Texas Murder Defense

Generally yes under Penal Code §19.02§19.02§19.02. But §19.02(d) allows the defendant to prove at the punishment phase, by a preponderance of evidence, that the killing happened under the immediate influence of sudden passion arising from an adequate cause. If proven, punishment drops to second-degree felony range (2-20 years) instead of 5-99 or life.

Under §19.02(b)(3), a person commits felony murder if they commit or attempt to commit a felony other than manslaughter, and in the course of and in furtherance of the commission or attempt, they commit or attempt to commit an act clearly dangerous to human life that causes the death of an individual. The underlying felony intent supplies the murder mens rea.

First-degree felony: 5 to 99 years or life in TDCJ, plus up to $10,000 fine. Murder with a deadly weapon finding requires at least half the sentence (or 30 years, whichever is less) before parole eligibility under Government Code §508.145. Some murders qualify for capital classification under §19.03.

Yes. §9.32 authorizes deadly force in self-defense when the actor reasonably believed it was immediately necessary to protect against another's use or attempted use of unlawful deadly force, or to prevent the commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery. The Castle Doctrine and stand-your-ground provisions apply.

§7.02 makes a person criminally responsible for the conduct of another if they aid, attempt to aid, solicit, encourage, direct, or attempt to direct the commission of the offense. Co-conspirators can be convicted of murder even if they did not personally cause the death, when the murder was in furtherance of the conspiracy and should have been anticipated.

Under §19.02, murder requires intentional or knowing causation of death, OR intent to cause serious bodily injury that results in death. Compare with manslaughter (recklessness) and criminally negligent homicide (criminal negligence). The State must prove the requisite mental state beyond a reasonable doubt.

Self-defense and defense of others (Penal Code Chapter 9), insanity (§8.01), mistaken identity, alibi, lack of intent, sudden passion at punishment, accident or misfortune, and challenges to the State's evidence (chain of custody, forensic methodology, witness identification). Strategy depends on facts.

No. A murder conviction cannot be expunged or sealed in Texas. Only an acquittal at trial, a dismissal before trial, or a successful habeas corpus action makes the record eligible for expunction under Code of Criminal Procedure Chapter 55A.

Bonds vary by county and facts. In Collin County, first-degree murder bonds frequently set at $250,000 to $1,000,000. Dallas County and Tarrant County are similar. Bond reduction motions under Code of Criminal Procedure Article 17.151 are filed routinely; some judges grant pretrial release on PR bonds with conditions in cases with weak evidence or strong community ties.

No, not without counsel. Invoke your Fifth Amendment right and ask for a lawyer. Anything said can and will be used against you. Murder investigations are particularly aggressive and detectives are trained to elicit incriminating statements even from innocent suspects. Call us before any interview.