What Are Some Ways to Defend Against a Homicide Charge?

 Posted on October 08, 2021 in Criminal Defense

A murder charge in Texas is very serious indeed. Not only could a person convicted of certain types of homicide face life in prison, but they could be facing the death penalty. The state of Texas is notoriously harsh in murder sentencing. If you have been charged with any form of homicide in Texas, it is critical that you immediately contact an experienced and knowledgeable criminal defense attorney. You may have a defense available, but it will take the commitment of a skilled attorney to put forward your best defense.

An attorney will start by listening to your story and examining all available facts in your case to determine what defense strategy will give you the best chance of avoiding an overly harsh outcome. This multi-part article will touch on some strategies your lawyer may use to defend your murder 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 who was merely defending themself 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.

A homicide may also be considered justified if the alleged “victim” was actually the aggressor and put you in reasonable fear for your safety or the safety of another. 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.

How Could Mistaken Identity Be Shown?

Mistaken identity occurs when the police and prosecutor simply put, “have the wrong guy.” 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.

Call a Jourdanton Defense Lawyer

If you have been charged with murder, retaining an Atascosa County murder defense attorney should be your number one priority. The seriousness of a homicide charge cannot be understated. BRCK Criminal Defense Attorneys may be able to help. Call 830-769-1010 for a free consultation.

Source:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.9.htm