When Can I Claim Entrapment in a Criminal Defense Case?

 Posted on June 18, 2025 in Criminal Defense

Sometimes, police will engage in sting operations in an effort to catch criminals. While it can prevent crime, these sting operations can raise ethical questions when law enforcement officers use aggressive tactics to apprehend individuals. If you were caught in a sting operation, you may wonder if you can cite entrapment as a defense. A Houston criminal defense lawyer can review your case to see if your rights have been violated by law enforcement.

At Murphy & McKinney Law Firm, P.C., we know how intimidating it can be to speak up for yourself in court. Our firm can advocate for you, supporting your case with our wealth of legal knowledge.

What Does Inducement Mean?

There is a difference between simply being presented with an opportunity to commit a crime and being encouraged to commit one. Under Texas law, you can only cite entrapment as a defense if a law enforcement agent used "persuasion or other means" to urge you to commit a crime. The law specifically states that "merely affording an opportunity" to commit a crime does not qualify as entrapment.

At Murphy & McKinney Law Firm, P.C., we can review your case closely to see if you have room to argue for entrapment. Witness statements, video footage, and other evidence can help to establish the events that led up to your arrest.

Will My Criminal Record Be Considered?

When an entrapment case goes to court, your existing criminal record may be factored in. An entrapment defense hinges on the assumption that, if you were not pressured, you would not have committed the crime. If you have a relatively clean criminal record, you could cite that in support of your defense. However, this also means that the prosecution could look at your criminal record to argue the opposite.

At Murphy & McKinney Law Firm, P.C., we can advocate for your good reputation in front of a judge. We can also call witnesses such as friends, family, or colleagues who can testify about your moral character.

What Counts as Entrapment?

As previously mentioned, entrapment requires the use of persuasion or other means to induce someone to commit a crime. Depending on the circumstances behind your arrest, this can take many different forms. 

Consider a shoplifting case. If an undercover officer repeatedly urges – or even threatens – someone to walk out with a stolen item, the defendant might be able to claim entrapment. The difference between a legitimate sting operation and an entrapment case often lies in the tactics used by police officers.

At Murphy & McKinney Law Firm, P.C., we can bring the judge and jury’s attention to unethical, unlawful conduct by police. We will speak up for your rights, making sure that your concerns do not go unheard.

Meet With a Houston, TX Criminal Defense Lawyer

If you were set up by a law enforcement officer to commit a criminal offense, you should seek legal representation as soon as possible. At Murphy & McKinney Law Firm, P.C., our Houston, TX entrapment defense attorney can provide you with legal advice and representation throughout your case. Call our offices at 713-229-8333 to set up an initial consultation today.