Few accusations are as serious as a homicide charge. If you or someone you love has been arrested or questioned about a death, the decisions made in the first days can shape the whole case.
I have sat in every seat in the courtroom: as a criminal defense lawyer for 15 years, as a part-time Municipal Judge for 9 years, as a Felony Prosecutor in Bexar County and Galveston County, and as a Trial Team Chief in a prosecutor’s office in El Paso County. I have tried all types of cases, from misdemeanor family violence to large drug possession cases to the most serious cases, such as sexual assault and murder.
What you’re facing
Texas law divides criminal homicide into four offenses. The difference between them is mainly the person’s mental state and the circumstances of the death.
- Murder is usually charged when the State says a person intentionally or knowingly caused a death. It also covers some deaths caused while trying to cause serious bodily injury, or during another felony. Murder is a first-degree felony, with a range of 5 to 99 years or life in prison.
- Capital murder is murder plus a circumstance listed in the Penal Code. Examples include the murder of an on-duty peace officer or firefighter, a murder during a robbery or burglary, murder for hire, more than one murder, and the murder of a child under 15. It is a capital felony. For an adult, the punishment is life in prison without parole. If the State seeks the death penalty, the punishment is life without parole or death.
- Manslaughter means recklessly causing a death. It is generally a second-degree felony, with a range of 2 to 20 years in prison.
- Criminally negligent homicide means causing a death through criminal negligence. It is a state jail felony, with a range of 180 days to 2 years in a state jail.
In a murder case, the defense can raise “sudden passion” at the punishment stage. If the defense proves the death was caused in sudden passion arising from adequate cause, the range drops to that of a second-degree felony.
Probation is very limited. After a murder conviction, a judge cannot order community supervision, and a jury cannot recommend it.
What to do now
- Do not talk with police or investigators about the death without a lawyer, even to “clear things up.” Politely say you want a lawyer.
- Do not discuss the case with friends, family, cellmates, or anyone on a jail phone or video visit. Those calls are usually recorded.
- Stay off social media. Do not post, message, or delete anything about the case.
- Write down names of people who may know what happened, and where records or video might be found.
- Call me as early as you can, even before an arrest.
How I can help
Homicide cases often turn on details: who did what, and what each person intended. As a former Felony Prosecutor, I know how these cases are built. As a defense lawyer, I use that knowledge to:
- Review the scene evidence, autopsy findings, lab work, phone records, and video.
- Look closely at how any statement or identification was obtained.
- Examine whether self-defense, defense of others, or another defense may apply.
- Test whether the facts support murder, or only a lesser charge such as manslaughter.
- Prepare the case for trial from day one while exploring every other option.
I explain each step in plain English. You make the key decisions, and I make sure you understand them.
Every case is different. Past results do not guarantee future results.
Frequently asked questions
I was not the person who caused the death. Can I still be charged? Sometimes. Texas law can hold a person responsible for another person’s conduct in certain situations, such as when the State says the person helped or encouraged the offense. Whether that fits your case depends on the facts.
What is the difference between murder and manslaughter? Mostly the mental state. Murder generally requires that the person acted intentionally or knowingly, or meant to cause serious bodily injury. Manslaughter involves acting recklessly.
Will my case go to trial? Many homicide cases are prepared for trial, and some are tried. Others are resolved in other ways. I will talk with you about every option, and the decision is yours.
How long do these cases take? Often many months. Forensic testing and the court’s schedule both affect timing. I keep you updated as your case moves.
Talk with me about your case
Your consultation is free. Call me at (346) 366-7566. Please call rather than putting details in an email or online form.