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Dallas Murder Defense Attorneys
A murder charge in Dallas County is the most serious accusation the State of Texas can bring short of capital murder, and the consequences scale with it: a first-degree felony with a range of 5 to 99 years or life, and in capital cases, either mandatory life without parole or the death penalty. The Dallas County District Attorney’s Office prosecutes dozens of murder and capital murder cases every year in the Frank Crowley Courts Building, and the defense work required to answer those prosecutions has to begin the day of arrest.
Deandra Grant Law represents people charged with murder, capital murder, manslaughter, intoxication manslaughter, and criminally negligent murder in Dallas County. Call (214) 225-7117 to discuss your case.
How Texas Defines Murder
Murder is defined in Texas Penal Code § 19.02. Contrary to the common-law language many out-of-state resources still use, Texas murder does not require “malice aforethought.” It requires one of three culpable states of mind described in § 19.02(b):
- Intentional or knowing conduct that causes the death of an individual (§ 19.02(b)(1)). The state must prove the defendant’s conscious objective was to cause death, or that the defendant was aware his conduct was reasonably certain to cause death.
- Intent to cause serious bodily injury combined with an act clearly dangerous to human life that causes death (§ 19.02(b)(2)). The state does not have to prove the defendant intended death (only serious bodily injury plus a clearly dangerous act that resulted in death).
- Felony murder (§ 19.02(b)(3)). A death caused during the commission, attempted commission, or immediate flight from a felony other than manslaughter, where the defendant committed an act clearly dangerous to human life. The state does not have to prove any intent to kill or injure. This is the doctrine by which a co-conspirator who never pulled a trigger can be convicted of murder.
Punishment for Murder
Murder is a first-degree felony. Under Texas Penal Code § 12.32, the punishment range is 5 to 99 years or life in the Texas Department of Criminal Justice, and a fine of up to $10,000.
Sudden Passion
Texas Penal Code § 19.02(d) allows a defendant to raise sudden passion arising from adequate cause at the punishment phase. If the jury (or judge, in a bench trial on punishment) finds by a preponderance of the evidence that the defendant caused the death under the immediate influence of sudden passion arising from an adequate cause, the offense is punished as a second-degree felony (2 to 20 years and a fine of up to $10,000). Sudden passion does not reduce the conviction; it reduces the punishment range. The jury still finds the defendant guilty of murder.
Capital Murder
Capital murder is defined in Texas Penal Code § 19.03. A person commits capital murder by committing murder under § 19.02(b)(1) (intentionally or knowingly causing death) plus one or more aggravating circumstances. As of the 2023 legislative session, there are ten aggravators:
- Murder of a peace officer or fireman acting in the lawful discharge of an official duty, when the defendant knows the victim’s status (§ 19.03(a)(1)).
- Intentional murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or a terroristic threat under § 22.07(a)(1), (3), (4), (5), or (6) (§ 19.03(a)(2)).
- Murder for remuneration or the promise of remuneration, or hiring another to commit murder for remuneration (§ 19.03(a)(3)).
- Murder while escaping or attempting to escape from a penal institution (§ 19.03(a)(4)).
- Murder by a person incarcerated in a penal institution of an employee of the institution, or murder with intent to establish, maintain, or participate in a criminal combination (§ 19.03(a)(5)).
- Murder by a person while incarcerated for capital murder, murder, or serving a life or 99-year sentence for aggravated kidnapping, aggravated sexual assault, or aggravated robbery (§ 19.03(a)(6)).
- Murder of more than one person during the same criminal transaction, or during different transactions pursuant to the same scheme or course of conduct (§ 19.03(a)(7)).
- Murder of an individual under 10 years of age (§ 19.03(a)(8)).
- Murder of an individual 10 years of age or older but younger than 15 (§ 19.03(a)(9), added by Lauren’s Law). The death penalty is not available when this is the sole aggravating factor.
- Murder in retaliation for or on account of the service or status of a judge or justice of any listed Texas court (§ 19.03(a)(10)).
Punishment for Capital Murder
Capital murder is a capital felony. Under Texas Penal Code § 12.31, if the state seeks the death penalty and the defendant was 18 or older at the time of the offense, punishment is either death or life without parole, determined by jury answers to the special issues in Code of Criminal Procedure Article 37.071. If the state does not seek death, or if the defendant was under 18 at the time of the offense (United States Supreme Court, Roper v. Simmons), the punishment is mandatory life without parole. There is no parole eligibility on a capital murder conviction.
Lesser Included Murder Offenses
Chapter 19 of the Penal Code includes two murder offenses that often become the actual focus of plea negotiation or a lesser-included instruction at trial.
Manslaughter (§ 19.04)
Recklessly causing the death of another. Second-degree felony; 2 to 20 years and a fine of up to $10,000.
Criminally Negligent Homicide (§ 19.05)
Causing the death of another by criminal negligence. State jail felony; 180 days to 2 years and a fine of up to $10,000.
Intoxication Manslaughter (§ 49.08)
A death caused by the defendant’s intoxication while operating a motor vehicle, watercraft, aircraft, or amusement ride. Second-degree felony; 2 to 20 years, a fine of up to $10,000, and 240 to 800 hours of community service. Enhanced to first-degree felony (5 to 99 years or life) if the victim is a peace officer, firefighter, or emergency medical services personnel on duty.
Related Videos
Why should I hire an attorney for a murder charge?
Choosing a murder defense attorney
How long does a murder case take?
Mistakes of a murder defense client
Legal strategies that can be used to challenge murder charges
Different degrees of murder
Preparing for court appearances and interactions with the prosecution for murder
Jury selection process for murder trials
Mental health defenses for murder charges
Consequences of a guilty plea vs. going to trial with a murder charge
Penalties of murder
Relieving stress of a murder defense client
Types of murder defense charges
Acting in self defense
Arrested for murder for self defense
Castle doctrine/stand your ground laws
Will I be eligible for bail if accused of murder?
Excessive force
Difference between manslaughter and murder
Defenses to Murder Charges in Texas
The fact that someone died does not mean someone committed murder. Chapter 9 of the Texas Penal Code codifies the justifications that remove criminal liability for conduct that would otherwise be a crime. In Dallas County murder cases, the following justifications and defenses are routinely in play:
Self-Defense (§ 9.31) and Deadly Force in Defense of Person (§ 9.32)
A person is justified in using force (and, in circumstances specified in § 9.32, deadly force) against another when and to the degree the actor reasonably believes the force is immediately necessary to protect against the other’s use or attempted use of unlawful force.
Castle Doctrine and No Duty to Retreat
Under § 9.32(b), a defendant’s belief that deadly force was immediately necessary is presumed reasonable when the other person was unlawfully and with force entering, or had unlawfully and with force entered, the defendant’s occupied habitation, vehicle, or place of business, subject to statutory conditions. Under § 9.31(e), a defendant who is in a place the defendant has a right to be, is not engaged in criminal activity, and did not provoke the other person has no duty to retreat before using force or deadly force.
Defense of a Third Person (§ 9.33) and Defense of Property (§§ 9.41–9.43)
Texas also justifies the use of force in defense of another person and, in specified circumstances, the use of force and deadly force to protect land or tangible, movable property.
Other Defenses
- Mistaken identification, which remains one of the leading causes of wrongful murder convictions.
- Challenges to forensic evidence (ex. DNA transfer and mixture interpretation, bullet and cartridge case comparison, bloodstain pattern analysis, autopsy findings, and cell-site location information).
- Accomplice witness corroboration under Code of Criminal Procedure Article 38.14.
- Insanity under Penal Code § 8.01, an affirmative defense that must be proved by a preponderance.
- Involuntary intoxication under 8.04 (not a defense but may be used in mitigation)
Bail in a Dallas County Murder Case
Article I, § 11 of the Texas Constitution makes all prisoners bailable except for capital offenses when the proof is evident. In practice, this means:
- A defendant charged with murder is entitled to a reasonable bail. The amount is set with reference to the factors in Code of Criminal Procedure Article 17.15, including the nature of the offense, the defendant’s ability to make bail, future safety of the community, and likelihood of appearance.
- A defendant charged with capital murder can be held without bail only if the state establishes at a hearing that the proof is evident (a standard higher than probable cause) and only if the state is seeking the death penalty.
- A writ of habeas corpus under Article 11 of the Code of Criminal Procedure is the procedural vehicle for contesting a no-bail hold or an excessive bail.
Where Dallas County Murder Cases Are Heard
Felony cases in Dallas County (including all murder cases) are filed in the Dallas County Criminal District Courts, which sit at the Frank Crowley Courts Building at 133 N. Riverfront Boulevard. The Dallas County District Attorney’s Office prosecutes.
How We Defend Murder Cases
No two murder cases are the same, but the defense work on a serious Murder case follows a recognizable arc.
Early Investigation
The first 30 to 60 days after arrest are critical. Scenes change, witnesses forget, and surveillance video gets overwritten. An independent investigation (our investigators, our witness interviews, our scene documentation) preserves evidence that the state does not prioritize.
Forensic Challenge
Modern murder prosecutions rely heavily on forensic evidence: DNA, firearm and toolmark identification, bloodstain pattern analysis, digital forensics, cell-site location, and autopsy findings. Each of these disciplines has identifiable failure points, and each requires cross-examination from a lawyer who understands the science. Deandra Grant Law brings forensic training built for exactly this kind of cross-examination.
Pretrial Motions
Suppression motions, motions to quash, discovery litigation under the Michael Morton Act, and Daubert/Kelly challenges to the state’s experts frequently determine the shape of a case long before trial.
Trial and Sentencing
When a murder case goes to trial, the defense has to be prepared for every phase: jury selection, guilt-innocence, and (if convicted) punishment. In a capital case, the punishment phase is a trial of its own, with mitigation evidence and the Article 37.071 special issues driving the result.
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About Deandra Grant Law
Deandra Grant Law is a Texas criminal defense firm with offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall. Our Dallas murder defense is led by attorneys whose qualifications are built for the kind of evidentiary and forensic challenges that drive serious murder cases.
Deandra M. Grant, Managing Partner
- More than 30 years in practice, focused on criminal defense and DWI
- Former prosecutor
- D.; M.S. in Pharmaceutical Sciences
- Graduate Certificate in Forensic Toxicology
- ACS-CHAL Forensic Lawyer-Scientist from the American Chemical Society
- Standardized Field Sobriety Test (SFST) Instructor
- Texas Super Lawyer since 2011
- Author of 17 law books including A First Offender’s Guide to Texas Criminal Courts
Douglas E. Huff, Partner
- ACS-CHAL Forensic Lawyer-Scientist
- Digital forensics and electronic evidence training
- Extensive North Texas trial experience
James Lee Bright, Of Counsel
- National federal criminal defense practice, including serious-felony and capital matters
- Admitted to all four Texas federal districts, the District of Columbia, the Fifth Circuit Court of Appeals, and the Supreme Court of the United States
Contact Our Dallas Murder Defense Attorneys
The decisions made in the first days after a murder arrest shape the rest of the case. Statements to police, consent searches, bail hearings, and cooperation with co-defendants are all decisions that have to be made with counsel present. If you or someone you love has been arrested for murder or capital murder in Dallas County, the time to involve a defense lawyer is now.
Call Deandra Grant Law at (214) 225-7117 to schedule a consultation. We serve Dallas County and surrounding North Texas counties from our Dallas office.
Frequently Asked Questions About Murder Charges in Dallas, TX
Facing murder charges in Dallas, TX is an incredibly serious and complex situation that can leave individuals with numerous questions and uncertainties about their legal rights and options. At Deandra Grant Law – Criminal & DWI Defense, we understand the gravity of this situation and are here to provide answers and guidance. Here are some frequently asked questions and their answers that you may find helpful if you have been recently arrested for murder:
What is considered murder under Texas law?
In Texas, murder is the intentional and unlawful killing of another person. It can also include cases where a person causes the death of another during the commission of certain felonies, such as robbery, burglary, or kidnapping.
What are the potential consequences of a murder conviction in Texas?
If convicted of murder, the potential consequences can be severe. Depending on the circumstances, the penalties can range from long prison sentences to life imprisonment without the possibility of parole, or even the death penalty.
Can I get bail if I have been arrested for murder?
Bail is not guaranteed for murder charges. It is up to the judge to decide whether to grant bail based on various factors, including the seriousness of the crime, the potential flight risk of the defendant, and the safety of the community.
Should I talk to the police without an attorney present?
It is highly advised not to speak to the police without an attorney present. Anything you say can be used against you, and law enforcement may use tactics to elicit information that could be harmful to your defense. It is crucial to exercise your right to remain silent and seek legal representation immediately.
How can a Murder Defense Attorney help me?
A skilled Murder Defense Attorney can provide essential legal advice, protect your rights, and advocate for your best interests throughout the legal process. They will conduct a thorough investigation, challenge the prosecution’s evidence, negotiate with prosecutors, and present a strong defense on your behalf.
What are some potential defenses against murder charges?
Potential defenses against murder charges can vary depending on the specifics of the case. Some common defenses include self-defense, defense of others, mistaken identity, lack of intent, or the presence of an alibi. Your attorney will assess the circumstances to determine the best defense strategy.
Will my case go to trial, or can it be resolved through negotiation?
Whether your case goes to trial or can be resolved through negotiation depends on the specific details of the case and the strength of the evidence against you. Your attorney will discuss the potential outcomes and options with you and advise you on the right course of action.
How do I choose the right Murder Defense Attorney?
Choosing the right Murder Defense Attorney is crucial to the outcome of your case. Look for an attorney with extensive experience in defending murder charges, a track record of success, and a dedication to providing personalized attention to your case.
What is the difference between murder and capital murder in Texas?
Capital murder is intentional or knowing murder under § 19.02(b)(1) plus one of ten statutory aggravating circumstances in § 19.03(a). Murder without an aggravator is a first-degree felony punishable by 5 to 99 years or life. Capital murder is punishable only by death or life without parole.
Can I get bail if I'm charged with murder?
Yes. Murder is a bailable offense under Article I, § 11 of the Texas Constitution. Capital murder may be a no-bail offense if the state is seeking the death penalty and establishes at a hearing that the proof is evident.
I acted in self-defense. Am I protected by the Castle Doctrine?
The Castle Doctrine presumption in Penal Code § 9.32(b) applies in specified circumstances involving unlawful and forcible entry into a habitation, vehicle, or place of business. Whether it applies to your case depends on the facts such as where the encounter occurred, who was the aggressor, whether you were engaged in criminal activity, and what the person who entered was doing. These cases are fact-intensive and require detailed legal analysis.
Can a murder charge be reduced to manslaughter?
Yes, through plea negotiation or through a jury finding on a lesser included offense. Manslaughter under § 19.04 is a second-degree felony (2 to 20 years). Criminally negligent homicide under § 19.05 is a state jail felony (180 days to 2 years). Whether a reduction is possible depends on the evidence of mental state (intentional versus reckless versus criminally negligent) and the strength of the causation proof.
Will my case go to trial?
Most murder cases resolve by plea, but that is a product of the pretrial work. Cases that are thoroughly investigated, suppressed where possible, and prepared for trial tend to result in better outcomes whether the final resolution is a verdict or a negotiated plea.
If you have been arrested for murder in Dallas, TX, we understand the fear and uncertainty you may be facing. At Deandra Grant Law – Criminal & DWI Defense, we are here to provide you with the skilled and compassionate legal representation you need. Contact us today for a free consultation, and let our experienced Dallas Murder Defense Attorneys guide you through this challenging time.
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(214) 225-7117
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