Of all the criminal acts you could be accused of, murder is one of the most heinous. Texas is a state that takes such charges very seriously, and the consequences are quite severe.
Understanding the law and your rights can greatly benefit you if you’re facing such a serious offense. This article discusses how murder is defined, its penalties, the defenses you can use, and alternative sentences. You will also learn the importance of having a Fort Worth Murder Lawyer on your side.
How Texas Law Defines Murder
Murder is defined as the intentional killing of another person. Specifically, Section 19.02 of the Texas Penal Code states that a person commits murder if they:
- Intentionally or knowingly cause the death of an individual.
- Intend to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual.
- Commit or attempt to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, they or another person commit an act clearly dangerous to human life that causes the death of an individual.
Under Texas law, murder is a serious crime and can result in severe penalties, including imprisonment for life or even the death penalty. However, the specifics of a murder case can vary widely, and the penalties imposed will depend on the specific circumstances of the crime.
Types Of Murder & Their Penalties
Murder is a serious crime that is punishable by law in Fort Worth, Texas. The state recognizes different forms of murder, each with varying degrees of severity and corresponding penalties. Here are some of the most common types of murder in Texas and their penalties.
Capital Murder: The Most Severe Charges
Capital murder is the most serious form of murder in Texas. It is punishable by either life imprisonment without the possibility of parole or the death penalty. Texas is one of the states in the U.S. that continues to carry it out. It can result from the intentional killing of a law enforcement officer, firefighter or emergency medical personnel, a child, or multiple individuals.
First-Degree Murder: Intentional & Premeditated
First-degree murder is also intentional but with premeditation and deliberation. You can receive life imprisonment without the possibility of parole or the death penalty. You may also pay a fine of $10,000.
Second-Degree Murder: Reduced Sentencing Compared To First Degree
Second-degree is similar to the first-degree but with less severe sentencing. You can be punished with five to ninety-nine years in jail and a fine of up to $10,000.
Manslaughter: Voluntary VS. Involuntary
Manslaughter is unintentional and can be voluntary or involuntary. Voluntary manslaughter involves killing in the heat of passion, while involuntary manslaughter is caused by reckless behavior. Both are punishable by two to twenty years in prison and up to a $10,000 fine.
Criminally Negligent Homicide: Recklessness Leading To Death
Lastly, criminally negligent homicide. It involves recklessness or criminal negligence resulting in the death of another person. This charge holds a prison sentence of 180 days to two years and a fine of up to $10,000.
Common Defenses Against Murder Charges
If you are facing murder charges, it’s crucial to have an experienced attorney by your side. They can review the facts of your case and determine whether any defenses apply. Below are some common defenses against murder charges.
Self-Defense
Under certain circumstances, someone can use deadly force to protect themselves. That is if they reasonably believe they’re being threatened with deadly force by someone else. That’s why self-defense is always a possible defense in murder cases. A jury views the circumstances from the standpoint of the person accused of causing the death of another person.
Justified Homicide
A person can also use deadly force if they reasonably believe that this is the quickest way to protect themselves against another use or attempted use of unlawful deadly force. It may also be used to prevent an aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery as set out in Penal Code 9.32.
For example, if you see another individual pointing a gun at you, and believe that person is about to shoot, you may have to use deadly force to protect yourself. However, you should distinguish between a threat of deadly force and a threat of bodily injury. If you are under the threat of bodily injury, you are only entitled to use sufficient force to defend yourself.
Defense Of A Third Person
Deadly force can also be used to protect another person. This is called the defense of a third person and it can be used by lawyers in murder charges.
However, you have to reasonably believe that the person you are protecting is in imminent danger or harm. This means that you can’t just use force because you think something might happen, but you must have a reasonable belief that harm is going to occur.
In addition, the amount of force that you use to protect the other person has to be reasonable and proportionate to the threat faced. You also have to show that you had no other reasonable option but to use force to protect them. This means that if you could have called the police or used some other method to protect the other person, you may not be justified in defending them by yourself.
Sentencing Options For Murder Convictions In Texas
In Texas, the primary sentencing for murder cases are capital punishment, life imprisonment, and life imprisonment without parole.
Capital punishment, or the death penalty, is applied in cases of capital murder, where the crime is considered especially heinous or involves specific aggravating factors. Section 19.03 of the Texas Penal Code outlines several scenarios that may be considered capital murder. Some examples are:
- Killing a police officer or fireman in service.
- Murder for hire.
- Prison escape-related murder.
- Killing a minor.
- Killing a judge for revenge.
- Multiple killings in a single or related act.
Life imprisonment is another possible punishment for individuals convicted of murder. A person sentenced to life imprisonment becomes eligible for parole after serving 30-40 years. However, for capital murder cases where the death penalty is not sought or imposed, the defendant may be sentenced to life imprisonment without the possibility of parole.
In some instances, courts may also take into account mitigating factors or the defendant’s background, which could influence the final sentencing decision. It is important to hire an experienced criminal defense attorney to defend against these cases because the penalties are severe. Without having a lawyer familiar with possible defenses and ways to challenge the prosecutor’s evidence, a defendant may have a lower chance of a favorable outcome.
How A Fort Worth Murder Lawyer Can Help
If you or a loved one is facing murder charges, it’s essential to get the services of an experienced murder lawyer. They can provide a comprehensive defense strategy to protect your rights and interests. Here are some ways that a criminal defense lawyer can help.
Investigating Your Case: Building A Strong Defense
Your lawyer can investigate the case thoroughly to determine whether the prosecution has enough evidence to prove your guilt beyond a reasonable doubt. They can conduct interviews with witnesses, review police reports, and gather any other evidence that may be useful in your defense.
Negotiating With The Prosecution: Seeking Lesser Charges
Your lawyer can negotiate with the prosecution to try to reduce your charges or sentence. In some cases, the prosecution may be willing to offer a plea bargain that can result in a lesser charge or sentence.
Representing You At Trial: A Compelling Defense Strategy
If your case goes to trial, your attorney can represent you in court and present a compelling defense to the charges against you. They may cross-examine witnesses, argue against the prosecution’s evidence, and present evidence in your favor.
Appealing Your Conviction: Pursuing Justice After A Verdict
If you are convicted of murder, your lawyer can help you appeal your conviction. They can find errors or issues with the trial proceedings that might have affected your case, and file an appeal on your behalf.
Get Help From The Medlin Law Firm
The Medlin Law Firm has a team of experienced criminal defense attorneys who can fight for you. With a background in criminal prosecution, they know how murder charges and trials in Texas are pursued, and how to defend your rights and freedom.
Their lawyers will educate and inform you about the charges and the next steps you need to take. They will closely examine your case and challenge the evidence and testimony being used to assert your guilt. Remember, you are presumed innocent until proven guilty. They will not let the stress and strain of a murder accusation convince you to act in any other manner than that which reinforces your innocence.
Their criminal defense attorneys understand that a murder charge places your life on the line. They will defend you with the energy and dedication those stakes require. Contact a murder attorney immediately if you are being investigated or have been charged with murder. A strong defense starts today.
Summary
Murder charges in Fort Worth are serious, and the penalties can be severe. If you or a loved one is facing murder charges, it’s crucial to have an experienced Fort Worth murder lawyer by your side.
A lawyer can provide a comprehensive defense strategy to protect your rights and interests and help you achieve the best possible outcome in your case. With the right murder attorney, you can navigate the criminal justice system with confidence and secure your future.
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