Texas Murder Defense Attorneys

If you’ve found your way to this page – it’s likely that you or someone you care about is facing the incredibly serious charge of murder in Texas. We understand that this is an incredibly difficult time for you. We want you to know that you’re not alone. At Deandra Grant Law, we specialize in providing skilled and compassionate legal representation for individuals like you who are navigating the complexities of the criminal justice system. Our team of experienced Texas Murder Defense Attorneys are here to guide you through the legal process, fight for your rights, and help you pursue a positive outcome.

Deandra Grant Law Helps Residents of Texas with Murder Defense in: Allen, Austin, Collin County, Dallas, Denton, Fort Worth, McKinney, Plano, Princeton, Rockwall, and Waco.

The Serious Nature of Murder Charges

Murder charges are among the most severe and life-altering legal challenges one can face. In Texas, a murder conviction can lead to severe penalties, including life imprisonment or even the death penalty. The consequences of a murder conviction extend beyond the courtroom, affecting not only the accused but their families and loved ones as well.

Understanding the Legal Process

Navigating the legal process after being arrested for murder can be overwhelming and confusing. There are various stages to a murder case, including investigation, arrest, arraignment, pre-trial hearings, trial, and potential appeals. Each stage presents its own set of challenges and legal complexities.

Our Texas Murder Defense Attorneys have a deep understanding of the legal process specific to murder cases in Texas. We have successfully handled numerous cases and are equipped with the knowledge and experience needed to build a strong defense strategy tailored to your unique situation.

What is Texas’s Murder Law

Under Texas Penal Code 19.01, a person can be charged with murder in the following ways:

They caused someone else’s death, and they did so knowingly or intentionally. These states of mind mean that the alleged offender’s objective was to kill another or they were aware that their actions would lead to death;

They intended to seriously injure someone, and when carrying out the conduct to affect such a result, they engaged in an act so dangerous, they caused that person’s death; or

They were committing or attempting to commit a felony, and while doing so (or while fleeing the scene after doing so), they engaged in dangerous conduct that caused someone’s death.

What is Texas’s Capital Murder Law

The Texas Penal Code also has a law concerning capital murder. This offense is considered more serious than murder. What increases the severity of the crime is how it was committed or who it was committed against.

There are 10 ways a person could be accused of capital murder:

• They killed an on-duty police officer or fireman;
• They intentionally murdered someone while committing or attempting to commit any of the following:
  • Kidnapping
  • Burglary
  • Robbery
  • Aggravated sexual assault
  • Arson
  • Obstruction or retaliation, or Terroristic threat;
• The person was hired to kill another, or they hired someone to commit the
• murder;
• The offender was escaping or attempting to escape a penal institution;
• They were incarcerated and killed an employee of the facility;
• They were incarcerated and murdered an inmate;
• They killed two or more people either during the same crime or different but related offenses
• They murdered a minor under 10 years of age;
• They murdered someone between 10 and 14 years of age; or
• They killed a judge or justice in retaliation for their service

What are the Penalties for Murder in Texas?

The punishments a judge can levy upon a conviction depend on the nature of the offense and whether the defendant was accused of murder or capital murder.

Generally, murder is charged as a first-degree felony. The minimum term of imprisonment is 5 years, and the maximum is 99 years.

If the defendant can prove that they caused the other’s death because they were provoked, they could be convicted of a second-degree felony. Potential penalties include between 2 and 20 years in prison and/or a fine of up to $10,000.

Capital murder is a capital felony. A defendant can be sentenced to imprisonment for life without parole or to death.

Degrees of Murder and Punishments

In Texas, murder is classified into different degrees, each with varying levels of culpability and corresponding punishments. First-degree murder, often referred to simply as “murder,” encompasses the definitions previously mentioned and is considered a first-degree felony. A conviction for first-degree murder carries a potential punishment of life imprisonment or a term ranging from five to ninety-nine years in prison, along with a possible fine of up to $10,000. The severity of the punishment reflects the gravity of the crime and the state’s commitment to deterring such conduct.

Second-degree murder, also known as “sudden passion” murder, occurs when a person commits murder under the immediate influence of sudden passion arising from an adequate cause. This type of murder is considered a second-degree felony, punishable by imprisonment for a term ranging from two to twenty years and a possible fine of up to $10,000. The distinction between first-degree and second-degree murder lies in the presence of sudden passion, which can significantly reduce the severity of the punishment. However, it is important to note that the burden of proving sudden passion lies with the defense, who must demonstrate that the murder occurred in the heat of the moment rather than as a premeditated act.

Mental Health and Criminal Responsibility

Mental health can greatly influence a person’s actions and state of mind, which is why it is so crucial in murder defense cases. In Texas, the law acknowledges that mental illness can affect a person’s ability to understand the consequences of their actions or distinguish right from wrong. This can impact their criminal responsibility. In some cases, a person suffering from severe mental illness may not have been fully aware of their actions or may have been unable to control their behavior. When this is the case, it is possible to pursue a defense based on lack of criminal responsibility due to mental health issues. This does not mean that the accused is automatically set free but rather that they may be found not guilty by reason of insanity or receive a reduced sentence. Understanding how mental health affects criminal responsibility is the first step in building a strong defense.

Insanity Defense in Texas

In Texas, the insanity defense is one way that mental health is considered in murder cases. Under Texas law, a defendant can be found not guilty by reason of insanity if they can prove that, at the time of the crime, they were suffering from a severe mental disease or defect that made them incapable of understanding the wrongfulness of their actions. It is important to note that simply having a mental illness is not enough to use this defense. The mental condition must have directly impacted the defendant’s ability to distinguish right from wrong during the incident. This defense can be challenging to prove because the burden of proof falls on the defense team to demonstrate that the defendant was legally insane at the time of the crime. This often involves presenting evidence from mental health professionals, medical records, and expert witnesses who can explain the defendant’s mental state. If successful, this defense can lead to a verdict of not guilty by reason of insanity, which usually results in the defendant being committed to a mental health facility rather than prison.

Diminished Capacity Defense

While Texas does not formally recognize a diminished capacity defense, mental health issues can still play a role in reducing the severity of charges or penalties. Unlike the insanity defense, which argues that the defendant was not legally responsible for their actions, the diminished capacity argument focuses on showing that the defendant’s mental state impaired their ability to form the intent required for a specific crime. In a murder case, this could mean arguing that the defendant did not have the necessary intent for first-degree murder but may have been capable of a lesser charge such as manslaughter. For example, if a person was experiencing a severe mental breakdown or was under extreme emotional distress, their ability to plan or premeditate the act may have been compromised. In such cases, the defense can argue for a lesser charge or reduced sentence based on the impact of the mental health condition. While not an official defense, presenting evidence of diminished capacity can significantly influence the outcome of a case.

Building the Defense with Evidence

Gathering evidence is one of the most critical parts of preparing a murder defense in Texas. Evidence can come from many sources, including witness statements, physical items from the crime scene, and any video or audio recordings that might exist. This evidence is essential in either proving the defendant’s innocence or creating doubt about their guilt.

Possible Defenses to Murder Charges

In Texas, there are several possible defenses that may be used in a murder case. Each defense must be carefully considered based on the facts of the case. One common defense is self-defense. Texas law allows people to defend themselves if they reasonably believe they are in danger of death or serious injury. In a self-defense claim, the defense team will need to show that the defendant’s actions were a response to an immediate threat.

Another defense is that the killing was accidental. This means the defendant did not intend to cause harm or death. For example, if someone dies during a physical altercation where neither person intended to cause serious harm, this could be argued as an accident rather than intentional murder.

Insanity can also be a defense in Texas. If a person was suffering from a mental illness that made it impossible for them to understand that their actions were wrong, they may be found not guilty by reason of insanity. This defense requires strong evidence, usually including testimony from mental health professionals.

A final defense option is showing that the defendant was under duress, meaning they were forced to act against their will because of a threat to their safety. If the defendant acted out of fear for their life, this could serve as a defense. Each of these defenses can be complex, and choosing the right defense depends on the unique details of the case.

Challenges in Presenting a Self-Defense Claim

Although Texas law provides strong protections for individuals who act in self-defense, presenting this defense in a murder case can be challenging. The defense must overcome the inherent bias that may exist against individuals who have taken another person’s life, even in cases where self-defense is justified. Juries are often skeptical of self-defense claims, especially if the circumstances of the altercation are not clear-cut. This means that the defense must work diligently to present a compelling and coherent case that demonstrates the reasonableness of the defendant’s actions.

One of the most significant challenges in self-defense cases is convincing the jury that the defendant’s belief that they were in danger was both reasonable and genuine. This often requires detailed testimony from the defendant, who must explain their state of mind at the time of the incident. In addition, witnesses may be called upon to provide insight into the behavior of the alleged victim, the dynamics of the confrontation, and the physical evidence. The defense must also counter any arguments made by the prosecution that the defendant acted out of anger, revenge, or some other motive unrelated to self-defense.

Additionally, the defense must be prepared to address any evidence that the defendant may have had other options besides using deadly force. Even though Texas law does not require a person to retreat, the prosecution may argue that the defendant could have avoided the confrontation or used less lethal means to protect themselves. Addressing these arguments requires a thorough understanding of both the legal standards and the facts of the case.

The Role of Character Evidence

In a murder defense, presenting character evidence can sometimes be helpful. Character evidence might show that the defendant has a history of peaceful behavior or is generally known as a non-violent person. This type of evidence can help create a positive impression of the defendant, making it less likely for a jury to believe they would commit such a serious crime.

However, using character evidence can be tricky. If the defense introduces character evidence, it may open the door for the prosecution to present their own evidence about the defendant’s character. This could include any past criminal behavior or negative traits that might make the defendant look more likely to commit a crime. This strategy must be carefully planned, as it can have both benefits and risks in court.

Working with Witnesses and Specialists

In many murder cases, witnesses and professional opinions are vital to building a defense. Witnesses can provide testimony about what they saw or heard, which can either support the defense or challenge the prosecution’s case. The defense team may call witnesses who can confirm the defendant’s alibi, or they may question witnesses who have testified for the prosecution to see if there are any inconsistencies in their statements.

For example, a witness may have seen someone who looked like the defendant at the scene, but they could be mistaken about the identity. By questioning such witnesses, the defense can sometimes show that the identification is unreliable.

Additionally, professional testimony from fields like forensics, psychology, or medicine may be used. Forensic specialists might analyze physical evidence to determine if it connects the defendant to the crime or supports the defense’s story. Psychologists or psychiatrists might be involved if the defense is based on a mental health claim, such as insanity.