome. We pride ourselves on our outside-the-box thinking that can lead to creative, strong defense strategies. Call us at 817-222-0624 to discuss this in detail and understand how best we can serve you.