What Legal Defenses Are Available for Murder Charges?

Have You or Someone You Love Been Charged With Murder?

Murder is the most serious charge in the Texas criminal justice system. If you are charged with murder in the Dallas-Fort Worth area, you must have – as quickly as possible – the sound legal advice and effective defense representation that a Dallas homicide attorney will provide.

Far too many murders are committed each year in this state. More than 2,000 murders were reported in Texas in 2022, including 214 murders in Dallas and 100 in Fort Worth.

How is murder defined by the State of Texas? Are there different murder charges? What are your rights if you are charged with murder, and how are murder cases handled by the courts in this state? Perhaps most importantly, what defenses may you present against a murder charge?

How is Murder Defined? What Are the Penalties for a Murder Conviction?

The definition of murder is killing someone unjustifiably, unlawfully, intentionally, and with malice aforethought. A murder in Texas is usually charged as a first-degree felony that may be penalized upon conviction with 5 to 99 years in prison or a life sentence.

If you are prosecuted for murder in this state, but your Dallas homicide lawyer can prove that you were “under the immediate influence of sudden passion arising from an adequate cause,” you may be convicted of second-degree murder and face a maximum prison term of 20 years.

In certain Texas murder cases, defendants face the death penalty. To win a conviction for capital murder, which is a separate charge under Texas law, the state must prove that the defendant is guilty of first-degree murder and that at least one of these circumstances also applies:

1. The victim was an on-duty police officer or an on-duty firefighter.
2. The victim was killed during the commission of another violent felony.
3. The murder was a murder for hire, or more than one person was murdered.
4. The victim was a child who was less than 15 years old.
5. The defendant was making a prison escape or already serving a life sentence.

What Are the Other Homicide Charges in Texas?

The other homicide charges in Texas are manslaughter and criminally negligent homicide:

1. Manslaughter is a second-degree felony that may be penalized on conviction with a 2-to-20-year prison term. To convict you of manslaughter, the state only has to prove that you “recklessly” caused someone’s death.
2. Criminally negligent homicide is a state jail felony that may be penalized on conviction with up to two years in jail. To convict you of criminally negligent homicide, the state only has to prove that you caused someone’s death as the result of “criminal negligence.”

What Defenses May Be Presented Against a Murder Charge?

If you are charged with murder in or near the Dallas area, your Dallas homicide attorney will investigate the details of the crime, find weaknesses or flaws in the state’s case against you, and prepare an aggressive, effective defense strategy.

Your defense attorney may also consult psychologists, private investigators, forensic experts, and other specialists and authorities. In a murder case, your attorney may present one or more of these defenses on your behalf:

1. The death was an accident, and your actions did not meet the definition of murder.
2. You acted to protect yourself or someone else, and the homicide was justifiable.
3. You did not have any intention to cause the victim’s death.
4. You acted due to an extreme emotional disturbance or a mental disease or defect.
5. Another person committed the murder, you’ve been misidentified, and you are innocent.

How Do Defense Attorneys Handle Murder Cases?

If a prosecutor’s evidence is persuasive and your conviction for murder is inevitable, your lawyer may seek to negotiate a plea bargain. In most plea deals in murder cases, a defendant pleads guilty to a reduced charge, such as manslaughter or criminally negligent homicide, and agrees to serve the sentence for that lesser charge.

Thoughtfully consider any plea bargain offer and review it carefully with your Dallas homicide lawyer. However, if you are not guilty, you may exercise your right to a jury trial. Your future will be at stake if your murder case goes to trial, so you must be defended by a lawyer you trust.

At a murder trial, your lawyer may ask expert witnesses to offer testimony in support of your defense. Your lawyer will cast doubt on the prosecution’s evidence and witnesses, present an aggressive defense, explain why you are not guilty, and ask the jury to return an acquittal.

What Else is Important to Know About Murder Charges in Texas?

If you are targeted for a murder investigation, or if you’re arrested and charged with murder, you have the right to remain silent. Do not answer any questions from prosecutors or police officers before you consult your defense lawyer, and do not try to act as your own lawyer, either.

Any mistake that you make in a murder case could be catastrophic.

That is why, if you are facing a murder charge in the greater Dallas-Fort Worth area, you cannot trust your fate to an inexperienced or untested defense lawyer. You must be represented by a Dallas criminal defense attorney who has considerable experience handling murder cases.

Let the Legal Team at Palmer Perlstein Represent You

If you are charged with murder in the Dallas-Fort Worth area, a conviction will damage your family and destroy your future. You must be defended and advised by award-winning attorneys who have built a reputation for legal excellence – the criminal defense team at Palmer Perlstein.

With more than 140 years of combined legal experience, our defense attorneys have successfully handled the most complicated and difficult murder cases. If you are charged with murder, we’ll defend you aggressively and effectively, and we’ll bring your case to its best possible outcome.

If you are facing a murder charge or a manslaughter charge, or if you are accused of any serious criminal offense in the Dallas-Fort Worth area, now or in the future, call the attorneys at Palmer Perlstein immediately at 469-966-7614 to schedule your first legal consultation.