Overview of Murder Charges in Texas

The stakes are never higher than when you are charged with taking the life of another human being. If convicted, Texas penalties and punishments are harsh—in some cases, your life, in others, life spent behind bars. Emotions run high in murder cases, even when the death was unintentional. Whether you are guilty with extenuating circumstances or innocent of the charges, you face an uphill battle against a prosecutor who has you in their sights and a jury that has a hard time putting emotion aside you should consider hiring a Fort Worth murder defense lawyer.

Having a Fort Worth murder defense lawyer from Burns & Davis by your side can be crucial for your future. We fully understand what’s at stake and that you are anxious and frightened about the coming months. An experienced Burns & Davis murder defense lawyer will build a solid defense on your behalf, fighting for you and your future every step of the way.

You need a strong criminal defense attorney who will leave no stone unturned while building your defense. Your charges require an attorney who is never afraid of going up against the considerable resources of the government. Your freedom and your future demand a highly-skilled attorney from Burns & Davis to be your advocate throughout this process.

Penalties and Punishments for Being Charged with Murder in Texas

In the state of Texas, murder charges are further divided based on the circumstances surrounding the crime as well as the severity of the crime. Specifically, Texas law makes a distinction between capital murder and murder, as well as between murder and manslaughter. Murder requires intent—and intent happens to be the primary distinguishing factor between charges of manslaughter and charges of murder. A conviction for either murder or capital murder requires the following:

  • The death was caused intentionally and knowingly
  • There was intent to cause serious bodily harm through the commission of an act that is dangerous to human life
  • The murder occurred during the commission of a felony that was dangerous to human life and resulted in death

Capital murder is charged when one of the following occurred during the murder:

  • The murder victim is a police officer
  • Murder for hire was committed
  • The murder was committed during the course of specific felony crimes (such as a sex crime)
  • A prison inmate murders an employee or another prisoner
  • The defendant was attempting to escape from prison when they kill another person
  • More than one person is murdered during the same criminal act
  • A child under the age of 15 is murdered
  • The murder is in retaliation for the service or status of a criminal justice professional

A capital murder case where the prosecutor seeks the death penalty requires the jury to decide between a death sentence and prison. If the prosecutor does not seek the death penalty, the mandatory sentencing for a defendant over the age of 18 convicted of capital murder is life in prison—with no parole. For a defendant under the age of 18, that changes to life in prison with the possibility of parole.

Murder—a first-degree felony offense—carries the possibility of a minimum of five years in prison, up to life in prison. If the murder was committed under “sudden passion,” it can be charged as a second-degree felony with a sentence of a minimum of two years up to a maximum of 20 years in prison. Fines of up to $10,000 accompany either murder or murder committed under “sudden passion.”

If you have been charged with manslaughter in the state of Texas, you are facing a second-degree felony charge. The penalty for a second-degree felony conviction is a prison sentence of 2-20 years. There may also be fines assessed up to $10,000 along with the prison sentence. A conviction of intoxication manslaughter could require serving a specified prison term before becoming eligible for parole. There may also be a mandatory sentence of 240-800 hours of community service.

Common Defense Strategies to Murder Charges

The defense strategy used by your Fort Worth murder defense lawyer will depend on the facts and circumstances surrounding your charges. Some of the most common defenses used on behalf of those charged with murder include:

  • Exercise of duty—when a law enforcement officer or other public officer kills someone in the line of duty, with no unlawful intent, negligence, or recklessness, the killing does not rise to the level of murder.
  • You had no intent to kill another human being. If you killed someone accidentally, you clearly lacked intent—and intent is the primary distinguishing factor between murder and manslaughter.
  • There is a misidentification by an eyewitness. You may have been wrongly accused of murder as a result of an eyewitness saying they saw you commit the murder.
  • Self-defense is a common defense to murder charges and may be used in an abusive relationship situation. There must have been a reasonable fear of death, harm, or serious bodily injury on the part of the person who commits the murder.
  • An insanity defense may be used when the defendant did not comprehend what they were doing at the time of the murder.
  • Sudden passion is a defense for murder in the state of Texas. Sudden passion is not the same thing as a “crime of passion.” A crime of passion—like the murder of an individual you find in bed with your spouse—is not recognized in the state of Texas. The courts do consider “sudden passion” as a mitigating factor or extenuating circumstance that can decrease the charges or the sentence. Sudden passion is defined as “passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed whose passion arises at the time of the offense and is not solely the result of former provocation.” In simpler terms, the murder was a sudden reaction to emotions rather than being from the actual emotions.

FAQs

  • Is it possible to defend murder charges?  While the majority of police and prosecutors are trying to do the right thing, sometimes they just get it wrong. Perhaps the investigation was so focused on you, that other suspect were ignored. Or perhaps you acted in self-defense, yet you are charged anyway. Your rights may have been violated during your arrest, or the entire investigation could have been conducted in a sloppy manner. Your Fort Worth murder defense lawyer from Burns & Davis will be laser-focused on defending you against a murder conviction.
  • What is the difference between murder and manslaughter? While many states make the distinction between voluntary and involuntary manslaughter, Texas combines the two. The state will add enhanced penalties for certain aggravating factors in manslaughter charges under Texas Penal Code §19.04. Manslaughter requires that the defendant is shown beyond a reasonable doubt to have recklessly caused the death of another person. Manslaughter, unlike murder, does not require intent. The state of Texas does provide for “intoxication manslaughter”—when a death is the result of another’s impairment by drugs or alcohol.

How a Fort Worth Murder Defense Lawyer from Burns & Davis Can Help

As premier Fort Worth murder defense lawyers, Burns & Davis inspire confidence and trust. We are both reliable and relatable, with more than a decade of favorable results for our clients. When you have been charged with a serious crime like murder, you want an attorney who will never back down, inside or outside the courtroom. We are fierce advocates for the well-being of our clients, both in the short and long term. If you want criminal defense attorneys whose standards of excellence for client service are unmatched, contact Burns & Davis, PLLC today.