Defending Against Murder Charges in Texas 

 Posted on October 13, 2022 in Criminal Defense

Murder is considered one of the most serious crimes in Texas, and it is punishable by up to life in prison. If you have been charged with murder, it is important to understand the severity of the charge and the possible defenses that may be available to you.

Criminal defendants are considered innocent until proven guilty. Unfortunately, however, individuals accused of murder are often treated as if they committed the crime. If you have been accused of murder, manslaughter, or criminally negligent homicide, you need a lawyer who will fight for you.

Know What You Are Up Against

There are four main categories of criminal homicide in Texas. Murder refers to intentionally causing the death of another person. In Texas, capital murder is a first-degree felony. Killing someone during the commission of another crime such as kidnapping or sexual assault, killing a peace officer, or killing a child under ten years of age are examples of capital murder. Murder is a second-degree offense. If a murder took place in the "heat of passion" and was not planned in advance, murder is considered a second-degree felony.

Manslaughter refers to death caused by recklessness. Voluntary manslaughter is an intentional death lacking premeditation. It is often the result of an argument or fight in which someone is killed. Involuntary manslaughter, on the other hand, is an unintentional killing that results from recklessness.

Criminally negligent homicide involves causing someone's death through criminal negligence. Driving under the influence of drugs and causing a fatal crash is one example of a situation that could lead to charges for criminally negligent homicide.

Assert Your Rights as a Criminal Defendant

The Fifth and Fourteenth Amendments to the United States Constitution guarantee that no one can be "deprived of life, liberty, or property without due process of law." This means that the government cannot take away your freedom without following certain procedures. If you have been accused of murder, you have the right to a fair trial. You also have the right to refuse to answer police questions and to be represented by an attorney.

Work With Your Attorney to Build a Robust Defense

Your lawyer will help you gather evidence and witnesses to support your defense. Self-defense, intoxication, and lack of intent are some of the most common defenses in murder cases. If the prosecution cannot prove that you intended to kill someone, they may only be able to convict you of a lesser charge such as manslaughter.

The prosecution may offer you a "plea deal" in which you plead guilty to a lesser offense. For example, if you are accused of capital murder, the prosecution may offer you a plea deal for second-degree murder. While it is up to you whether or not to accept a plea deal, it is important to discuss your options with your attorney before making a decision.

Contact a Floresville Criminal Defense Lawyer

If you or a loved one were accused of murder, manslaughter, vehicular homicide, or a related offense, you need a tenacious criminal defense lawyer on your side. Contact the experienced, knowledgeable Wilson County criminal defense lawyers at BRCK Criminal Defense Attorneys right away. Call 830-769-1010 for a free initial consultation.

Source:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.6.htm