Are There Ways to Defend Against a Murder Charge?

 Posted on November 16, 2023 in Criminal Defense

Facing a murder charge in Texas is a very serious matter. It could lead to life in prison or even the death penalty. Texas is known for being strict when it comes to murder cases. If you find yourself in such a situation, it is crucial to contact a skilled criminal defense Texas attorney right away. They can help you build the best defense for your case.

What is Justifiable Homicide?

Police arrive on the scene of a murder with no understanding of what may have taken place in the moments leading up to the killing. In some cases, a person merely acted in self-defense and can be erroneously arrested and charged with murder. Texas law carves out a number of situations where a homicide can be considered justifiable. Under Texas’s Castle Doctrine, if someone has forcibly broken into your home, vehicle, or place of business, they are considered a likely danger to you. In many cases, using deadly force against an intruder is considered justified. It is generally reasonable to assume that someone who has broken into your home intends to cause serious harm to you or your family, and employing deadly force to protect yourself or your family is legally justified. However, the force used in self-defense must be proportionate to the threat - for example, shooting someone for slapping you would not be justified. Nor would using deadly force in response to a strictly verbal threat.

Can Mistaken Identity Be a Defense Strategy?

Mistaken identity occurs when the police and prosecutor have the wrong person. The burden of proof rests on the prosecutor that they have charged the correct person. It is not terribly uncommon for a genuinely innocent person to be misidentified as the murderer. A skilled attorney will conduct a thorough investigation, closely examining witness testimony, forensic evidence, and police reports to look for any inconsistencies or gaps in the evidence. In some cases, establishing an alibi for the defendant is sufficient to convince a court or jury that the defendant was mistakenly identified. Things like eyewitness testimony or even a security camera away from the crime scene can establish an alibi.

Schedule a Free Consultation with a Pleasanton, TX Criminal Defense Lawyer

If you find yourself facing a murder charge, an experienced Atascosa County, TX criminal defense attorney can navigate the legal complexities outlined in the Texas Penal Code. At BRCK Criminal Defense Attorneys we understand the legal provisions and employ strategic defenses such as justifiable homicide and mistaken identity. Call 830-769-1010 for a free consultation.